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DEED OF TRUST 2 Q 1 Q Q 8� 5 � Pa
<br />Loan No: 8U8322 (Continued) ge 6
<br />Deed of Trust even if a provision of this Deed of 7rust may be found to be invalid vr unenforceable.
<br />Successors and Assigns. Subject to any limitatipns stated in this Deed of Trust on transfer of Trustor's interest, this �eed 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 persan othar than Trustor, Lender, without notice to Trustor, may deal with 7rustor'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 Essence. Time is of the essence in ths 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 sgainst any other party.
<br />Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead exemption laws af the
<br />State of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br />��FINITIONS. The following words shall have the following meanings when used in this Deed of Trust:
<br />Beneficiary. The word "Beneficiary" means �quitable Bank, and its successors and assigns.
<br />Borrower. The word "Borrawer" means �RMART J. ARNDT and PORpTHY J. ARNbT and includes all co-signers and co-makers
<br />signing the Note and all their successars and assigns: -
<br />Deed of Trust. The words "Deed of TrusY' mean this beed of Trust among Trustor, l.ender, and Trustee, and includes without
<br />limitation all assignment and sacurity interest provisions relating to the Personal Property and Rents.
<br />�nvironmantal Laws. The words "�nvironmental 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 withau# limitatian the Comprehensive Environmental
<br />Response, Compensation, and liability Act of 1980, as amended, 42 U.S.C. Section 9fi01, et seq. ("CERCLA"►, the Superfund
<br />Amendments and Reauthorizativn Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials 'Trensportation Act, 49 U.S.C.
<br />5ection 1801, et seq., the Resource Conservation and Recovery Act, �2 U.S.C. Section 6901, et seq., or other applicable 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 in the events of
<br />default section of this Deed of 7rust.
<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 fram guarantor, endorser, surety, or accommodation party to Lender, including
<br />without limitativn a guaranty of all or part of the Nvte.
<br />Hazardous Substances. The words "Hezardous 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 5ubstances" are used in their very 6roadest sense and include without limitation any and all hazardous or toxic
<br />substances, materials or waste as defined 6y or listed under the Environmental Laws. The term "Hazardous Substances" also
<br />includes, without limitation, petroleum end petroleum 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 "Indabtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note
<br />or Related Documents, togeYher with sll renewals of, extensions of, modifica#ions of, consolidations bf and substitutions fvr the Note
<br />or Ralated Documents and any amounts expended or advanced by Lender to discharge Trustor's obligations or expenses incurred 6y
<br />Trustee or Lender to enforce T'rustor's obligations under this Deed of Trust, together with in#erest on such amounts as provided in this
<br />Deed of Trust.
<br />Lender. The word °Lender" means �quitable Bank, its successors and assigns. The words "successors or assigns" mean any parson
<br />or company that acquires any interest in the Nnte.
<br />Note. The word "Note" means the promissory note dated November 12, 2010, irl the OI'Iyin81 prinCipal amoUn# pf
<br />$4 from 7rustor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of,
<br />and substitutions for the promissory nvte or egreement. The maturity date of this peed of Trust is November 15, 2020.
<br />Personal Property. 7he wnrds "Personal Prvperty" 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 eccessions, 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 af the Property.
<br />Property. The word "Property" means collectively the Real Property and the Personal Property.
<br />Real Property. The words "Real Prvperty" mean the real property, interests and rights, as further described in this Deed of Trust.
<br />Related Pacuments. 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
<br />from the Property.
<br />Trustee. The word "Trustee" means Equitable Bank (Grand Island fiegion►, whose address is 113-115 N Locust St; PO Box 16�,
<br />Grand Island, NE 68802-0160 and any substitute or successor trustees.
<br />Trustor. The word "Trustor" means ERHART J. ARNDT and bQROTHY J. ARNQT.
<br />EACH TRUSTOR ACKNQWLEDGES WAVING REAb ALL TWE PROVISIONS OF THIS DEED OF TRUST, ANp EACH TRUSTpR AGREES 70
<br />ITS TERMS.
<br />TRUSTOR:
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<br />HART J. ARNd
<br />x , ���� �z�` _
<br />DOROTHY J. ARNb
<br />, . . � , , �' � � ;
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