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201107948 <br /> DEED OF TRUST <br /> Loan No: 10000287 (Continued) Page 7 <br /> Waive Jury. All parties to this Deed of Trust hereby waive the right to any jury trial in any action,proceeding,or <br /> counterclaim brought 6y any party against any other party. <br /> Waiver of Homestead Fxemption. Trustor hereby releases and waives all rights and henefifs of the homestead <br /> exemption laws of the State of Nebraska as to all Indebtedness secured by this Deed of Trust. <br /> DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust: <br /> Beneficiary. The word"Beneficiary"means Equitable Bank,and its successors and assigns. <br /> Borrower. The word"Borrower"means SCOTT M PARKER and KATHLEEN R PARKER and includes alI co-signers <br /> and co-makers signing the Note antl all their successors and assigns. <br /> Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and <br /> includes without limitation all assignment and security interest provisions relating to the Personal Proper;y and <br /> Rents. <br /> Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, <br /> regulations and ordinances relating to the protection of human health or the environme�t, including wiThout <br /> limitation the Comprehensive EnvironmenTal Response,Compensation,and Liability Act of 1980,as amended,42 <br /> U.S.C. Section 9601,et seq.f'CERCLA"�,the Superfund Amendments and Reauthorization Act of 1986, Pu6. L. <br /> No.99-499("SARA"),the Hazardous Materials Transportation Act,49 U.S.C.Section 1801,et seq.,the��Resource <br /> Conservation and Recovery Act,42 LLS.C. Section 6901,et seq.,or other applicable state or federal laws,rules, <br /> 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 <br /> the events of default section of this Deed of Trust. <br /> Existing Indebtedness. The words"Existing Indebtedness" mean the indebtedness described in the Existing Liens <br /> pYovision of this Deed of Trust. <br /> Guarenty. The word"Guaranty" means the guaranty from guaranmr,endorser,surety,or accommodation party to <br /> Lender,including without limitation a guaranty of all or part of the Note. <br /> Hazardous Substances.. The words "Hazardous Substances" mean materials that, because of thei�r quantity,. <br /> concentration or physical;chemical or infectious charecteristics,may cause or pose a present or potential hazard <br /> to human health or the environment when improperly used,treated,stored,disposed of,generated,manufactured, <br /> transported or otherwise handled. The words"Hazardous Substances"are used in their very broadest sense and <br /> include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed <br /> under the Environmental Laws. The term"Hazardous Substances"also includes,without limitation,petroleum and <br /> petroleum by-products or any fraction thereof and asbestos. <br /> Improvements. The word "Improvements" means ail existing and future improvements, buildings, structures, <br /> mobile homes affixed on the Reai Proper[y,faciliTies,additions, replacements and other construction on the Real <br /> Property. <br /> Indebtedness. The word "lndebtedness" means alI principal, interest, and other amounts, costs and expenses <br /> payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, <br /> consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by <br /> Lender to discharge Trustor's obligations or expe�ses incurred by Trustee or Lender to enforce Trustor's <br /> obiigations under this Deed of Trust,together with interest on such amounts as provided in this Deed of Trust. <br /> Lender. The word "Lender" means Equitable Bank, its successors and assigns. The words "successors or <br /> assigns"mean any person or company that acquires any interest in the Note. <br /> Note. The word "Note" means the promissory note dated October 18, 2011, in th2 original principal <br /> amount of 525,1�8.75 from Trusto�to Lender,together with all renewals of,extensions of,modifications of, <br /> refinancings of, consolidations of, and subscitutions for the promissory note or agreement. The maturity date of <br /> this Deed of Trust is Ociober 15,2016. <br /> Personal Property. The words "Personal Properry" mean all equipment, fixtures; and other articles of personal <br /> property now or hereafter owned by Trustor, and now or hereafter attached or affixed to the Real Property; <br /> together with all accessions, parts, and additions to, all replacements of, and all substituti6ns fnr, any of such <br /> property; and together with aII proceeds (including without limitation all insurance proceeds and refunds of <br /> premiums)from any s�ale or other disposition of the Property. <br /> Propeety. The word"Property"means collectively the Real P�operty and the Personal Property. <br /> Real Property.. The words"Real Ptopetty"mean the real property,interests and rights,as further described in this <br /> Deed of Trust.. <br /> Related Documents. The words "�Related DocumeMS" mean all promissory notes, credit agreements, loa� <br /> � agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security <br /> deeds, collateral mortgages, and alf other instruments, agreements and documents, whether now or hereafter <br /> existi�g,executed in connection with the_I,r,�debtedness. <br /> Rents. The word "Rents"...m�earis�-all�:��.pFesent and future rents, revenues, income, issues, royalties, profits, and <br /> other benefits deri�ved'from tlie Properf,y. <br /> Trustee.. The word "Trustee"means„�qwi[able Bank(Grand Island RegioN,whose address is 113-115 N Locust <br /> St;P0�Box 160,.Grand Isla.n�^�IV�E�'68802-0160 and any substitute or successor trustees. � <br /> Trustor.��,.,�he�w6'r`�"Trustor"means SCOTT M PARKER a�d KATHLEEN R PARKER. <br /> EACH TRUSTOR ACKNOWLEDGES HAVING REA� ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH <br /> TRUSTOR AGREES TO ITS TERMS. <br /> TRUST <br /> X �li— <br /> SC�TT M PARI�R 1 <br /> X����� � ��� <br /> KAVFiLEEN R PARKER <br />