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<br />loan No: 806977
<br />
<br />DEED OF TRUST
<br />(Continued)
<br />
<br />200607780
<br />
<br />Page 6
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<br />references to Trustor sllall mean each and every Trustor, and IlII references to Borrower shall mean each and every Borrower. This
<br />means that eacll Trustor signing below is responsible for all obligations in tllis Deed of Trust.
<br />
<br />No Waiver by Lender. Trustor understands lender will not give up any of lender's rights under this Deed of Trust unless L.ender does
<br />so in writing. The fact that lender delays or omits to exercise any right will not mean tllat Lender has given up tllat right. If L.ender
<br />does agree in writing to give up one of Lender's rigllts, that does not mean Trustor will not Ilave to comrly witll tile other provisions
<br />of this Deed of Trust. Trustor also understands tllat if Lender does consent to a request, tllat does not mean that Trustor will not
<br />have to get lender's consent again if the situation Ilarpens again. Trustor further understands tllat just bncause lender consents to
<br />one or more of Trustor's requests, that does not mean lender will be re'luired to consent to any of Trustor's future requests. Trustor
<br />waives rresentment demand for payment, protest, and notice of disllonor.
<br />
<br />Severability. If a court finds that any provision of this Deed of Trust is not valid or sllould not be enforced, that fact by itselt will not
<br />mean that tile rest of this Deed of Trust will not be valid or enforced Tllerefore, (I court will enforce the rest of the provisions of this
<br />Deed of Trust even if a provision of this Deed of Trust may be found to be invalid or unenforceable.
<br />
<br />SUGcessors and Assigns. Subject to any limitations stated in tllis Deed of Trust on transfer offrustor's interest, this Deed of Trust
<br />shall be binding upon and inure to tile benefit of the parties, tllnir successors and assigns. If ownersllir of the Property becomes
<br />vested in a person otller tllan Trustor, Lender, without notice to Trustor, may deal witll Trustor's successors with reference to this
<br />Deed of Trust (lnd the Indebtedness by way of forbearance or extension without releasing Trustor from tile obligations of tllis Deed of
<br />Trust or liability under tile Indebtedness.
<br />
<br />Time is of the Essence, Time is of the essence in the performance of tllis Deed of Trust.
<br />
<br />Waive Jury. All parties to this Deed of Trust hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought
<br />by any party against any other party,
<br />
<br />Waiver of Homestead Exemption. Trustor hereby releases and waives all rigllts and bnnefits of the homestead exemrtion laws of the
<br />State of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br />
<br />DEFINITIONS. The following words shall have the following meanings whGn used in tllis Deed of Trust:
<br />
<br />Beneficiary. Tile word "Beneficiary" means Equitable Bank, and its successors and assigns.
<br />
<br />Borrower. The word "Borrower" means Dennis J Beran and includes all co-signers and co-makers signing the Note and all their
<br />successors and assigns.
<br />
<br />Deed of Trust. Tile words "Deed of Trust" mean this Deed of Trust among Trustor, lender, and Trustee, and includes without
<br />limitation all assignment and security interest provisions relating to the Personal Prorerty and Rents.
<br />
<br />Environmental Laws. The words "Environmental laws" mean any and all state, federal and local statutes, mgulations and ordinances
<br />relating to the protection of human healtll or the (JIlvironment, including witllout limiWtion tile Comrrellellsive Environmental
<br />Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERClA"), the Surerfund
<br />Amendments and Reauthorization Act of 1986, Pub. L. No. 99.499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C.
<br />Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or
<br />federal laws, rules, or regulations adopted pursuant thereto.
<br />
<br />Event of Default. The words" Event of Default" mean any of the events of default set fortll in this Deed of Trust in the events of
<br />default section of this Deed of Trust.
<br />
<br />Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in tile Existing Liens rrovision of this
<br />Deed of Trust.
<br />
<br />Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to lender, including
<br />without limitation a guaranty of all or rart of tile Note.
<br />
<br />Hazardous Substances. Tile words "Hazardous Substances" mean materials tllat, because of their quantity, concentration or
<br />physical, chemical or infectious characteristics, may cause or pose a rresent or potential hazard to human health or the environment
<br />wilen improperly used, treated, stored, disposed of, genemted, manufactured, transported or otherwise handl()(L Tile words
<br />"Hazardous Substances" are used in tlleir very broadest sense and include without limitation nny and all hllzardous or texic
<br />substanclJs, materials or wnste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also
<br />includes, witllout limitation, petroleum and petroleum by-rroducts or any fraction thereof and nsbestos.
<br />
<br />Improvements. Tile word "Imw"vements" means all existing and future improvements, buildings, structures, mobile homes affixed on
<br />tile Real Property, facilities, additions, replacements and other construction on the Real Property.
<br />
<br />Indebtedness. Tile word "Indebtedness" means all principal, interest, (lnd other amounts, costs and expenses payable under tile Note
<br />or Related Documents, togetller witll all renewals of, extensions of, modifications of, consolidations of and substitutiens for tile Note
<br />or Related Documents and any amounts expended or advanced by l.ender to discharge Trustor's obligations or nxpenses incurred by
<br />Trustee or lender to enforce Trustor's obligations under this Deed of Trust, together with interest on sucll amounts as provided in this
<br />Deed of Trust.
<br />
<br />Lender. The word "Lender" means Equitahle Bank, its successors and assigns. The words "successors or assigns" melln any person
<br />or company that acquims any interest in the Note.
<br />
<br />Note. Tile word "Note" means the promissory note dated August 24, 2006, in the original principal amount of $6,105.50
<br />from Borrower to Lender, togelller with all renewals ot, extensions of, modifications of, refinancings of, conselidations of, and
<br />substitutions for the promissory note or agreement. The maturity date of this Deed of Trust is August 24, 2009.
<br />
<br />Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of rersonal property now or
<br />Ilereafter owned by Trustor, and now or Ilereafter attached or affixed to tile Real Property; togerller with all accessions, parts, and
<br />additions to, all replacements of, and all substitutions for, any of sucll property; and togetller with all proceeds (including without
<br />limitation all insurance rroceeds and refunds of premiums) from any sale or other disposition of the Property,
<br />
<br />Property. The word" Property" means collectively the Real Prorerty and the Personal Prorerty.
<br />
<br />Real Property. The words "Real Prorerty" mean the real property, interests and rights, as furtller described in this Deed of TrlJ~t.
<br />
<br />Related Documents. The word~ "Related Documents" mean all prorni~sory notes, credit aweernents, loan agreoments, environmental
<br />agreements, guarnnties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other
<br />instruments, agreements and documents, whetller now or Ilnreafter existing, executed in connection with tile Indehtedness.
<br />
<br />Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and otller benefits derived
<br />from the Property.
<br />
<br />Trustee. The word "Trustee" means Equitable Bank (Grand Island Region), whose address is 113-115 N Locust St; PO Box 160,
<br />Grand Island, NE 68802-0160 and any substitute or successor trustees.
<br />
<br />Trustor. Tile word "Trustor" means Dennis J Beran and Lois l Bemn.
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