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201007934
<br />DEED OF TRUST
<br />Loan No: $0$329 (Cantinued)
<br />Page 6
<br />Severability. If a court finds that any prpvisinn of this Deed of Trust is not valid or should not be enforced, that fact by itself will not
<br />mean that the rest of this Deed of Trust will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this
<br />Deed of Trust even if a provision of this Deed of Trust may be found to be invalid or unenfarceable.
<br />Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustar's interest, this Deed of Trust
<br />shall be binding upon and inure to the benefit of the parties, their successors and assigns. If awnership vf 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 Inde6tedness 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 af the Essence. 1"ime is of the essence in the performance of this Deed of Trust.
<br />Waive Jury. All parties to this Deed of Trust hareby waiva the right to eny jury trial in any action, proceeding, or counterclaim brought
<br />by any party against any other party.
<br />Waiver of Homestead Exemption. Trustor hereby releasas 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 whan ussd in this Deed of Trust:
<br />Bene�iciary. The word "Beneficiary" means �quitable Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means SARA FILL and RICHARD FILL and includes all co-signers and co-makers signing the Note and
<br />all their successors and assigns.
<br />Daed af Trust. The words "Deed of Trust" mean this Deed of Trust amang Trustor, Lender, and Trustae, and includes without
<br />limitation ali assignment and security interest provisions relating to the Personal Property and Rents.
<br />Environmental I.aws. Tha wvrds "Environmentel Laws" mean any and all state, federal and local statutes, regulations and ordinances
<br />rslating 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, 42 U.S.C. Section 9801, et seq. ("CERCLA"►, the Superfund
<br />Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"►, the Wazardous Materials Transportation Act, 49 U.S.C.
<br />Section 1801, et seq., the Resource Conservation and Recovery Act, �l2 U.S.C. Section 6901, et seq., or nther applica6le 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 �n the events of
<br />default section af this beed of 7rust.
<br />Existing Indebtedness. The words "�xisting Indebtednsss" 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 accommpdation party to Lender, including
<br />without limitation a guaranty of all or part of the Note.
<br />Hazardous Substances. 7he 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 />whan improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words
<br />"Hazardous Substances" are used in their very braadest sense and include without limitation any and sll hazardous or toxic
<br />substances, materials or waste as defined by or listed under the Environmental Laws. The term "Wazardaus Su�stances" also
<br />includes, without limitation, petroleum and petraleum by-products or any fraction thereof and asbestos.
<br />Improvements. The word "Improuements" 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 Proper[y:
<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 dacuments and any amounts expendad or advanced by Lender to discharge 7rustor's o6ligations or expenses incurred by
<br />Trustee or Lender to enforce Trustor's obligatinns under this Deed of Trust, together with interest on such amounts as provided in this
<br />�eed of Trust.
<br />Lender. The word "Lender" means Equitable Bank, its successors and essigns. The words "successors or assigns" mean any person
<br />or company that acquires any interest in the Note.
<br />Note. The word "Note" means the promissory note dated Octvber 21, 2�10, 111 the OI'igin8l principal amount Of
<br />$15,�74.��v from Trustor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations
<br />of, and substitutions for the promissvey note or agreement. The maturity date of this Deed of Trust is October 20, 2013.
<br />Persanal Prvperty. The words "Personal Property" mean all equipment, fixtures, and o#her articles of persorial property now or
<br />hereafter owned by Trustor, and now or hereafter attached or affixed to the Real Proparty; together with all sccessions, parts, and
<br />additions to, all replacements of, and all substitutions for, any of such property; and together wlth all proceeds (including without
<br />limitation all insurance proceeds and refunds of premiums) frnm any sale or other disposition of the Property.
<br />Praperty. The word "Property" means collectively the Real Property and the Personal Property.
<br />Real Proparty. The words "Resl Property" mean the real property, interests snd rights, as further described in this Deed of Trust,
<br />Related Documents. The words "Related Dacuments" 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, agresments and documents, whether now or hereafter existing, executed in connection with the Indebtedness.
<br />Rents. The wprd "Rents" 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 Region►, whose address is 113-115 N Locust St; PO Box 160,
<br />Grand Island, NE 68$02-0760 and any substitute or successor trustees.
<br />Trustor. The word "Trustor" means RICMARD FILL and SARA FILL..
<br />EACH tFiUSTOR ACKNOWLEDGES HAVING READ ALL THE PFiQVISIONS OF THIS DEED OF TRUST, AND EACH TRUSTOR AGREES TO
<br />ITS tERMS.
<br />TRUSTOR:
<br />X
<br />RICH R L
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<br />X
<br />A FI L
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