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L�an No: 810088
<br />DEED OF TRUST 2 � i � � 8 41 I
<br />(Continued)
<br />Page 6
<br />writing and signed by Lender. No delay or omission on the part of Lender in exeroising any right shall operate as a waiver of such
<br />right or any other right. A waivar by Lender of a provision of this Deed of 1"rust 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 ❑eed of Trust. No prior waiver by
<br />Lander, nor any course of dealing between Lender and Trustor, shall constitute a waiver of any vf 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 withhald in the sole discretion of Lender.
<br />Severe6ility. If a court of competent jurisdiction finds any provision of this I]eed of Trust to be illegal, invalid, nr unenforceable as to �
<br />any person or circumstence, that finding shall not make the offending provisivn 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 �nforceable. If
<br />the offending provision cannot be so modified, it shall 6e considered deleted from this beed of Trust. Unless otherwise required by
<br />law, the illegality, invalidity, nr 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 ❑eed of 7rust on transfer of 7rustnr's interest, this beed of Trust
<br />shall be binding upon and inure to the benafit of the parties, their successors and assigns. If ownership of the Property becomes
<br />vested in a person other than Trustor, Lender, without natice to Trustor, may deal with Trustor's successors with reference to this
<br />Deed 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 Essenca. Time is of the essence in tha performance af this �eed of 7rust.
<br />Waive Jury. All perties to this Deed of Trust hereby waive tha right to any jury trial in any action, proceeding, or counterclaim brought
<br />by any party against any other party.
<br />Waiver vf Hvmestead Exemption. Trustor hareby 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 capitaliaed words and terms shall have the following meanings when used in #his Deed of Trust. Unless
<br />specifically statad 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 inplude the plural, and the plural shall include the singular, as ths context may require. Words
<br />and terms npt otherwise defined in this Deed of Trust shall have the meanings attributed tn 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 bANNY KUNZE and SUSAN M KUNZE and includes all co-signers and co-makers signing the
<br />Note and all their successors and assigns.
<br />Deed af Trust. The wards "Deed of 7rust" mean this Deed of Trust among Trustor, Lender, and Trustee, and includes without
<br />limitation all assignmsnt and securi#y interest provisions relating to the Personal Property and Fients.
<br />Default. The word "Default" means the Default set torth in this beed of Trust in the section titled "Default".
<br />Environmental Laws. The words "Environmantal Laws" mean any and all state, federal and local stetutes, regulations and ordinances
<br />relating to the protection nt 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 9601, et seq. ("CERCLA"►, the Superfund
<br />Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"1, the Hazardous Materials 1'ransportation Act, 49 U.S.C.
<br />Section 1801, at seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section fi901, et seq., or other applicable state or
<br />federal faws, rules, or regulations adopted pursuant thereto,
<br />Event of Default. The words "Event nf Default" mean any of the events of default set torth in this Deed of Trust in the events nf
<br />default section of this Deed of Trust.
<br />Guaranty. The word "Guaranty" means the gusranty from guarantor, endorser, surety, or accommodation party tn 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 cheracteristics, 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 handlsd. The words
<br />"Mazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic
<br />substenpes, materials or waste as defined by or listed under the Enviranmental Laws. The term "Hazardous Substances" also
<br />includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos.
<br />Improvements. The wnrd "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on
<br />the Real Property, facilities, additions, replacements and other cvnstruction 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 Documen#s, together with all renewals of, extensions of, modifications af, consalidations 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 enfarce Trustor's obligations under this Deed of Trust, tngether with interest on such amounts as provided in this
<br />bsed of Truat. 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 therean.
<br />Lander. The word "l.ender" means Equitable Bank, its successors and assigns.
<br />Nate. The word "Note" means the pramissory note dated Novem6er 4, 201 �, in the origlnal prinCipal amount of
<br />5150 ,000.00 from Trustor to Lender, tagether with all renewals of, extensions of, modifications of, refinancings of, consolidations
<br />of, end substitutions far the promissory note or agreement.
<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, sll replacements of, and all substitutions fvr, 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 "I'roperty" means callectively the Real Property and the Personsl Property.
<br />Real Praparty. 7he words "Real Property" mean the real property, interests end rights, as further described in this Deed of Trust.
<br />Related Documents. The wards "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental
<br />agreements, guaranties, security agreements, mortgages, dseds 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 />Rsnts. 7he word "Rents" means all present and future rents, revenues, income, issuas, royalties, profits, and other benefits derived
<br />from the Prnperty.
<br />7ruatee. The word "Trustee" means Equitable Bank (Grand Island Region), whose address is 113-115 N Locust St; PQ Box 160,
<br />Grand Island, NE 68802-0160 and any substitute ar successor trustees.
<br />Trustar. The word "Trustor" means DANNY KUNZE and SUSAN M KUNZE.
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