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<br />Loan No: 807159
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<br />DEED OF TRUST
<br />( Continued)
<br />
<br />200700125
<br />
<br />Page 6
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<br />Deed of Trust even if a provision of this Deed of Trust may be found to be invalid or unflnforceable.
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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 he hinding upon and inure to the henefit of the parties, their successors and assign!1. If ownership of the Property becomes
<br />vested in a person other than Trustor, Lender, without notiee to Trustor, may deal with Trustor's successors with reference to this
<br />Deed of Trust and the Indehtedness by way of forbearance or extension without releasing Trustor from the obligations of this Deed of
<br />Trust or liability under the Indebtedness.
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<br />Time is of the Essence. Time is of the essence in the performance of this Deed of Trust.
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<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.
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<br />Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead exemrtion laws of the
<br />State of Nehraska as to all Indebtedness secured hy this Deed of Trust.
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<br />DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust:
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<br />Beneficiary. The word" Beneficiary" mflans Equitable Bank, and its successors and assign!1.
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<br />Borrower. The word "Borrower" means THOMAS A FULTON and SHARON K FULTON and includes all co-signers and co-makers
<br />signing the Notfl and all their successors and assigns.
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<br />Deed of Trust. The words "Deed of Trust" mflan thi!1 Deed of Trust among Trustor, Lender, and Trustefl, ami ineludes without
<br />limitation all assignment and security interest provisions relating to the Personal Property and Rents.
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<br />Environmental Laws. The words "Environmental Law!1" mean any and all state, federal and loeal statutes, regulntions and ordinances
<br />relating to the proteetion of human health or the environment, including without limitation the Comprehensive Environmental
<br />Response, Compensation, and Liability Act of 1980, a!1 amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superhmd
<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 Resouree Conservation and Recovery Act. 42 U.S.C. Seetion 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 forth in this Deed of Trust in the events of
<br />default section of this Deed of Trust.
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<br />Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens provision of this
<br />Deed of Trust.
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<br />Guaranty. The word "Guaranty" means the guaranty from guarantor. endorser, S\lrety, or accommodation party to Lender, including
<br />without limitation a guaranty of all or part of the Note.
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<br />Hazardous Substances. The words "Hazardous Sub!1tances" mean materials that, because of their quantity. concentration or
<br />rhysical, chemieal or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment
<br />when improperly used, treated, stored. disrosed of, generated, manufactured, transported or otherwise handled. The words
<br />"Ilazardous Substanees" are used in their very broadest sense and includn without limitation any and all hazardous or toxic
<br />substanees, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Suhstanees" also
<br />ineludes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos.
<br />
<br />Improvements. The word "Improvements" means all existing and future imrrovements, buildings, structures, mobile homes affixed on
<br />the Real Property, facilities, additions, replacements and other eonSI.ruetion on the Real Property_
<br />
<br />Indebtedness. The word" Indebtedness" means all princiral, interest, and other amounts, costs and expenses rayable under the Note
<br />or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note
<br />or Related Documents and any amounts expended or advaneed by Lender to discharge Trustor's obligations or expenses incurred by
<br />Trustee or Lender to enforce Trustor's obligations under this Deed of Trust, together with interest on such amounts as provided in this
<br />Deed of Trust.
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<br />Lender. The word "Lender" means Equitable Bank, its successors and assigns. The words "successors or assigns" mean any person
<br />or company that acquires any interest in the Note.
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<br />Note. The word "Note" means the rromissory notn dated Decflmher 26, 2006, in the original principal amount of
<br />$10,086.50 from Trustor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations
<br />of, and substitutions for the promissory note or agreement. The maturity date of this Deed of Trust is January 1. 2010.
<br />
<br />Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of rersonal rroperty now or
<br />hereafter owned by Trustor, and now or hereafter attached or afFixed to the Real Prorerty; together with all accessions, parts, and
<br />additions to, all replacements of, and all substitutions for, any of such rroperty; and together with all praeeeds (including without
<br />limitation all insurance proceeds 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 Property.
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<br />Real Property. The words "Real Prorerty" mean the real property, interests and rights, as further described in this Deed of Trust.
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<br />Related Documents. The words "Related Documents" mean all promissory notes. credit agreements, loan agreements, environmental
<br />agreements, guaranties, seeurity agreements, mortgagns, dneds of trust. security deeds, collateral mortgages, and all other
<br />instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness.
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<br />Rents. The word" Rents" means all present and future rents, revenues, ineome. issues, royalties, profits, and other benefits derived
<br />from the Property.
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<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.
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<br />Trustor. The word "Trustor" means THOMAS A FULTON and SHARON K FULTON_
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<br />EACH TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH TRUSTOR AGREES TO
<br />ITS TERMS.
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<br />~A'~
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<br />-THOMAS A FUL TO III
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<br />x fl.L~~~;tr,.,--&Ld~zjJ
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<br />____'<SHARON K FULTON
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