201404185
<br /> DEED OF TRUST
<br /> Loan No: 10009881 (Continued) pag� �
<br /> Waiver of Homestead Exemption. Trustor hereby releases and waives afi rights and benefits of the homestead
<br /> exemption laws of the State of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br /> DEFlN1TIONS. The following words shail have the following meanings when used in this Deed of Trust:
<br /> Beneficiary. The word "Beneficiary" means Equitable Bank, and its successors and assigns.
<br /> Borrower. The word "Borrower" means DAVID R BENSON and SUSAN K BENSON and includes all co-signers and
<br /> co-makers signing the Note amd all their successors and assigns.
<br /> Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and
<br /> inciudes without limitation all assignment and security interest provisions relating to the Personal Property and
<br /> Rents.
<br /> Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes,
<br /> regulations and ordinances �elating to the protection of human health or the environment, including without
<br /> limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42
<br /> U.S.C. Section 9601, ef seq. ("CERCLA"), the Superfund Amendments and Reauthorization Ac�of 1986, Pub. L.
<br /> No. 99-499 ("SARA"), the Hazardous Materials Transportatian Act,49 U.S.C. Section 1801, et seq.,the Resource
<br /> Conservation and Reeovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules,
<br /> or regulations adopted pursuant thereto.
<br /> Event of Default. The words "Event of Default" mean any of the events of default set forth in this Deed of Trust in
<br /> the events of default section of this Deed of Trust.
<br /> Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens
<br /> provision of this Deed of Trust.
<br /> Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to
<br /> Lender, including without limitation a guaranty of all or part of the Note.
<br /> Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity,
<br /> concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard
<br /> to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured,
<br /> transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and
<br /> include without fimitation any and all hazardous or toxic substances, materials or waste as defined by or listed
<br /> under the Environmental'Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and
<br /> petroleum by-products or any fraction thereof and asbestos.
<br /> Improvements. The word "Improvements" means all existing and future improvements, buildings, structures,
<br /> mobile homes affixed on the Real Property, facilities, additions; replacements and other construction on the Fieal
<br /> Property.
<br /> Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses
<br /> payable under the Note' or Related Documents, together with all 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 or 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 company that acqui�es any inferest in the Note.
<br /> Note: The word "Note"'means the promissory note dated July 2, 2014, in the original pr6ncipal amount of
<br /> $55,000.00 from Trustor to-Lender, together with all renewals of, extensions of, modifications of; refinancings
<br /> of, consolidations of, and subsfitutions`for tiie;promissory rrote orf agreement. The rnaturity date ofi this Deed of
<br /> Trust is July 15, 2029. NOTICE TO TRUSTOR:`THE NOTE CONTAINS A VARIABLE WTEREST RATE.
<br /> Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal
<br /> property now or hereafter owned by Trustor, and now or. hereafter attached ar affixed to the Real Prope�ty;
<br /> together with all accessions, parts, and additions to, all replaceinents of, and'all substitutions for, any of such
<br /> property; and together with all proceeds (including without limitation all 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 Personal Property.
<br /> Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this
<br /> Deed of Trust.
<br /> Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan
<br /> agreements, environmen�al agreements, guaranties, security ag�eements, mortgages, deeds of trust, security
<br /> deeds, collateral mortgages, and all other irastruments, agreements and documents, whether now or hereafter
<br /> existing, executed in connection with the Indebtedness.
<br /> Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and
<br /> other benefits derived from tYue Property.
<br /> Trustee. The word '�^� :s�:Equitabl'e��ank (Grand Island Region), whose address is 113-115 N Loeust
<br /> St; PO Box 160,.��d ,;�E 68802-0160 and any substitute or successor trustees.
<br /> . �;, .
<br /> Trustor. TF�e w� ��or"'.means DAVID ft BENSON and SUSAN K BENSON.
<br /> EAGH TRUSTO���G'`KrNOWLEDGES HAVII�GF READ�ALL THE PROVISIONS: OF THIS DEED OF TRUST, AND EACH
<br /> TRl!`\TOR AGREES TO ITS TERMS.
<br /> i
<br /> T STOR:
<br /> ��
<br /> DAVID R BENSON
<br /> `
<br /> X `�-�" �- � �������" \
<br /> SUSAN K BENSON -
<br />
|