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<br /> DEED OF TRUST 201005344 page ~
<br /> Loan No: 810041 (Continued)
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<br /> Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and, to the extent not preempted by federal
<br /> law, the laws of the State of Nebraska without regard to its conflicts of law provisions. This Deed of Trust has boon accepted by
<br /> Lender In the State of Nebraska.
<br /> Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the courts of Hall County,
<br /> State of Nebraska.
<br /> Joint and Several Liability. All obligations of Trustor under this Deed of Trust shall be joint and several, and all references to Trustor
<br /> shall mean each and every Trustor. This means that each Trustor signing below is responsible for all obligations in this Deed of Trust.
<br /> No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given in
<br /> writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such
<br /> right or any other right. A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's
<br /> right otherwise to demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by
<br /> Lender, nor any course of dealing between Lender and Trustor, shall constitute a waiver of any of Lender's rights or of any of
<br /> Trustor's obligations as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting
<br /> of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is
<br /> required and in all cases such consent may be granted or withheld in the sole discretion of Lender.
<br /> Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or unenforceable as to
<br /> any person or circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other person
<br /> or circumstance, If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If
<br /> the offending provision cannot be so modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required by
<br /> law, the illegality, invalidity, or unenforceability of any provision of this Deed of Trust shall not affect the legality, validity or
<br /> enforceability of any other provision of this Deed of Trust.
<br /> Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Ttustor's interest, this Deed 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 Trustor, may deal with Trustor's successors with reference to this
<br /> Dead 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 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 /> 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 capitalized words and terms shall have the following meanings when used in this Deed of Trust. Unless
<br /> specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America.
<br /> Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words
<br /> and terms not otherwise defined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code;
<br /> Beneficiary. The word "Beneficiary" means Equitable Bank, and its successors and assigns.
<br /> Borrower. The word "Borrower" means RODNEY M JOHNSON and PEARL A JOHNSON and includes all co-signers and co-makers
<br /> signing the Note and all their successors and assigns.
<br /> Deed of Trust. The words "Deed of Trust" mean this Deed 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 /> Default. The word "Default" means the Default set forth in this Deed of Trust in the section titled "Default".
<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, Compensation, and Liability Act of 1980, as amended, 4-2 U.S.C. Section 9601, at seq. ("CERCLA"), the Superfund
<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 sPq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at soq., or other applicable state or
<br /> federal laws, rules, or regulations adopted pursuant thereto.
<br /> Event of Default. 1-he words "Event of Default" mean any of the events of default set forth in this Dead of Trust in the events of
<br /> default section of this Deed 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 from guarantor, endorser, surety, or accommodation party to 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 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 broadest sense and include without limitation any and all hazardous or toxic
<br /> substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also
<br /> includes, without limitation, petroleum and petrolau n by-products or any fraction thereof and asbestos.
<br /> Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on
<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 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. Specifically, without limitation, Indebtedness includes the future advances set forth in the Future Advances provision
<br /> of this Deed of Trust, together with all interest thereon.
<br /> Lender. The word "Lender" means Equitable Bank, its successors and assigns.
<br /> Note. The word "Note" means the promissory note dated July 20, 2010, in the original principal amount of $15,355.25
<br /> from Trustor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and
<br /> substitutions for the promissory note or agreement. The maturity date of this Deed of Trust Is July 28, 2015.
<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 or hereafter attached or affixed to the Real Property; together with all accessions, parts, and
<br /> additions to, all replacements 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 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 Deed 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 or hereafter existing, executed in connection with the Indebtedness.
<br /> Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived
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