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��15�3195
<br /> �EED �F TRUST
<br /> Lvan �Vo: 8'���8'I 3� ��antinued} Page 7
<br /> Governing Law. This �eed of Trust �rvill be governed hy federa! law applicahle tv Lender and, to the extent n�t
<br /> preempted by federal Eaw, the laws af the State of Nehras ka without regard to its confli�ts of law provisions. This
<br /> Deed of Trust has heen accepted hy L�nder in the State af Nebraska.
<br /> Chaice of Venue. Ifi there is a lawsuit, Trustor agrees up�n Lender's request to submit to the jurisdiction vf the
<br /> c�urts�f Hal� County, State ofi Nebraska.
<br /> Joint and Se�era� Liability. All obligations ❑f Trustor under this aeed of Trust sha�l be joint and se�eral, and afl
<br /> references to Trustar shall mean each and e�ery Trustor. Thfs means that each Trustor signing belaw is
<br /> respansible fvr all❑bligations in this ❑eed af Trust.
<br /> No Vllai�er by Lender. Lender shall not be deemed tv ha�e wai�ed any rights under this D�ed of Trust unless such
<br /> wai�er is gi�en in writing and signed by Ler�der. Nv de�ay❑r amissian on the part vf Lender in exerc�sing any right
<br /> shall op�rate as a wai�er afi such right or any�ther right. A wai�er by Lender of a pra�ision of this Deed of Trust
<br /> shall not prejudice ❑r constitute a wai�er ❑f Lend�r's right otherwise to d�mand strict complian�e with that
<br /> pro�ision or any other pro�ision vf this Deed ❑f Trust. No prior wai�er by Lender, nvr any course ❑f dealing
<br /> between Lender and Trus�or, shall constitute a wai�er of any af Lender's rights ar of any af Trustor's obligations
<br /> as tv any future transactions. Whene�er the consent �f Lender 15 required under this �eed of Trust, the granting
<br /> of such cons�nt by Lender in any instance shall nvt constitute cvnt�nuing �onsent to subsequent instances where
<br /> such �onsent is required and in all cases such consent may be granted or withheld in the sole discretion�f Lender.
<br /> Severability. If a court Qf compet�nt jurisdi�tion finds any pra�ision of this Deed of Trust to be illegal, in�alid, or
<br /> unenfor�eable as ta any person ar �i�cumstan�e, that finding shall not mak�the offending p�ovisi�n i���gal, in�a�id,
<br /> or unen#arceable as to any �ther person vr circumstance. If feasible, the affending pro�isivn shall he considered
<br /> modified so that it becomes legal, �alid and enfor�eable. If the affending pro�ision cannot be so modified, it shai!
<br /> be considered deleted from this ❑eed of Trust. Unless other►rvise required by law, the illegality, tn�afidity, or
<br /> unenfar��abiRity o� any p�Q�ision of this Deed flf T�ust shall not affect the �egaffty, �alidity ar enforceability of any
<br /> Qther pro�isi�n�f this Deed of Trust.
<br /> Successors and Assigns. Subje�t to any limitations stated in this Deed of Trust ❑n transfer of Trustor's interest,
<br /> this ❑eed of Trust shall be �inding upon and inure to the bene#it ofi the parties, their success�rs and assigns. I�
<br /> ownership of the Property becomes �ested in a pers�n other than Trustor, Lender, without notice t❑ Trustvr, may
<br /> deal with Trustor's successors with reference to this Deed af Trust and the Indehtedness by way of forbearance or
<br /> extension withaut releasing Trustar from the obligatians of this Deed vf Trust or liability under the lndebt�dneSs.
<br /> Time is of the Essence. Time is of tl�e essence ir�the performance af this Deed o�Trust.
<br /> WaiWe Jury. All parties tv th�s Deed of Trust hereby waive the right ta any jury trial in any action, proceeding, or
<br /> �ounterclaim brought hy any party against any v#her party.
<br /> Wai�er o� Homestead Exemption. Trusto�' hereby reteases and wai�es all rights and benefits of the hamestead
<br /> ex�mptian �aws�f the 5tate of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br /> DEFINITIQNS. Th� foflowing capitaliz�d v►r�rds and terms shafl ha�e the fiall�►rving meanings when used in this Deed af
<br /> Trust. Unless specifically stated to the Gontrary, all references to da��ar amounts shall mean amounts in lawful money
<br /> �f the United States ofi America. Words and terms used in the singular shall includ� the,plural, and the plural shall
<br /> include the s�ngu�ar, as the context may require. Vllords and terms not otherwise defined �in this Deed of Trust shall
<br /> ha�e th� meanings attributed t�such�erms in the Uniform Commercial Code:
<br /> Beneficiary. The ward "Beneficiary" means Equitable gank, and its successars and assigns.
<br /> Bvrrower. The wvrd "Borrower" means SC�TT M PARKER and KATHLEEN R PARKER and includes all co-signers
<br /> and ca-makers signing the N�te and al�their successors and assigns.
<br /> L�eed of Trust. The wards "Deed of Trust" mean tf�is [3eed of �rust among Trustor, Lender, and Trustee, and
<br /> includes without limita�ion all assignment and s��urity interes# pro�isians relating #v the Personal Property and
<br /> Rents.
<br /> Default. The word "Default" means the Default set forth in this ❑eed vf Trust in the s�ction�itled "�efault".
<br /> En�ironmental Laws. The words "En�irvnmental Laws" mean any and al� state, federal and local statutes,
<br /> regulat�ons and ordinances re�ating to the prvtection �f human health or the en�ironm�nt, inc�uding without
<br /> limitatian the Comprehensi�e En�ironmental Response, Campensation, and Liability Act af 1980, as amended, 4�
<br /> U.S.C. 5ection 36a1, et seq. �"CER�LA"y, the 5uperfund Amendments and Reauthorizati�n Act of 1986, Pub. L.
<br /> No. 99-499 �"SARA"�, the Hazardous Materials Transpartat�on Act, 49 U.S.�. Section 18Q1, et seq., the Resvurce
<br /> . Conser�atian and Reco�ery Act, 42 L1.5.C. Section 69�1, et s�q., �r other applicable state or federal laws, rules,
<br /> or regulations adopted pursuant thereto.
<br /> E�ent vf Default. The w�rds "E�ent of Qefault" mean any of the e�ents ❑f default set forth in this Deed ❑f Trust in
<br /> th�e�ents of default sectivn of this Deed of Trust.
<br /> Existing Indebtedness. The words "Existing Indebtedness"' mean the ind�btedness describ�d in the Existing Liens �
<br /> prv�isi�n of this �]eed of Trust.
<br /> Guaranty, The word "'Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party�o
<br /> Lender, including without limitation a guaranty of all ar part of the Note.
<br /> Hazardous 5ubstan�es. The .words "Hazardvus 5ubstan�ss" mean materials that, because o� their quantity,
<br /> concentrati�n �r physical, chemi�a[ or infectivus characteristics, may cause or pose a present or pvtential haza�d
<br /> to human health or the en�ir�nment when improperly us�d, tr�ated, stored, dispased ❑f, generated, manu#actured,
<br /> transp�rted vr otherwise handled. Th� words '"Hazardvus Substances" are used in their �ery brvadest sense and
<br /> include without limitatian any and all hazardous vr toxic substances, materials or waste as de�ined by or listed
<br /> under the En�ironmenta! Laws. The term "Hazardous Substances" alsv includes, withvut limitation, petroleum and
<br /> petrvleum by-produ�ts or any fracti�n thereof and asbestos.
<br /> Impro�err►ents. The word "Impra�ements" means all existing and future improvements, buildings, structures,
<br /> mobile homes affixed on the Real P�operty, facilities, additions, replacemen#s and ather constru�ti�n on th� Real
<br /> Property.
<br /> Indehtedness. The word "'Indebtedness" means all principal, interest, and other amvunts, costs and expens�s
<br /> payahle under the No#e or Related DoGuments, tog�ther with all renewals of, extensivns ofi, modifications of,
<br /> consalidations of and sut�stitutions for the hlote or Related Documents and any amaunts expended or ad�anced by
<br /> Lender t� discharge Trustor's abligati�ns or expenses incurred by Trustee or Lender �o enfarce Trustor's
<br /> ob�igations under this Deed of Trust, toge�her with interest on such amounts as pro�ided in this ❑eed of Trust.
<br /> 5p�cificaliy, without limitation, lndebtedness includes the future ad�ances set forth in the Future Ad�anCes
<br /> pr�visfon, tagether with all interes� ther�on and all amounts that may be indirectly secured �y the
<br /> Cross-Coflateralization pr��isFon of this Deed of Trust.
<br /> Lender. The word "Lender" means Equitable Bank, its successors and assigns.
<br /> Note. The wvrd "Note" means the pramissory note dated May 15, 2D 15, in the arig�na� principa� amount
<br /> of $75.897.D� fr�m Trustor t� Lender, together with all renewals of, extensians of, modifications of,
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