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<br />Loan No: 807160
<br />
<br />DEED OF TRUST
<br />( Continued)
<br />
<br />200700128
<br />
<br />Page 6
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<br />Successors and Assigns. Subject to any limitations staterl in this Deed of Trust on transfer of Trustor's interest, this Deed or 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 reference 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 tho homestead exemption 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 when used in this Deerl of Trust:
<br />
<br />Beneficiary. The word "Beneficiary" means Equitable Bank, and its successors and assigns.
<br />
<br />Borrower. The word "Borrower" means IRVIN G HOPPE and MARLENE E HOPPE and includes all co. signers and co-makers signing
<br />the Note and all their successors and assigns.
<br />
<br />Deed of Trust. The words "Deed of Trust" mean this Deed or Trust among Trustor, Lender, and Trustee, And includes without
<br />limitAtion all assignment And security interest rrovisions relating to the Personal Property and Rents.
<br />
<br />Environmental Laws, The words" Environmental Laws" mean any anrl all state, forloral and local statutes, regulations and ordinances
<br />relating to the protection of human health or the onvironmont, including without limitation the Comprehensive Environmental
<br />Response, Compensation, anrl Liability Act of 1980, as amenrlod, 42 U.S.C. Section 9601, et seq. ("CERCLA "), the Superfund
<br />Amenrlments anrl Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materiflls 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 derault set forth 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 indebterlness described in the Existing Liens provision of this
<br />Deed of Trust.
<br />
<br />Guaranty. The word "Guaranty" means the guaranty from guamntor, 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" mean 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 />when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words
<br />"Hazardous Substances" are used in their very broarlest sense anrl include without limitation any and all hazardous or toxic
<br />substances, materials or waste as defined by or listerl unrler the Environmental Laws. The term "Ha1ardous Substflnces" also
<br />includes, without limitation, petroleum and petroleum byprorlucts or any fraction thereof and asbestos.
<br />
<br />Improvements. The word "Improvements" means all existing and future improvements, builcJings, structures, ,nobile homes affixed on
<br />the Real Property, facilities, arlditions, replacements and other construction on the Real Property.
<br />
<br />Indebtedness. The worrl "Indebtedness" means all princiral, intmest, and other amounts, costs and expenses payable under the Note
<br />or RelAted Documents, together with all renewals of, extensions of, modifications of, consolidations of anrl substitutions for the Note
<br />or Related Documents and any amounts expended or advanced by Lender to discharge TruSlOr's ohligations or expenses incurred by
<br />Trustee or Lender to enforce Trustor's obligations under this Deerl of Trust, together with interest on such amounts liS provided 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 any person
<br />or company that acquires any interest in the Note.
<br />
<br />Note. The word "Note" means the promissory note dated December 28, 2006, in the original princip<ll amount of
<br />$32.449.81 from Trustor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations
<br />of, anrl substitutions for the promissory note or agreement. Tho maturity date of this Deed of Trust is December 28, 2021.
<br />
<br />Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or
<br />hereafter ownerl by Trustor, and now or hereafter attached or affixed to the Refll Property; together with all accessions, pflrts, and
<br />additions to, all replacements of, anrl all substitutions for, any of such property; and together with all proceeds (including without
<br />limitation all insurance proceeds anrl refunds of premiums) from any sale or other disposition or the Property.
<br />
<br />Property. The word "Property" means collectively the Real Property and the Personal Property.
<br />
<br />Real Property. The words" Real Property" mean the real property, interests and rights, as further described in this Deerl of Trust.
<br />
<br />Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental
<br />agreements, guaranties, security agreements, mortgages, deerls 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.
<br />
<br />Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived
<br />from the Property.
<br />
<br />Trustee. The word "Trustee" means Equitable Bank (Grand Islanrl Region), whose address is 113-115 N Locust St; PO Box 160,
<br />Grand Islonrl, NE 68802-0160 and any substitute or successor trustees.
<br />
<br />Trustor. The word "Trustor" means IRVIN G HOPPE and MARLENE E HOPPE.
<br />
<br />EACH TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH TRUSTOR AGREES TO
<br />ITS TERMS.
<br />
<br />TRUSTOR:
<br />
<br />x r:~ ~~.,)~
<br />IRVIN G HOPPE (
<br />
<br />x /JllI1A~a t;-~---_.
<br />MARLENE HOPPE . (/;;/
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