|
Loan No: $1QQ$4
<br />DEED O� TRUST
<br />(cont��,uea) 2 010 0 8 0 G,�9 �ag� �
<br />enforceability of any other provision oi this Deed of Trust.
<br />Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer vf 7rustor's interest, this Deed of Trust
<br />shall be binding upon and inure ta 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 />Deed of Trust and the Indebtednass by way of forbearance or axtension 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 tha performance of this I]eed af Trust.
<br />Waive Jury. All parties ta this Deed of Trust hereby weive the right to any jury trial in any action, proceeding, or counterclaim brnught
<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 mpney of the United States of America.
<br />Words and terms used in the singular shall include the plurel, and the plural shall include ths singuler, 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 Cammsrcial Coda:
<br />Beneficiary. The word "Beneficiary" means Equitable Bank, and its successors and assigns.
<br />Barrower. The word "Borrower" means ROBERT D RI�bY and KRISTIN M RIEDY and includes all co-signers and co-makers signing
<br />the Note and ail their successors and assigns. �
<br />Deed of Trust. ?he words "Deed of Trust" mean this peed of Trust among Trustor, Lender, and Trustee, and includes without
<br />limitetion all assignment and security interest provisions relating to the Personal Property and Rents.
<br />Default. Tha word "Default" means the befault set forth in this Deed of Trust in the section titled "Default".
<br />�nvironmentsl Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances
<br />relating to the protectian of human health or the environment, including without limitation the Comprehensive Environmental
<br />Response, Compensation, and Liability Act vf 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"), the Hazardous Materials Transportation Act, 49 U.S.G.
<br />Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. 5ection 6901, et seq., or other applicable state or
<br />federal laws, rul�s, or regulations adopted pursuant thereto.
<br />Event of Default. 7he words "Event of Default" mean any pf the events of default set forth in this Deed of Trust in the events of
<br />default section of this baad of Trust.
<br />Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, ar accommodation party to Lender, including
<br />without limitation a guaranty af all or part of the Note.
<br />Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentratian 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 braadest sense and include without limitation any and all hazardous or taxic
<br />substances, materiels or waste as defined by or listed under the Environmental Laws. The term "Hazardous 5ubstances" also
<br />includes, without limitation, petroleum end petroleum by-products or any fraction thereof end asbestos.
<br />Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixsd on
<br />the Real Property, facilities, additions, replacements and other construc#ion on the Real Property.
<br />Indehtedness. 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, consalidations of and substitutions for the Note
<br />or Related Documants and any amounts expended or advanced by Lender to disaharge Trustor's obligations or expenses incurred by
<br />Trustee or Lendar to enforce Trustor's obligations under this Deed of Trust, tagether 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.
<br />Note. The word "Note" means the promissory note dated October 29, 2010, Ifl thE Origirtal principal 81nOUnt Of
<br />$47,000.00 from Trustor ta Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations
<br />of, and substitutions for the prnmissory note or agreement. The maturity date of this Deed of Trust is May 1, 201 1.
<br />Personal Praperty. The words "Personal Prvperty" mean all equipment, fixtures, and nther articles af personal property now or
<br />hereaftar owned by Trustor, and now or hereafter attacY�ed or affixed to the Real Property; together with all accessions, perts, and
<br />additions to, all replacaments of, and all substitutions for, any of such property; and together with all proceeds (including without
<br />limitatipn all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property.
<br />Property. The word "Property" means colleatively the Real Property and the Personal Property.
<br />Real Property. The words "Real Property" mean the real proparty, 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, ravenues, income, issues, royalties, profits, and other benefits darived
<br />from the Proparty.
<br />Trustee. The word "Trustee" mesns Equitable 8ank (Grand Island Region►, whose address is 113-115 N Locust St; PO Box 160,
<br />Grand Island, NE 6$802-0160 and any substitute or successor trustees.
<br />Trustor. The word "7rustor" means ROBERT D RIEDY and KRISTIN M RIEDY.
<br />EACH TRUSTOR l�CKNOWLEDGES HAVING READ ALL TH� PROVI510NS OF THIS DEED OF TRUST, AND EACH TRUSTOFi AGREES TO
<br />IT5 TERMS.
<br />� , � �� w, , , �� �4
<br />� •
<br />
|