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<br />loan No: 807157
<br />
<br />DEED OF TRUST
<br />(Continued)
<br />
<br />200700079
<br />
<br />Page 6
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<br />Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor's interest, this Deed of Trust
<br />shall be binding upon and inure to the benefit of the parties. their successors and assigns. If ownership of the Property becomes
<br />vested in a person other than Trustor. Lender, without notice to Trustor. may deal with Trustor's successors with rererence to this
<br />Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Trustor from the obligations of this Deed of
<br />Trust or liability under the Indebtedness.
<br />
<br />Time is of the Essence. Time is of the essence in the performance of this 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 rights and benefits of the homestead exemption laws or the
<br />State of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br />
<br />DEFINITIONS. The following words shall have the rollowing meanings when used in this Deed of Trust:
<br />
<br />Beneficiary. The word "Beneficiary" means Equitable Bank. and its successors and assigns.
<br />
<br />Borrower. The word "Borrower" means Michael J Milbouro and includes all co-signers and co makers signing the Note and all their
<br />successors and assigns.
<br />
<br />Deed of Trust. The 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 Property and Rents"
<br />
<br />Environmental laws. The words "Environmentall.aws" mean any and all state, federal and local statutes, mgulfltions and orrlinances
<br />relating to the protection of human health or the environment. including without limitation tho Comprehensive Environmental
<br />Response, Compensation, and Liability Act of 1980, as amenderl, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund
<br />Amendments and Reauthorization Act of 1986, Pub. t. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C.
<br />Section 1801, et seq., tho Resource Conservation and Flecovery Act, 42 U.S.c. Section 6901, et soq., or other applicable state or
<br />federal laws, rules, or regulations adopted pursuant thereto.
<br />
<br />Event of Default. The worrls "Event of Default" mean any of the events of rlefault set forth in this Deed of Trust in the events of
<br />default section of this Deerl of Trust.
<br />
<br />Existing Indebtedness. The words "Existing Inrlebterlness" mean the indebtedness described in the Existing Liens provision of this
<br />Deed of Trust.
<br />
<br />Guaranty. The word "Guaranty" means the gunranty from guarantor, endorser, surety, or accommodation party to Lender, including
<br />without limitation a guaranty of all or part of the Note.
<br />
<br />Hazardous Substances. The words "Hazardous Substances" Illean materials that. because of their quantity, concentration or
<br />physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment.
<br />wilen improperly userl, treaterl. storerl, disposed of, generated, manufactured, transported or ot.herwise hanrllerl. The words
<br />"Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazarrlous or toxic
<br />substances, materials or waste as defined by or listed under the Environmental Laws. The tmm "Hazardous Substances" also
<br />includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos.
<br />
<br />Improvements. The word "Improvements" means all existing and future improvements, buildings. structures, mobile homes affixed on
<br />the Real Property, facilities, additions, replacements and other construction on the Real Property.
<br />
<br />Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note
<br />or Related Documents, together with all renewals of, extensions of, modifications of, consolirlations of and substitutions for the Note
<br />or Related Documents and any amounts expended or advanced by Lenrler to discharge Trustor's obligations or expenses incurrerl by
<br />Trustee or Lender to enforce Trustor's obligations under this Deed of Trust. together with interest on such amounts as providerl in this
<br />Deed of Trust.
<br />
<br />lender. The word "Lender" means Equitable Bank, its successors and assigns. The words "successors or assigns" mean :my person
<br />or company that acquires any interest in the Note.
<br />
<br />Note. The worrl "Note" Illeans the promissory note dated December 22. 2006, in the original principal amount of
<br />$18.248.56 from Trustor to Lender, together with all renewals of, l'!xtensions of, modifications of. refinnncings of, consolidations
<br />of, and substitutions for the promissory note or agrel'!ml'!nl.. Thl'! maturity rlate of this Deed of Trust is December 20, 2009.
<br />
<br />Personal Property. The words "Personal Property" mean nil equipment. fixtures, and other articles of personal property now or
<br />hereafter owned by Trustor, and now or herl'!after attacherl or affixnd to the Real Property; together with all accessions, part!';. and
<br />additions to, all replacements of, and all substitutions for. any of such property; anrl togetller with "II proceeds (inclurling without
<br />limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property.
<br />
<br />Property. The worrl n Property" means collectively the Real Property anrl the Personal Propert.y.
<br />
<br />Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Deed of Trust.
<br />
<br />Related Documents. The words" Related Documents" mean "II promissory notes, credit. agreements, loan agreements, environmental
<br />agreements, guaranties, security agreements, mortgages, deeds of trust, security rleeds, collateral mortgages, and all other
<br />instruments, agreements and documents, whether now or hereafter existing. executed in connection with tile Inrlebtedness.
<br />
<br />Rents. The word "Rents" means all present and fut.ure mnts, revenues, income, issues, royalties, profits, and other benefits derived
<br />from the Property.
<br />
<br />Trustee. The word "Trustee" means Equitable Bank (Granrl Island Region), whose adrlress is 113-115 N Locust St; PO Box 160.
<br />Granrllsland, NE 68802-0160 and any substitute or successor trustees.
<br />
<br />Trustor. The word "Trustor" means Michael J Milbourn.
<br />
<br />TRUSTOR ACKNOWLEDGES HAVING READ All THE PROVISIONS OF THIS DEED OF TRUST, AND TRUSTOR AGREES TO ITS TERMS.
<br />
<br />TRUSTOR:
<br />
<br />
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