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� 201403955
<br /> DEED OF TRUST
<br /> Loan No: 373051757 �COrtttnued) Page 7
<br /> besd of 7rust has been acceptad hy Lender in the State of Nehraska.
<br /> Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to su6mit to the jurisdiction of the
<br /> courts of HaEI County, State of Nebraska.
<br /> .loint and Severe[ Liability. Afl obligat9ons of Trustor under this Deed of Trust shall be loint and several, and all
<br /> references ta Trustor shall mean each and every Trustor. This means that each Trustor signing below is
<br /> responsibie for all obligations in th'ss Deed of Trust.
<br /> No Waiver by l.ender. Trustor understands Lender wiEl not give up any of�ender's rights under this Desd o#Trust
<br /> unless Lender does so in writing. The fact that Lender delays or omits to axercise any right will not mean that
<br /> Lertder has given up that right. If Lender does agree in writing to give up one of Lender's rights, ihat does not
<br /> rr�ean Trustor wil] not have to comp[y with the other pro�isions of this Deed of Trust. Trustor a]so understands
<br /> that if Lender does consent 'to a request, thai does nat mean that Trustor wi11 not have to get Lender's consent
<br /> again if the situation happens again. Trustor further vnderstands that just because Lender consents to one or more
<br /> of 7rustor's requests, tf�at does not mean Lender wi[I be required to consent to any of Trustor's #uture reauests.
<br /> Trustor waives presentmer�t, demand for payment, protest, and notice of disho�or.
<br /> Se�erabifity. If a court finds that any provision of this Deed of Trus# is not valid or should not be enforced, t[�at
<br /> fact by itself will not mean that the rest of this Deed of Trust will not be valid or enfarced. Therefore, a court will
<br /> enforce the rest of the provisions of this Deed of Trust even if a provision of this Deed of Trust may be found to be
<br /> invalid or unenforceabfe.
<br /> Successors and Ass9gns. Subject to eny fimitetions statad in this Qeed of Trust on transfer of Trustor's interest,
<br /> this Deed of Trust shalf be binding upon and inure to the benefit of the parties, their successors and assigns. If
<br /> awnership of the Property becomes �ested in a person other than Trustor, Lender, without notice to Trustor, may
<br /> dea[with Trustor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or
<br /> extension wiEhout releasing Trustor frorsi the ohligations of this Deed of Trust or liability under the Indebtedness.
<br /> Time is of the Essence. T'sme is of the essence in the performance of this Qeed of Trust.
<br /> Wai�e Jury. All parties to this Deed of Trust hereby waive the right to any jury trial in any action, proceeding, or
<br /> counterclaim brought by aRy party against any other party.
<br /> Waiver of Homesteatl Exemption. Trustor hereby releases and waivss all rights and benefits of the homestead
<br /> exemption laws of the State of iVebraska as to all ]ndebtedness secured by this Deed of Trust.
<br /> DEFIIV[TIONS. T[�e following words shall have the following meanings when used in this Deed of Trust:
<br /> 8enef�ciary. The word "Beneficiary" means Equitable Bank, and its successors and assigns.
<br /> Borrower. The word "Borrower" means TOMNIY L UMMEL JR and CARY K UNifV1EL and includes all co-signers
<br /> and co-makers signing the Note and atl their successors and assigns.
<br /> Deed of Trust. The words "Deed of TrusE" mean this Deed of Trust among Trustor, Lencler, and Trustee, and
<br /> incfudes without limitation a[I assignment and security interest provisions relating to the Personal Property and
<br /> Rents. `
<br /> Environmentaf Laws. 7he words "Environmental Laws" meen any and all state, federa[ and local statu#es,
<br /> regulations and ordinances relating to the protection of human health or the environment, including withaut
<br /> limitation the Corr�prehensive Environmenta] Response, Compensatian, and Liability Act of 7 980, as amanded, 42
<br /> U.S.C. Section 96dt, et seq. ("CERCLA"], the Superfund Amendments and Reauthorization Act af 1986, Pub. L.
<br /> No. 99-499 {"SARA"},the Hazardous Materials Transportation Act, 49 U,S.C. Section 9$01,et seq.,the Resource
<br /> Conservation and Recovery Act, 42 U.S.C. Section 6907, et seq., or other appiicab[e state or�ederal ]aws, ru[es,
<br /> or regulations adopted pursuant thereto. -
<br /> Event of default. The words "Event af Default" mean any of the svents of default set forth in this Deed af Trust in
<br /> the events of defauft section of this Deed of Trust.
<br /> Facisting lndebteciness. The words "Existing Indebtedness" mean the indebtedness descriE�ed in the Existing Liens
<br /> provision of this Deed of 7rust.
<br /> Guaranty. The worc{ "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodatian party to
<br /> Lender, inctuding without limitation a guaranty of all or part of the f�ote.
<br /> Hazardo�s 5�bstances. l"[�a words "Wazardous 5ubstances" mean materiaEs tF�at, because of thsir quantity,
<br /> concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard
<br /> to human health or the environrr�ent when improperly used,treated, stared, disposed of, generated, manufactured,
<br /> transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense anc�
<br /> include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed
<br /> under the Environmenta[ Laws. The term "Hazardous Substances" also includes, without limitation, petro[eum and
<br /> petroleum by-produc#s or any fractioro thereof and asbestos.
<br /> ]mprovements. The word "Improvements" means afl existing and future irnprovements, buildings, structures,
<br /> mobile homes affixed on the Real Property, faci]iYies, additions, replacaments and oEher construction on the ReaE
<br /> Property.
<br /> ]ndebtedness. The word "Indebtedness" means all principal, interest, and other amounts, cos#s and expenses
<br /> paya6le under the Note or Ralated Documents, together with a[I renewals of, extensions of, modifications of,
<br /> consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by
<br /> Lender to discharge Trustor's obligations ar expenses incurred by Trustee or Lender to enforce Trustor's
<br /> obligations under this Deed of Trust,together with interest on such amounts as provided in this Deed of Trust.
<br /> Lender. The word "Lender" means Equitable Bank, its successors and assigns. The words "successors or
<br /> assigns" mean any person or cornpany that acquires any interest in the Nota.
<br /> Nate. T[,e word "Note" means the promissory note dated June 25, 2014, in the origina! principal amovnt
<br /> of $175,Od0.00 from Trustor to Lender, together with all renewals of, e�ctensions of, modifications of,
<br /> refinancings of, consoiidations o�F, and substitutions fior the pramissory note or agreement. The maturity date of
<br /> this Deed of Trust is Decem6er 28, 2014.
<br /> Personal Properly. The words "Personal Property" mean a[I equipment, fixtures, and other articles of personal
<br /> property now or hereafter owned by Trustor, and now or hereafter attached or affixed ta the Rea[ Properry;
<br /> together with al] accessions, parts, and additions to, all rep]acements of, and al[ substitutions for, any of such
<br /> property; and together with a[I proceeds {includ'sng without limitation ail insurance proceeds and refunds of
<br /> premiums] from any sale or other disposition of the Property.
<br /> Property. The word "Property" means collectively the Real Property and the Persanal �roperty.
<br /> Real Property. The words "Rea] �roperty" mean the real property, interests and rights, as furYher described in this
<br /> Deed of TrusY.
<br /> Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan
<br />
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