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201501304
<br /> DEED OF TF�tJST
<br /> Loan No: 10032745 (Coiltinued) Page 7
<br /> that if Lender does consent to a request, that does not mean that Trustor wiU not have to get Lender's consent
<br /> again if the situation happens again. Trustor further understands that just because Lender consents to one or more
<br /> of Trustor's requests, that does not mean Lender will be required to consent to any of Trustor's future requests.
<br /> Trustor waives presentment, demand for payment, protest,and notice of dishonor.
<br /> Severability. If a court finds that any provision ofi this Deed of Trust is not vaPid or should not be enforced, that
<br /> fact by itself will not mean that the rest of this Deed of Trust will not be valid or enforced. Therefore, a court wilf
<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 unenforceable.
<br /> Successors and Assigns. Subject to any limitations stated 'm tf�is Deed of Trust on transfer of Trustor's interest,
<br /> this Deed of Trust shall be binding upon and inure to the benefit ofi the parties, their successors and assigns. If
<br /> ownership of the Property becomes vested in a person other than Trustor, 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 forbearance or
<br /> extension without releasing Trustor from the obtigations of this Deed of Trust or liability under the Indebtedness.
<br /> Time is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br /> Waive 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 any party against any other party.
<br /> Waiver of Homestead Exemption. Trustor hereby releases and waives all 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 /> DEFINITIONS. The following words shall 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 Oscar M Gomez and Teresa D Gomez and includes aA co-signers and
<br /> co-makers signing the Note and all their successors and assigns.
<br /> Deed of Trust. The words "Deed ofi Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and
<br /> includes without limitation all assignment and security interest provisions relating to the Personai Property and
<br /> Rents.
<br /> Environmental Laws. The words "Environmentaf Laws" mean any and a(I state, federa! and local statutes,
<br /> regulations and ordinances relating to the protection of human health or the environment, including without
<br /> limitafion the Cornprehensiue Environmental Response, Compensation, and Liability Act of 1980, as amended, 42
<br /> U.S.C. Section 9601, et seq. ("CERCLA"), the Superfurad Amendments and Reauthorization Act of 1986, Pub. L.
<br /> No. 99-499 ("SARA"),the Hazardous Materials Transportation Act,49 U.S.C. Section 180'i,et seq.,the Resource
<br /> Conservation and Recovery 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" rnean any of the events of default set forth in tfiis Deed of Trust in
<br /> the events of default section of this Deed of Trust.
<br /> F�cisting 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 af 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 environrnent when improperVy 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 limitation 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. Tfie wo�d "FrrrproveNne�ts>'..me��s,,,all existing and future improvements, buildings, structures,
<br /> mobile homes affiixed�on the"R�;al�Property;facilities,.,additions, replacements and other construction on the Real
<br /> Property. ' �� _ _ a
<br /> indebtedness. The word"°Indebte�sss'•�mearis,.all.prFncipal, interest, and other amounts, costs and expenses
<br /> payabie under the Note or Relateci Documents, 'tagether with all renewa[s ofi, extensions of, modifications of,
<br /> consotidations of and substitutions for the Note or Related Documents and any amounts expended ar advanced by
<br /> Lender to discharge Trustor's obligations or expenses incurred by Trustee or Lencfer to enforce Trustor's
<br /> obligations under this Deed of Trust,together with interest an 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 acquires any interest in the Note.
<br /> Note. The word "Note" means the promissory note dated February 27, 2015, 111 the original �rincipal
<br /> amount of S 14,346.84 from Borrower to Lender, together with all renewals of, extensions of, modifications
<br /> of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturify date of
<br /> this Deed of Trust is March 25, 2020.
<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 or affixed to the Real Property;
<br /> together with all accessions, parts, and additions to, all replacements of, and all substitutior.s for, any of such
<br /> property; and together with aIl proceeds (including without limitation all ir.surance praceeds and refuncis of
<br /> premiums} from any sale or other disposition of the Property.
<br /> Property. The word "Property' means collectively the ReaB Property and�he Personal Propercy.
<br /> Reaf Property. The words "Real Property" mean the reai property, interests and rights, as furiher described in this
<br /> Deed of Trust.
<br /> Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan
<br /> agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security
<br /> deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter
<br /> existing, executed in conneetion with the Indebtedness.
<br /> Rents. The word "Rents" means aIl present and future rents, revenues, income, issues, royalties, pro#its, and
<br /> other benefits derived from the Property.
<br /> Trustee. The word "Trustee" means Equitable Bank iGrand Island Re�ion), whose address is 113-115 N Locust
<br /> St; PO Box 160, Grand Isiand, NE 68802-0160 and any substirtute or successor trustees.
<br /> Trustor. The word "Trustor" means Teresa Gomez and Oscar Gomez.
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