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D~~D OF TRUST 2 0 0 9 0 5$ 5 9
<br />loan No: 807825 (Continued) Page 6
<br />Deed of l rust even if a provision of this Deed of TYust stay be found to be invalid or unenforceable.
<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 artd inure to the benefit of the parties, their successors and assiyns. If ownership of the Property becomes
<br />vested in a person outer Iftan Trustor, hertder, without notice to 'Crustor, may deal with Trustor's successors with reference to this
<br />Deed of 1 rust and the Indebtedness by way of forbearance yr extension without releasing Trustor from the obligations of this Deed of
<br />`T'n.tst or liability under the Irdebtedness.
<br />Time is of the Essence. Time is of itte 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 cauntarclairn brought
<br />by any party against any other party.
<br />Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the harnestead exemption laws of the
<br />State of Nebraska as to all Indebtedness.ser,~s.d.iay this. Daerl~f TYust.
<br />DEFINITIONS. The following words shall have the fallowing meanings when used in this Deed of Trust;
<br />Beneficiary. The word "Beneficiary"' means Equitable Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means EDDIE D DIMMITT and KATfiL.EEN J DIMMITT and includes all co-signers and co-makers
<br />signing the Note and all their successors and assigns.
<br />Peed of Trust. The words "Deed of Trust" mean this Deed of l rust among Truster, Lender, and -I rtrstee, and includes without
<br />limitation all assignment and security interest provisions relating to Che Personal Property and Rents.
<br />Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances
<br />relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental
<br />Response, Comrtensation, and Liability Act of 1980, as amended, 42 U.S.C. Ser,tion 9601, et seq. ("CERCLA"l, the 5uperfurtd
<br />Amendments and Reauthorization Art of 1986, Pub. f.. No. 99-499 ("SARA"i, the Hazardous Materials Transportation Act, 49 U.S.C.
<br />Section 1801, et seq., the ReS~urce Conservation and fiecovery Act, 42 IJ.S.C. Section 6901, 'et seq., or other applicable state or
<br />federal laws, rules, or regulations adopted pursuant. thereto.
<br />Event of pefault. 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.
<br />Existing Indebtedness. l he words "Existing Indebtedness" mean the indebtedness described in the Existing Liens provision of this
<br />Deed of Trust.
<br />Guaranty. The word "Guaranty" means the guaranty front guarantor, endorser, surety, or accontrnodatinn party la Lender, including
<br />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, concentration or
<br />physical, chemical or infectious characteristics, may cause or pose a present or potential hazard fn human health or the environment
<br />when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. 1'he wards
<br />"Hazardous Substances" era used in their vary broadest sense and inclucJe without limitation any and all hazardous nr toxic
<br />substan<':es, materials or waste as defined by or listed under the Environmental Laws. The term "t-lazardous Substances" also
<br />includes, without limitation, petroleum and petroleum by products or any fraction thereof and asbestos.
<br />Improvements. fhe ward "Irnprnvements" means all existing and furore irnprovernents, buildings, structures, mobile homes affixed ort
<br />the Real Property, facilities, additions, replacements and other construction on the Real Property.
<br />Indebtedness. -fhe word "Indehtedness" means all principal, interest, and other amounts, rusts and expenses payable under the Note
<br />or Related Documents, together with all renewals c.>f, extensions of, modifications nf, consolidations of and substitutions for the Note
<br />or Related Documents and any amounts expended or advanced by Lender to discharge Trustor's obligations or expenses incurred by
<br />Trustee or Lender to enforce Trustor's obligations under this Ueed of Trust, together with interest on such amounts as provided in this
<br />Deed of Trust.
<br />Lender. The word "t..ender" means Equitable Bank, its successors and assigns. l fre words "successors nr assigns" rYraan any person
<br />or rvmpany that acquires any interest in the Note.
<br />Note.. The word "Nate" means the promissory note dated July 10, 2009, its the original principal amount of $39,000.gp
<br />from Trustor to Lender, together with all renewals of, extensions nf, rnodifirations ot, refinancings of, consolidations vf, and
<br />substitutions far the promissory note or agreement. -I'he maturity date of this Deed of trust is July 15, 2010.
<br />Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or
<br />hereafter owned by Trustor, and now nr hereafter attached or affixed to the Real Property; together with all accessions, parts, and
<br />additions to, all replacernertts of, and all substitutions for, any of such property; and together with all proceeds (including without
<br />limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property.
<br />Property. The word "Property" means collectively the Beal Property and the Personal Property.
<br />Real Property. The words "'Rea'l Property" mean the real property, interests and rights, as further tiesrrihed in this Deed of Trust.
<br />Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental
<br />agreernenls, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other
<br />instruments, agreements and documents, whether now or hereafter existing, exeruteci in connertinn with the Indebtedness.
<br />Rants. the word "Rents" means all present ar7d future rents, revenues, inr.ome, issues, royalties, profits, and other benefits derived
<br />from the property.
<br />Trustee. The ward "Trustee" means Equitable Banl< IGrartd Island Regionl, whose address is 113-115 N Locust St; PQ Box 160,
<br />Grand Island, NE 68802-0160 and any substitute or successor trustees.
<br />Trustor. Tha word "Trustor" means EDDIE D DIMMITT and KA CHLEEN J DIMMITT.
<br />EACH TRUSTgR ACI(NOWLEDGES HAVING READ ALL THE PRQVISIONS t]F THIS PEED OF TRUST, AND EACH TRUSTOR AGREES TO
<br />ITS TERMS.
<br />TRUSTDR:
<br />X ~ J
<br />EDDIE D DIMMI ~~
<br />I<AT LEEN J DIMMIT
<br />` , -'r Ly
<br />
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