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f.?�F� (aF TFit��l° <br />Loan No: 808404 ((;t)Ctfi�rZ��ec�) 2 011019 2 9 Page 6 <br />Deed of Trust even if a provision of this Ueed of Trust may be iound to be invalid vr unenfvrceable. <br />Successors and Assigns. Subject to any limitations stated in this De?cJ of Trust on transfer of Trustor's interest, this peed oi Trust <br />shall be binding upon and inure to the beriefit of the parties, their, sucr,essois and assigns. If ownership of the Properry becomes <br />vested in a person otiier than 7rustor, !_endr:r, withoiaY notica to Trustor, may deaf with �rustor's successors wit1� referenc? to ttiis <br />Deed of Trust anc� the Inc7ebtedness by way o�F forbearance or extension witho�rt releasiny �Trusror� irorn ttie ohligations of this I�eed of <br />Trust or liability under the Indebtedness. <br />Time is of the Essence. Time is of the essence in the performance of this Deed of Trust. <br />Waive Jury. !#II parties to this Deed af Trust iiereby waiue the rigiit ta any aury trial in any action, proceeding, or counierclai�n brougk�k <br />by any �arty against any other party. <br />Waiver of Homestead Exemptioti. Trust:or hereby releases and waiue, all riyhts and henefils oi tlie hornestead exeniption laws oF the <br />State of Nebraska as to atl Indet�tedness secured by tt�is Qeed r�f'irust. <br />DEFINITIONS. The following words shaU have the following meanings when usnd in this Deed of frust: <br />Beneficiary. The word "Beneficiary" rneans Equitable Bank, and its successors and assiyns. <br />Borrower. 7he word "Etorrower" means JEFFREY N GANNON and TRACY M GANNON arid inclucles all ro-signers and co-makers <br />signing the Note and all their successors and assigns. <br />Deed of Tn�st. The wards "Deed of Trust" mean this Deeci of '1 rust among Tr+.istor, Lender, and Trustee, and inc!udes without <br />limitation all assignment and security interest provisions relaiing to the Personal Property and Rents. <br />Environmental Laws. The words "Environment��l Laws" mean ai�y and all state, federal and local statutes, regulations and ordinances <br />relating to the protection of human health or the environmenf, including without limitation the Compreherisive F_nvironniental <br />Response, Compensation, and I_iability Acl af 1980, a, amended, �F2 U.S.C. Section 96Q1, et seq. ("CFRCLJ�"), the Superfund <br />Amendments ancl Reauthoriz�tion Act of 1986, Pub. L. fJo. 39-499 ("S1f�A"f, the (iazardous MatErials Transportation Act, 49 IJ.S.C. <br />Section 1801, et seq., the Resoi�rce Conservation and Recovery Act, �12 U.S.C. Sec[ion 6901, et seq., or other applirable state or <br />tederal laws, rules, or regulations adopted pursuant ther�to. <br />Event of Default. The words "Event of DefaulY' mean any of the events of defaulc set forth in this Deed of Trust in the events of <br />default section of this Deed of Trust. <br />Existing Indebteclness, "fhe words "Existing IndebtF:dness" mean the indebtedness described in tne Existiny l.iens provision of this <br />Deed of Trust. <br />Guaranty. The word "Guarani:y" means the guaranty from guaranCor, endorser, surery, or accomn'iodatiori parly tcz I_.enrJer, inclu�ing <br />without limitation a guaranty of all or part of the Note. <br />Hazardaus Substances. The words "Fiazardous Substanc�s" rnean ma[erials that, hecause of filieir quantiiy, concentretian or <br />physical, chemical or infectious ci�aracteristics, may ca.ase or pose � present or potential hazard lo human health or the environment <br />when improperly used, treated, stored, disposed of, ,yenerated, marnrfar,tured, transported or o[herwise handled. The words <br />"Hazardous Substances" are used in their very broadest sense and include without liinitatic�n any and ail hazardous or toxic <br />substances, materi�ls or waste as defined by or listed under the Environment�al Laws. - i�he term "Hazardous Substances" also <br />includes, without limitation, petroleum �rid petroleurra by-products or any frartinn tt�ereof 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 Xhe Real Property. <br />Indebtedness. Ttie word "Inclebted��ess" means all prinr,ipal, interest, and other amounts, r,osts and experises p�yabfe under the Note <br />or Related nocuments, to,yether with all renewals of, extensions oi, moclifications oi, consolidations of and sul�sti[utions for the Note <br />or Related Documents and any amounts expended or �dvanced by I..end�r to discharye Tnastor's ol:�ligations ar ex��enses incurred by <br />TrusYee or Lender to enforce Trustor's obligations under this pe�d of l�rust, toyether with in[erest on such �imounts as ��rovided in this <br />Deed of Trust. <br />Lender. The word "Lender" means Equitable Bank, its successors and �ssigns. T'he word� "successors or assiyns" rriean any person <br />or company that acquires any interest in ttie Note. <br />Note. The wvrd "Note" means il�e promissory note dated Marcf� 4, 2011, lil t�l� OP"Ii�lflcll �ll"ftlClp�#� amaurit of $29,333.57 <br />from Trustor to Lender, together with �il renewals oF, extensions of, mociifications of, refinancings of, consolid�tions of, and <br />substitutions for the promissory nofe or agreement. The rnaturity date oi this Deed of T'rust is Marcfi 19, 201 fi. <br />Personal Property. The words "Fersonal Property" mean ali equipment, fixtures, and other articles of per,^,onal nroperty now or <br />hereafter owned by Trustor, and now or hereafter attact�ed or aFiixed to the Real Property; toyether witti a!! accessions, parts, and <br />additions Yo, all replacements oi, and all substiCutions for, any of such property; and together with all proceeds (inciuding without <br />limitation all insurance proceeds and ref�mds of premiums) frorn any sale or ott�er di s�ositio�� of the Property. <br />Property. The word "F'roperty" means collectively tl�e Real PropErty and the Personal Property. <br />Real Property. The words "Real ProperYy" m�an the real property, interesis and righ�its, as further described in this Deed of Trust. <br />Related Documents, The words "Related Documen[s" niean all promissory notes, credit agr�ernents, loan ayreernents, environmental <br />agreements, guaranties, serurity agreements, mortg�yes, dePds of trust, security dFeds, collateral i�r�ortgages, and �II other <br />instruments, ayreements and documents, whether now or hereaiCer existing, exect.ited iri connection with the Indebtedness. <br />Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, proiits, ar�d other benefits derived <br />from the Property. <br />Trustee. The word "Trustee" means Equitable F3ank (Grand Island Fie,yion), whose address is 113-115 N Locust St; PO 8ox i60, <br />Grand Island, NE 6880'L-0160 and any substitute or successor trustees. <br />Trustor. The word "Trustor" means .1E�FREY N Gl�PJNON and TR�1CY M GANNUN. <br />EACH TRUSTOR ACKfu(�WLEDGES HAViNG FtEAU �L.L THE PROVISfQfV.�'i C1F Tf�IS UEEfJ OF TiiUST, ANCJ FACFi TRl1STOR AGREES TO <br />ITS TERMS. <br />TRUSTOR: <br />