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�201108475
<br /> DEED OF TRUST
<br /> Loan No: 10000320 4Confiinued) Page 7
<br /> Time is of the Esscnce. Time is�of ihe esscnce in the�persormance of�this Deed of Trust.
<br /> Waive Jury. All parties to�this Deed of Ttust hereby waive the right to any jury trial in any action,proceeding,or
<br /> counterclaim brought by any party against any other party.
<br /> Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and 6enefiTS of the homestead
<br /> exemption laws of the State of Nebraska as to ail Indebted�ess secured by this Deed of Trust.
<br /> DEFINITIONS. The fiollowing words shall have the following m�anings v��hen 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 R08ERT J TESMER and EILEEN B TESMER and includes all co-signers and
<br /> co-makers signing the Note and all their successors and assigns.
<br /> Deed of Tmst. -�he words "Deed of TrusY' mean this Deed of Trust among Trustor, Lender, and Trustee, and.
<br /> includes withouT limitation all assignment and security interest provisions relati�ng Yo the PPrsonal Property and
<br /> Rents.
<br /> Environmental Laws. The words "Environmental Laws" mean any and all staYe, federal and local statutes,
<br /> regulations and ordinances relating Yo the protection ef human health or the environment, including� i,vithout
<br /> limitation the Comprehensive Environmental Response, Compensation,and Liability Act of 1980, as amended,42
<br /> U.S.C. Section 9601,et seq. ("CERCLA"),the Superfund Amendments and Reauthorization Act of 1986,Pub. L.
<br /> No.99-�99("SARA"),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 applicable state or federal laws,rules,
<br /> or regulations adopted pursuant thereto. .
<br /> Event ofi�efault. The words"Event of�efault"mean any of the events of default set forth in ihis Deed of Trus-t in
<br /> the events of default ser.tion�#this Deed of Trust. �
<br /> Existing Indebtedness. The words"Existing Indebtedness" mean the indebtedness descrihed in tne 6cisting Liens
<br /> provision oi this Deed of Trust.
<br /> Guaranty. The word"Guaranty"means the guaranty from guarantor,endorser,surety,or accommodation party to
<br /> Lender,including without limitation a guaran�ry of all or part of ihe NoCe.
<br /> � Hazardous Substances. The words "Hazardous Substances".mean materials that, t�ecause of their quantity,
<br /> concentration or physical, chemical or infectious charecterisfics, may cause or pose a present or potential hazard
<br /> to human health or the environment v✓hen 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 Iimitation,petroleum and
<br /> petroleum by-products or any fraction thereof and asbestos. � � �
<br /> Improvements. The word "Improvements" means all existinq and future im�r�vements, buil�lings, structures,
<br /> mo6ile homes affPxed on the Real Property, fiacilities, additions, replacements and other construction on the Real�
<br /> Property.
<br /> Indebtedness_ The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses
<br /> payable unde�r the Note or Related Documents, together with aIl renewals of, exiensions 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 o6ligations or expenses incurred by Trustee or Lender to enforce Trustor's
<br /> obligations under this�eed of Trust,together with interest on such amounts as provided in this Deed of Trust.
<br /> Lender. The word "Lender" means Equita6le Rank, its successors and assigns. The words "successors or
<br /> assigns"mea�any person or company Yhat acquires any interest in the Note.
<br /> - Note. The word "Note" means the promissory note dated Novem6er 4, 2071, In th0 OYiginBl prinCipal
<br /> amount of$29,406.00 from Trustor to Lender,together with all renewals of,extensions of,modifir.ations of,
<br /> refinancings of, consolidations of, and substitutions for i:he promissory note or agreement. The maturity date of
<br /> this Deed of Trust is October 1 5,2076.
<br /> Personai Properfy. The words "Personal Property" mear all equi�pment, fiixtures, and other articies of personal
<br /> property no�nr or hereafter owned by Trustor, and now or herea{fer attached or affixed to the Real Property;
<br /> together with-all accessions,. pars, and additions to, all reptacements of, and ali substitutions for, any of such
<br /> property; and together v✓ith all proceeds (including without limitation all insurance proceeds and refunds of
<br /> premiums)from any sal2 or other disposition of the Property. �
<br /> Property. The word"Property"means collectively the Real Property and the Personal Prnperty.
<br /> Real Property. The words"Real Property' mean the real.property,interests and rights,as turther described in ihis
<br /> Deed of Trust. �
<br /> Related Documents. The words "Related Documents" mean all promissory notes, cred�t ayreements, loan
<br /> agreements, environmental agreeme�ts, guaranties, security agreemenis, mortgages, deeds of trust, security
<br /> deeds, collateral mortgages, and all other instruments, ar�reements and documents, whether now or hereafter
<br /> existing,executed in connection tivith the Indebtedness.
<br /> Rents_ The word "Rents" means all present and future rents, revenues, income, issues, royaltics, profits, and
<br /> other benefits derived from the Property. �
<br /> Trustee. The word "Trustee" means Cquitable Bank(Grantl Island Region), whose address is 113-115 N Locust
<br /> St;f'0 Box 160,Grand Island,NE 6 8802-01 6 0 and any substi[ute or successor trustees. � �
<br /> Trustor. The word"'Trustor"means ROBERT J TESMER and EILEEN 6 TESMER. - � � �
<br /> EACH TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH
<br /> TRUSTOR AGREES TO ITS TERMS. �
<br /> TRUSTOR: y
<br /> X �Gf��titi" �/ � __� .
<br /> ROBE,T J T�SME
<br /> �-----_.
<br /> LEEN B TESMER �
<br />
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