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Loan No: 81015180
<br />Environm
<br />regulation
<br />limitation
<br />U.S.C. Se
<br />No. 99 -49
<br />Conservat
<br />or regulati
<br />201704340
<br />DEED OF TRUST
<br />(Continued) Page 7
<br />extension without releasing Trustor from the obligations 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 o= 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 capitalized words and terms shall have the following meanings when used in this Deed of
<br />Trust. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money
<br />of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall
<br />include the si gular, as the context may require. Words and terms not otherwise defined in this Deed of Trust shall
<br />have the meanings attributed to such terms in the Uniform Commercial Code:
<br />Beneficiar . The word "Beneficiary" means Equitable Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means GORDON O'NEILL and COLLEEN O'NEILL and includes all co- signers and
<br />co- maker- signing the Note and all their successors and assigns.
<br />Deed of rust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and
<br />includes ithout limitation all assignment and security interest provisions relating to the Personal Property and
<br />Rents.
<br />Default. he word "Default" means the Default set forth in this Deed of Trust in the section titled "Default ".
<br />tal Laws. The words "Environmental Laws" mean any and all state, federal and local statutes,
<br />and ordinances relating to the protection of human health or the environment, including without
<br />he Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42
<br />tion 9601, et seq. ( "CERCLA "), the Superfund Amendments and Reauthorization Act of 1986, Pub. L.
<br />( "SARA "), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource
<br />.n and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules,
<br />ns 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 />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 />concentrat on or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard
<br />to human ealth or the environment when improperly used, treated, stored, disposed of, generated, manufactured,
<br />transports or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and
<br />include wi hout limitation any and all hazardous or toxic substances, materials or waste as defined by or listed
<br />under the nvironmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and
<br />petroleum •y- products or any fraction thereof and asbestos.
<br />Improveme ts. The word "Improvements" means all existing and future improvements, buildings, structures,
<br />mobile ho es affixed on the Real Property, facilities, additions, replacements and other construction on the Real
<br />Property.
<br />lndebtedne . s. 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 />consolidati.ns 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 />Specifically without limitation, Indebtedness includes the future advances set forth in the Future Advances
<br />provision, ogether with all interest thereon and all amounts that may be indirectly secured by the
<br />Cross -Colla eralization provision of this Deed of Trust.
<br />Lender. Th word "Lender" means Equitable Bank, its successors and assigns.
<br />Note. The ord "Note" means the promissory note dated June 28, 2017, in the original principal amount
<br />of $80,2 - 0.00 from Trustor to Lender, together with all renewals of, extensions of, modifications of,
<br />refinancing of, consolidations of, and substitutions for the promissory note or agreement.
<br />Personal Pr perty. The words "Personal Property" mean all equipment, fixtures, and other articles of personal
<br />property no or hereafter owned by Trustor, and now or hereafter attached or affixed to the Real Property;
<br />together wi h all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such
<br />property; a d together with all proceeds (including without limitation all insurance proceeds and refunds of
<br />premiums) f om any sale or other disposition of the Property.
<br />Property. T e word "Property" means collectively the Real Property and the Personal Property.
<br />Real Propert . The words "Real Property" mean the real property, interests and rights, as further described in this
<br />Deed of Tru t.
<br />Related Documents. The words "Related Documents" mean all promissory noteer tared sail,., loan
<br />agreements, environmental agreements, guaranties, security agreements' Trortgagtsk i, ° security
<br />deeds, colla eral mortgages, and all other instruments, agreements and ocuments, whettj!°r=rbdfi ' ot.9iereafter
<br />existing, exe uted in connection with the Indebtedness. r` ° ' ``' "" 4 r'
<br />Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and
<br />other benefi - derived from the Property.
<br />Trustee. Th word "Trustee" means Equitable Bank (Grand Island Region), whose address is 113 N Locust St; PO
<br />Box 160, Gr.,nd Island, NE 68802 -0160 and any substitute or successor trustees.
<br />Trustor. Th word " Trustor" means GORDON O'NEILL and COLLEEN O'NEILL.
<br />EACH TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH
<br />TRUSTOR AGRE: TO ITS TERMS.
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