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DEED OF TRUST 2 0 1 ~ ~ 17 ~ S
<br />Loan No: 8p8957 (Continued) Page 6
<br />Successors and Assigns. Subject to any limitations stated in this feed of Trust on transfer of Trustor's interest, this peed 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 Truster, 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 />Time is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br />Waive Jury. All parties to this Daed of Trust hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought
<br />6y any party against any other party.
<br />Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead exemption laws of the
<br />State of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br />DEFINITIONS. The following words shall have the following meanings when used in this peed of Trust:
<br />Beneficiary. The word "Beneficiary" means Equitable Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means SCOTT J BROOKS and ERIN E BROOKS and includes all co-signers and co-makers signing the
<br />Note and all their successors and assigns.
<br />Dead of Trust. The words "Dead of Trust" mean this Daed 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 />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 yr the environment, including without limitation the Camprehsnsive Environmental
<br />Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"-, the Superfund
<br />Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"1, the Hazardous Materials Transportation Act, 48 U.S.C.
<br />Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.5.C. Section 6901, et seq., or other applicable state or
<br />federal laws, rules, or regulations adopted pursuant thereto.
<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 Desd of Trust.
<br />Existing Indebtedness. The 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 Pram guarantor, endorser, surety, or accommodation party to Lender, including
<br />without limitation a guaranty of all or part of the Nate.
<br />Ma~ardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, cvncentratian 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" ere used in their very broadest sense and include without limitation any and all hazardous ar toxic
<br />substances, materials ar waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also
<br />includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos,
<br />Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed an
<br />the Real Property, facilities, additions, replacements and other construction on the Real Property.
<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, consolidations of and substitutions for the Note
<br />or Related Documents and any amounts expended or advanced 6y Lander to discharge Trustvr's obligations ar expanses incurred by
<br />Trustee yr Lender to enforce Trustor's obligations under this Dead of Trust, together with interest on such amounts as provided in this
<br />Deed of Trust.
<br />Lender. The word "Lender" means Equitable Bank, its successors and assigns. The wards "successors or assigns" mean any person
<br />yr company that acquires any interest in the Nate.
<br />Note. The ward "Note" means the promissory Hate dated March 9, 2010, in the original principal amount of $7,735.aA
<br />from Trustor to Lender, together with all renewals of, extensions of, modifications of, refinancings af, consolidations of, and
<br />substitutions far the promissory note or agreement. The maturity date of this Deed of Trust is March 28, 2015.
<br />Personal Property. The wards "Personal Property" mean all equipment, fixtures, and other articles of personal property now ar
<br />hereafter owned by Trustor, and now or hereafter attached ar affixed to the Real Property; together with all accessions, parts, and
<br />additions to, all replacements of, and ail substitutions for, any of such property; end 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 Real Property and the Personal Property.
<br />Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Dead of Trust.
<br />Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental
<br />agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other
<br />instruments, agreements and documents, whether now ar hereafter existing, executed in connection with the Indebtedness.
<br />Rants. The word "Rants" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived
<br />from the Property.
<br />Trustee. The word "Trustee" means Equitable Bank (Grand Island Regian-, whose address is 113-115 N Locust St; PO Box 180,
<br />Grand Island, NE 88802-0180 and any substitute or successor trustees.
<br />Trustor. The word "Trustor" means SCOTT J BROOKS and ERIN E BROOKS.
<br />EACH TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THI5 DEED OF TRUST, AND EACH TRUSTOR AGREES TO
<br />IT5 TERMS.
<br />TRUSTOR:
<br />X - .z~-•.
<br />SCOTT J BR KS
<br />X
<br />E t SRO KS
<br />! ~ ,. -~ t
<br />
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