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201108380
<br /> DEED OF TRUST
<br /> Loan No: 810255 (Continued) Page 7
<br /> extension without releasing Trustor from the obligations of this Deed of Trust or liability under the Indebtedness.
<br /> Time is of the Essence. Time is bf the essence in the performance of this Dee�d 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
<br /> counterdaim brought by any party againsi any other party. � .
<br /> Waiver of Homestead F�cemption. Trustor hereby releases and waives all rights and benefits of the homestead
<br /> exemption laws of the State of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br /> DEFIf11TIOIVS. The following capitalized words and te�rms shall have the following meanings when used in this Deed of
<br /> Trust. Unless specifically stated to the contrary,all references to dollar amounts shall mean amounts in lawfui money
<br /> of the Unfted States of America. Words and terms used in the singular shaii include the plural, and the plural shall
<br /> include the singular,as the context may require. Words and terms not otherwise defined in this Deed of Trust shall
<br /> have the meanings attributed to 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 MICHAEL C HUTCHINSON and WANDA M HUTCHINSON and indudes all .
<br /> co-signers and co-makers signing the Note and all their successors and assigns.
<br /> Deed of Trust. The words "Deed of Trust" mea�this Deed of Trust among Trustor, Lender, and Trustee, and
<br /> includes without limitation all assignment and security interest provisions relating to the Personal Property and
<br /> Rents.
<br /> Default. The word"Defauft"means the DefauR set forth in this Deed of Trust in the section titled"Default".
<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 environment, induding without
<br /> limitation the Comprehensive Environmental Response, Compensation,and Liability Act of 1980,as amended,42
<br /> U.S.C.Section 9601,e#seq. ("CERCLA"),the Superfund Amendments and Reauthorization Act of 7986, Pub. L.
<br /> No.99-499("SARA"1,the Hazardous Materials Transportation Act,49 U.S.C.Section 1801,et seq.,the Resource
<br /> Conservation and Recovery Act,42 U.S.C.Section 6901,et seq.,or other applica6le 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 evenis of default section of this Deed of Trust.
<br /> Guararrty. The word"Guaranty"means the guaranty from guarantor,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 their quantity,
<br /> concentration or physical,chemical orinfectious characteristics, may cause or pose a present or poteniial hazard
<br /> to human health or the environment when improperly ased,treated,stored,disposed of,generated,manufactured,
<br /> transported ot otherwise handled. The wortls"Hazardous Substances" are used in their very broadest sense and
<br /> include without limitation any and all hazardous or toxic substances, marerials 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 all existing and future improvements, buildings, stwctures,
<br /> mo6ile homes affixed on the Real Property,facifities, additions, replacements and other construction on the Real
<br /> Property.
<br /> Inde6tedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses
<br /> payable under the Note or Related Documents, together with ali renewals of, extensions of, motlifications 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 expenses incurred by Trustee or Lender to enforce Trustor's
<br /> obligations under this Deed of Trust,together with interest on such amounts as provided in this Deed of Trust.
<br /> Specifically, without limitation, Indebtedness includes the future advances set forth in the Future Advances
<br /> provision, together with all interest thereon and all amounts that may be indirectly secured by the
<br /> Cross-Collateralization provision of this Deed of Trust �
<br /> Lender. The word"Le�der"means Equitable Bank,its successors and assigns.
<br /> Note. The word'"Note" means the promissory note dated November 2, 2011, in the originel principal
<br /> amount of S 100,�00.00 from Trus[oY to Lender,together with all renewals of,extensions of,modifications
<br /> of,refina.ncings of,_consohdations of,and�.substiwtions for the promissory note or agreement.
<br /> Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal
<br /> property now or hereafter owned 6y Trustor, and now or hereafter a'ttached or affixed to the Real Property;
<br /> �together with all accessions, parts, and additions to, all replacements of, and all substitutions for,any of such
<br /> property; and together with all proceeds (including without limitation all insurance proceeds and refunds of
<br /> premiums)from any sale or other disposition of the Property. .
<br /> Property. The word"Property"means collectively the Real Property and the Personal Property.
<br /> Real Property. The words"Real Property"mean the real property,interests and rights,ss further described in this
<br /> Deed of Trust.
<br /> Related Documerrts. The words "Related Documents" mean all promissory notes, credit agreements, loan
<br /> �agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, securiYy
<br /> deeds, collateral morigages, and all other instruments, agreements and documents, whether now or hereafter
<br /> existing,executed in connection with the Indebtedness.
<br /> Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and
<br /> other benefits derived from the Property. �
<br /> Trustee. The word "Trustee" means Equitable Bank(Grand Island Region), whose address is 113-115 N Locust
<br /> St;PO Box 160,Grand Island,NE 68802-0160 and any substitute or successor trustees.
<br /> Trustor. The word"Trustor"means MICHAEL C HUTCHINSON and WANDA M HUTCHINSON.
<br /> EACH TRUSTOR�ACKNOWLEDGES .HAVWG READ ALL THE PROVISiONS OF THIS �EED OF TRU$T, AND EACH
<br /> TRUSTOR AGREES TO ITS TERMS. � �
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