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201004339 DEED OF TRUST Loan No: 810019 (Continued) Page 6 required and In all cases such consent may be granted or wlMhold In the solo discretion of lender. Srwnlbo ty. If a court of competent Jwlsdkftn finds sty provision of this Deed of Trust to be Illegal. invalid, or unenforceable as to any person or circumstance, that finding shag not make the offending provision illegal. invalid, or unenforceable as to any other person or circumstance. If feasible, the offend" provision shall be considered modified so that It becomes legal, valid and enforceable. If the offending provision cannot be so modified, It shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the illegally. invalidity. or unenforesability of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of any other provision of this Deed of Trust. Successors and Assigns. Subject to any limitations stated In this Dead of Trust on transfer of Trusters interest, this Dead of Trust shag be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested In a person other than Truster, Lender, without notice to Truster, may deal with Trusters successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Truster from the obligations of this Deed of Trust or liability under the Ids. Time in of the Essence. Time Is of the essenos in the performance of this Deed of Trust. Waive Jury. AN parties to this Dead of Trust heraby walve the right to any Jury Vhf In any action, proceeding, or eounarcklm brought by any party sgainst any other party. dgaiver of Homestead Exemption. Truster hereby releases and waives all rights and benafls of the homestead exemption laws of the State of Nebraska as to all Indebtedness secured by this Deed of Trust. DEFINITIONS. The following capitalized words and terms shag have the following meanings when used In this Deed of Trust, Unless specifically stated to the contrary, all references to dollar amounts shop mean amounts in lawful money of the United States of America. Words and terms used in the singular shag include the plural, and the plural shag Include the singular, as the context may require, Words and terms not otherwise defined in this Deed of Trust shag have the mean" attributed to such terms in the Uniform Commercial Code: Beneficiary. The word 'BenefidW means Equitable Bank, and its successors and assigns. Borrower. The word 'Borrower' means Daniel J. Thayer and Lisa R. Thayer and Includes an oo- signers and co -makers signing the Now and all there successors and assigns. Dead of Trust The words "Deed of Trust" moan ihle Dead of Trust among Truster. Lender, and Trustee, and rhdudes without limitation all assignment and security interest provisions relating to the Personal Property and Banta. Default The word "Default" means the Default set forth In this Deed of Trust in the section titled "Default". Envronnwmtal Laws. The words 'Environmental Laws" moan any and all state, federal and kcal statutes, regulations and ordinances relating to the protection of human health or the environment, Including without Ilrntiation the Comprehensive Environmental Response, Compensation, and Liability Act of 1900, as amended, 42 U.S.C. Section 9601, at seq. ("CERCLW), the Supefund Amendments and Reauthorization Act of 19110. Pub. L. No. W499 ('SARA"), the Hazardous Materials Transportation Act. 49 U.S.C. Section 1801, at seq., the Resource Conservation and Recovery Act, 42 U.S,C. Section 6901, at seq., or other applicable state or federal laws. rules, or regulations adopted pursuant thereto. Evart 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 default section of dls Deed of Trust. Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, Including without limitation a guaranty of all or pert of the Note. Hazardous Substances. The words 'Hazardous Substances" mean materials that, because OF their quantity, concentration or physical, chemical or Infectious characteristics, may =as or pose a present or potential hazard to human health or the environment when Improperly used, boated. stored, disposed of, generated, manufachxed, transported of otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and Include without Iindtaifon any and all hazardous or toxic substances, materials or waste as dePohed by or tiered under the Environmental Laws. The term "Hazardous Substances' also Includes, without drMtadon, parolourn and petroleum by- products or any fraction thereof and asbestos. Improvements. The word "Improvemente means all existing and future Improvements. buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Propery- IndabWness, The word 'Indebtedness" means all principal, Interest. and other amounts, costs and expanses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, coneolidatkans of and substitutions for the Note or Related Documents and any amounts expended or advanced by Larder to discharge Truators obligations or expenses Incurred by Trustee or Lender to enforce TrusWrs obligations under this Deed of Trust, together with interest on such amounts as provided in this Deed of Trust. Specifically. without limitation, Indebtedness Includes the future advances set forth in the Future Advances provision, together with all Interest thereon and all amounts that may be Indirectly secured by the Cross- CAMadaralization provision of this Deed of Trust. Larder. The word "Lender' means Equitable Bank its successors and assigns. Note. The word 'Note' means the promissory note dated Jim 15. 2010, in the orlgkW pfhlCiiial amount of $49,500.00 from Truster to Lender, together with all renewals of, extanslons of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. Personal Properly. The words 'Personal Property' mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Trustor, and now or hereafter attached or affixed to the Real Property, together with all accessions, pants, and additions to, all repla.'emerms of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all Insurance proceeds and refunds of preen suns) from any sale or other disposition of the Property. Properly. The word "Property' meatus odlecmvely the Neel Property and do Personal Property. Real Property. The words 'Real PropaAy" meen the real property. interests and rights. as further described in this Deed of Trust. Related Documents. The words "Related Documente" mean all promissory notes. credit agreements, loan agreements, environmental agreements. guaranties, security agreemorft mortgages, deeds of trust, security deeds. collateral mortgages, and all other instruments, agreements and documents, whWW now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, Income, issues, royalties, profits, and other benefits derived from the Property- Trustee. The word "Trustee" means Equitable Bank (Grand Island Region), whose address is 113 -115 N Locust St; PO Box 160, Grand Island, NE 68802 -0160 and any substitute or successor trustees. Truster. The word "Truster" means Daniel J- Thayer and Lisa R. Thayer. EACH TRUSTOR ACKNGMILEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH TRUSTOR AGREES TO ITS TERMS.