|
DEED OF TfiUST '
<br />Laan No: 80833�F (Continued) � O � O 0 p O s 7 Page 6
<br />O
<br />so in writing, The inct tha# Lender delays or omits to exerr,is� any right will not mean that l.errder has given up that right. I( Lender
<br />does agree in writing to give up one of I_ender's rights, that does not n�ean 'T'rustor will not have to cnrnply with the other prqvisinns
<br />of this Deed of Trust. Trustbr also understands that if Lander does corisenl lo a requPSt, Yh�1 clqPS not m�an that Trustor will not
<br />have to get Lender's r,on�en[ again ii th� situation happens ayeir'�. Trustor Turther und�rsfands that just because Lender consents to
<br />one or more of - frustor's requests, that does not mean Lender will be requirecl to consent to any of Trustor's future requests. Trustor
<br />waives presentment, demand for payment, protesf, and nolice of dishonor.
<br />Severa6ility. If a courf iinds that any provision nf this I)eed of TYi.is� is not valid or sliould not be enforced �r,�t r��c n itself will not
<br />mean thst the rest of this Deed of - Trust will not be valid or enforced. Therefore, a cburl will enfnrr.e the rest of ttie provisions of this
<br />Deed of Trust even if a provision of this DPed of Trust may be foun�) lo be invalid or un�nForr,eable.
<br />Successors and Assigns. Subject tn any limitations stated in this Ueed of Trust on transfer pf Trustor's interest, this beed of trust
<br />shall be binding upon and inurP to the 6enefit of the parties, their sucr,essors and assigns. If ownership of the Property becomes
<br />vested in a person other than Trustor, Lender, without notic� tn Trustor, may deal with Trustor's sur,cessors with r?ference to this
<br />I7eed of Trust t�nd the Indebtedness by way of forbearance or extension without releasiriy Trusfor horn the obligations of this Deed of
<br />Trust or liability under the Indehtednpss.
<br />Time is of the �ssence. Time is of the essence in ihe p�rformance of this f.)eed of Trust.
<br />Waive Jury. All parties to this Deed of Trust h�re6y waive tFia rigF�t ta any jury trial in any actio�i, proceeding, or caunter-olaim brought
<br />by any party against any other party.
<br />Waiver of Homestead Exemption. Trustor hereby releases and w�ives all riglifs and henefits of the homestead �xemF�livn laws oT [he
<br />State of Nebreska as to all Indebtedness secured by this Deed of Trust.
<br />�EFINITIONS. �T'he following wprds shall have the t�illowing meanings when used in this Deed of Trust:
<br />Beneficiary. The word "Beneficiary" means Equitable Bank, ar�d its successors and assigns.
<br />8orrower. l'he word "Borrower" means RICHARD J. RUSS�LL and includes all ca-signers and co-makers signing the Note and all their
<br />successors and assiyns.
<br />Deed of Trust. Tha words "Deed of Trust" me�n this 17eed c�f Trust �mong Trustvr, Lender, end Trustee, and includes without
<br />limitation all assignment and security in[erest nrovisions ralating to thie Persnn:�l Prnperty and Rents.
<br />Environmental Laws. Th� words "Environrrtental L�ws" m�:�n any and all stafe, feder�l and lor.al statutes, regulacions and ordinances
<br />relating to the pro#ection of hurnan liealth or the environment, inc;ludiriy without limitation the Corn�:�rehensive Fnvirorimen[al
<br />Response, CompPnsation, and Liat>ility Ar,t of 1980, as amended, 47 U.S.C. 5er.tion 9601, et ser.�. ("CERCLA"1, the Superfund
<br />Amendmpnts and Reauthorization F�cf of 1986, Pub. L No. 99-499 ("SARA"), the Fiazardous Materi�ls Transport�tiqn Ar.t, �9 U.S.C.
<br />Section 1801, et seq., th� Resourcc� Conservatior'i and Fiecovery Act, 42 U.S.C. Ser..tion 6901, et seq., or other a�.�plicable state br
<br />federal laws, rules, or regulations adopted pursuant thereto.
<br />Event of pefault. Th� words "Event of Default" mean any of the events of clefaulk set forth in this Ueed of ?'rust in the everyts oi
<br />default section of #his Deed of 7rust.
<br />Existing Inde6tedness. 1'he words "Existing Indebtedness" mean ihe indebtedness descrihed in lhe Existing Liens provision of this
<br />Deed of Trust.
<br />Guaranty. The word "Gusranty" means the guaranty from yuarantor, endorser, surety, or accomrnodation party to l.ender, including
<br />without limitatibn a guaranty of all or part of the Note.
<br />Hazardous Substances. The wnrds "F•iazardnus Subst�nces" rnean materials th�t, 6ecause of their quantity, concentration nr
<br />physical� chemical or iniectious char�cteristics, tn�V cause or pose a present pr potential hazard to human healtt� or the envirornY�ent
<br />when irr�properly used, treafed, stored, disposed of, generaked, rn�nufactured, �ransporced or otherwise handled. 7he words
<br />"Hazardous Su6stanc:es" are used in their very broadest sense and include wifhout limit�tion any and all hazardous or toxic
<br />substances, materials or waste as defined by or listed under the F.rivircmmental Laws. The t.err7t "H�xatclous Substances" also
<br />includes, without limitation, petroleum arid petroleum by-products or ar7y ir�ction thereof and ask�estns.
<br />Improvements. The word "Improvements" met�ns all existing 2nd ita[ure improuements, buildin,ys, strur.tur�s, mopile homes affixed on
<br />ihe Real Property, facilities, additions, replacernents and other construction on the Real Prc�perty.
<br />Indebtedness. The word "Indebtedness" rnc;ans ell principal, interest, flnd other amounts, costs �nd expenses payable under the Note
<br />or Related Docum�nts, toyether with all r�n�wals of, extensions nf, modifications of, r,qnsnlidations of and substikulions ior the Note
<br />or Related Documents and any amaunts expended nr �dvanced hy Lendar ln discharge Trustor's obliyations or expenses incurred by
<br />Trustee or Lender to enforce Trustor's obligatinris under tliis Deed [�f Trust, together with interest on such amoun#s as provided in this
<br />Deed of Trust.
<br />Lender. The word "L.ender" means Equitable E3ar7k, its sur,r,essors and assigns. The words "successors or assigns" m�an any person
<br />or company that acquires �ny interest in tha Note.
<br />Nate. The word "Nole" means the promissory nqte dated October 22, 2p1�, Ifl tklB ql'Iglt18� principal amount Of
<br />$40 ,156.OU irom Trustor to l_ender, togethpr with all fPf1P.WBI5 Df ext�nsions oT, modificatipns of, rafinancings of, consolidetions
<br />of, and substitutions for the promissory nqte pr agreement. Tl�e m:�turity date of this peecl r�f Trust is dctober 20, 2015.
<br />Personal Property. ThP words "Persbn�l Property" mean all equipment, fixtures, and ofher artir,les of personal property now or
<br />hereafter owned by Trustor, and now or hereafter attachecl or affixed to #he Real Properry; toqether with all accessions, parts, and
<br />edditions to, all r�;placements of, and all suhstikutions for, any of such property; and togc�tfier with all proceeds (including without
<br />limitation all insurance proceeds and refunds pf premiums) (rum any sale or other dispqsitipn oi the Pro�.>erty.
<br />Property. The word "Property" rneans collectivc�ly the Real F'roperty flnd the Person�l Property.
<br />Real Property. The words "Fteal Property° rnean tfie real pruperty, interests and rights as furlher descri6ed in this l)eed of Trust.
<br />Related �ocuments. The words "Retated bocuments" rnean all prbmissory notes, credit a,yreem�nts, loan a�reernents, environmental
<br />agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and All other
<br />instruments, agreements and documPnts, whether now nr hereafter existiny, executed in coi7nection with the Indebtedness.
<br />Rents. The word "Rents" means all �resent and tiaturca r�nts, fP,VP•f1UBS, ii�r,ome, issues, royall.ies, proiits, and other I�enefils derived
<br />from the Property.
<br />Trustee. Th� word "Trustee" means Equitable Bank (Grantl Islancl Region), whose address is 113-115 N I_ocust St; PO Box 160,
<br />Grand Island, NE 68802-01 BQ and any substitute or successr�r trusYees.
<br />Trustar. The word "Trustor" means RICHARD J. RUSSELL.
<br />TRUSTOR ACKNQWLEDGES HAVING REA� ALL TME PRpVISIONS OF 1'HIS DEED OF TRUST, ANP TRUSTOR AGREES TO ITS TERMS.
<br />TRUS70R:
<br />X�
<br />RICWARD J. RUSS� � ---- -
<br />, � �} � i t!► f i t�; ,�
<br />
|