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� 201404751
<br /> DEED O� TRUST
<br /> Loan No: 81005941 (Continuec!} Page 7
<br /> of Trust. Where any one or more of the parties is a carporation, partnership, limited lial�ility company or similar
<br /> entity, it 9s not necessary for Lender ta inquire into tf�e powers of any of the officers, directors, partners, members,
<br /> or other agents acting or purporting to act on the entity's behaff, and any pbligations made or created in reliance
<br /> upon the professed exercise of such powers sha11 be guaranteed under this �eed of Trust.
<br /> No Wai�er 6y Lender. Lender shall nat be deemed to have waived any rights under this Deed of Trust unless such
<br /> waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right
<br /> shafl operate as a waiver of such right or any other righi. A waiver 6y Lender of a prov�sion of this Deed of Trust
<br /> sha[I not prejudice or constitute a waiver of Lender's right otherwise to demand strict compEiance v+rith that
<br /> provision ar any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing
<br /> between Ler�der and Trustar, shal! constitute a waiver of any of Lender`s rights or of any of i�rustor's obligations
<br /> as to any future transactions. Whene�er the consent of Lender is required �nder th9s Deed of Trust, the granting
<br /> of such consent by Lender in any instance shall not constitute contin�ing consent to subsequent instances w[�ere
<br /> such consent is required and in al[cases suc[� consent may be granted or withhe[d in the sole discretion of Lender.
<br /> 5e�erability. Ef a court of competent jurisdict9on finds any provision o#this Qeed of Trust to be iflegal, invalid, or
<br /> unenforceable as to any circumstance, that finding shall not make xhe ofFending provision illegal, invalid, or
<br /> unenforceable as Yo any other circumstance. If feasible, the offending provision sha][ be considered modified so
<br /> that it becorr�es legal, valid and e�forceable. [fi the offending provision cannnt be sa modified, it shall be
<br /> considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or
<br /> unenforceability of any provision of this Deed of 7rust shall not affecY the legality, �alidity or en#orceability af any
<br /> other provision of this Deed of Trust.
<br /> Successors and Assigns. 5ubject to any limitations stated in #his Deed of Trust on transfer of Trustor's interest,
<br /> this Deed of Trust shall be binding upon and inure #o the benefit ot#he parties, their successors and assigns. ]f
<br /> ownership of the Property becomes vested in a person other than Trus�or, Lender, without notice to Trustor, may
<br /> deal with Trustor's successors with reference to this Deed of Trust and the Indebtedness by way of for6earance or
<br /> extension wiYhout relsasing Trustor from the obligations of this Deed af Trust or lial�ility under the Inde6tedness.
<br /> Time is of fihe Essence. Time is of the essence in the performance of this Deed af Trust.
<br /> Waive J�ry. All parties to this Deed of Trust hereby waive the right to any jury trial in any action, proceeding, or
<br /> coun#erclaim hrought by any party against any other party.
<br /> Waivar of Homestead Exemption. Trus#or hereby re[eases and waives all rights and benefits of the horrEestead
<br /> exemption fews of the STate of Nebraska as to all Indebtedness secured by this Deed af Trust.
<br /> DEFINITIOA[S. The following capitalized words and terms shall have the following meanings when used in this �eed of
<br /> Trust. Unless specificapy.stated ta the contrary, all references to dollar amounts shal] mean emo�nts>in lawtul money
<br /> ..,�
<br /> of the lJniteci States a# Ameri�a,-:� Wards and terms used irt the singular sha[I inclu,de the plural, and the plural shaU
<br /> include the singufar, as��the�-context may require. Words and terms not otherwise`�lefine+cf iro this Deed of Tru§t shall
<br /> ha�e the:.tr�eanings,.attributed to such terms in the Uniform Commercia] Code: -
<br /> Beneficiary. The word "BenefiCiary" means Equitable Ban[c, and its successors and ass,igns. - ,. , .. �
<br /> Borrower. The word "Borrower" means D & A [NVESTMENTS, L.L.C:,,"RICHRRD H� BAASCFE� and ARLENE M
<br /> BAASCH and incEudes all co-signers and co-makers signing the Note and aA their successors ared assigns.
<br /> beed of Trust. The wards "Deed of Trust" mean this Qeed of Trust among Trustor, Lender, and Trustee, and
<br /> includes without iimitation ali assignment and security interesF provisions relating to #he Personal Properry and
<br /> Rents. -
<br /> Defa�lt. The word "Default" means the Default set forth in this Deed of Trust in the section titled "Default".
<br /> En�ironmerrtal Laws. The words "Environinerntal Laws" mean any and all state, federal and local statutes,
<br /> regulations and drdinances relating to ttie pro"tection of human health or the environment, including without
<br /> limitation the Campref�ensive Environmental Response, Compensation, and Liability Act of 7980, as amended, 42
<br /> U.S.C. Section 9601, et seq. i°CERCLA"1, the Super�und Amendments and Reauthorization AcF of 1986, Pub. L.
<br /> Na. 99-499 f"5'�,RA"),the Hazardous Materials Transportation Act,49 L1.S.C. Section 1801, et seq.,the Resource
<br /> Conservation and Recovery Act, 42 U.S.C. Section 69a1, et seq., or other applicable state or federa[ laws, rules,
<br /> or regulatiQ�s adopted•�ursuant thereto.
<br /> Event of Default. The words "Event of Default" mean any of the events of defau[t set forth in this Deed of Trust in
<br /> the events of default section of this Deed of Trust.
<br /> G�aranty. The word "Guaran#y" means the guaranty from guarantor, endorser, surety, ar accommodation party to
<br /> Lender, including without iimitation a guaranty of al[or part of the Note.
<br /> Hazarcious S�bstances. The words "Hazardous SubsTances" mean materials that, because of Yheir quantity,
<br /> concentration or physical, chemical or infectiovs characteristics, may cause or pose a prese�t or potential hazarc[
<br /> to human health or the environment when improperly used,treated, stored, disposed of, generated, manufactured,
<br /> transported or otherwise handled. �he words "Hazardous Substances" are used in their very broadest sense and
<br /> include without limitation any and al] hazardous or toxic substancas, materials or waste as defined by or ]isted
<br /> �nder the Environmental Laws. The term "Hazardaus Substances" also includes, without limitation, pe#roleum and
<br /> petroleum by-products or any fraction thereof and as6astos.
<br /> ]mprovements. The word "Improvements" means al] existing and future improvements, b�ildings, sYructures,
<br /> mobile homes affixed on the Real Property, faci[ities, additians, rep]acements and other construction on the Rea]
<br /> Property.
<br /> Indebtedness. The word "Inde6tedness" means ali principal, interest, and other amounts, costs and expenses
<br /> paya6le under the Note or Related Documents, together with all renewals of, extensions of, modifiicacions of,
<br /> consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced hy
<br /> Lender to discharge Trustor's obligations or expenses incurred by Trustee or Lender to enforce Trustor's
<br /> obligations uncfer this Deed of Trust, together with interest on sucF� amaunts as provided in �this Deed of�rust.
<br /> Specifically, without limitation, Indebtedness includes the f�ture advances set forth in the Fut�re Advances
<br /> provision, together wit[� al] interest thereon and a][ amounts that may be indirectly secured by the
<br /> Cross-Coflateralization pravision of this �eed of TrusY.
<br /> Lender. The word "�.ender" means Equitable Bank, its successors and assigns.
<br /> [�ote. The word "f�ote" means the promissory note dated August 7, 24'[4, in the original principal amount
<br /> of $55,094.70 fram Borrower to Lender, together with all renewals of, e�ctensions of, modifications of,
<br /> re#inancings of, consotidations of, and substitutions for the promissory note or agreement.
<br /> Personal Pro�erty. The words "Personal Property" mean a[I equipment, fixtures, and other arCicles o�F personal
<br /> property now or hereafter ownec! by Trustor, artd now or hereafter aftached or affixed to the Real Properiy;
<br /> together with all accessions, parts, and additions to, all replacements af, and all substitutioros for, any of such
<br /> proparty; and together with aEl proceeds {iRcludEng without limitation all insurance proceeds and refunds of
<br /> premiums] from any sale or other disposition of the PrQperty.
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