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201108799
<br /> DEED OF TRUST
<br /> Loan No: 10000691 (Continued� Page 7
<br /> of Trust.
<br /> No Waiver by Lender. Trustor understands Lender will not give up any of Lender's rights under this Deed ofi Trust
<br /> unless Lender does so in writing. The fact that Lender delays or omits to exercise any right will not mean that
<br /> Lender has given up that right. If Lender does agree in writing to give up one of Lender's rights,that does not
<br /> mean Trustor will not have to comply with the other provisions of this Deed of Trust. Trustor also understands
<br /> that if Lender does consent to a reqiaest,that does not mean.that Trustor will not ha�e to get Lender's consent
<br /> again if the situation happens again. Trustor further understands that just because Lender consents 40 one or more
<br /> of Trustor's requests>that does not mean Lender will be required to consent to any of Trustor's future requests.
<br /> Trustor waives peesentment,demand for payment,protest,antl notice of dishonor.
<br /> Severa6illty. If a court finds that any provision of this Deed of Trust is not valid or should not be enforced,that
<br /> fact by itself will not mean that the rest of this Deed of TPUSt will not be valid or enforced. Therefore,a court will � �
<br /> enforce the rest of the provisions of this Deed of Trust even if a provision ofi this Deed of Trust may be foond to be
<br /> invalid or unenforceable.
<br /> Successors and Assigns. Su6ject to any IimiYations stated in this Deed of Trust on transfer of Trustor's interest,
<br /> this Deed of Trust shall be binding upon and inure to the benefit of the parties,their successors and assigns. If
<br /> ownership of the Property becomes vested in a person other than Trustor,Lender;without notice to Trustor,may
<br /> deal with Trustor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or
<br /> extension without releasing Trustor from the obligations of this Deed of Trust or lia6ility 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. All parties to this Deed of Trust.hereby waive tFe 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 benefiTS of the homestead
<br /> exemption laws of the State of Ne6raska as to all Indebtedness secured by this Deed of Trust.
<br /> DEFINfT10NS. The foilowing 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 SHERRI L 0'CALLAGHAN and indudes all co-signers and co-makers
<br /> signing the Note and 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 wiihout limitation all assignment and security interest provisions relating to the Personal Property and
<br /> Rents.
<br /> Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes,
<br /> regulations and otdinances�relating to� the ptoYection of human health or the environment, including without
<br /> Iimitation tF�e Comprehensive Environmental Response,Compensation,and Liability Act of 7950,as amended,42
<br /> U:S.C. Section 9601, et seq. ("CERCLA"),the Superfund Amendments and Reauthorization Act of 1986, Pub. L.
<br /> No.99-499 I"SARA"),the Hazardous Materials Transpor[ation Acz,49 U.S.C.Section 1801,et seq.,the Resource
<br /> Conservation and Recovery Act,�2 U.S.C.�Section 6901,et seq.,or other applicable state or federel laws,rules, .
<br /> or regulations adopted pursuant thereta � �
<br /> . Event of�efault. The words"Eveni 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"Fxisting Indebtedness" mean the indebtedness described in.the Existing Liens
<br /> provision of this Deed of Trust.
<br /> Guaranty. Tfie word"Guaranty"means the guaranfy from guarantor,endorser,surety,or accommodation party to
<br /> Lender,including�withovt lim'itatiorta'guaranty of alI or part of the Note.
<br /> Hazardous Substances_ � The words "Hazardous Substances" mean materials that, 6ecause of their quantity,
<br /> conceratration�ot physical,chemical or infectious characteristics, may cause or pose a present or potential hazard
<br /> to humarrHreafth orthe�environrrrer�"when'improperly used,treated,stored,disposed of,generated,manafactured,
<br /> transported or otherwise handled. The words"Hazardous Substances"are used in their very broadesi sense antl
<br /> incfude without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed �
<br /> under the Envitonmental Laws. The term"Hazardous Substances"also includes,without limifation, petroleum and
<br /> petroleum by-products or any fraction thereof and askiestos.
<br /> Improvements. The word "Improvements" means all existing and futu�e improvements, buildings, sYructures,
<br /> mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real
<br /> Property..
<br /> Inde6tedness. The word "Indebtedness" means alf principal, interest, and other amounts, costs and expenses
<br /> payable under the Note or Related Documents, together with all renewals of, eMensions 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 expenses incurred by Trustee or Lender to enforce Trusmr's
<br /> obligations 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�November 18, 2011, 111 th2 original principal
<br /> amount of 5329,000.00 from Borrower to Lender,together with all renewals of,extensions of,modifications
<br /> of,refinancings of,consolidations of,and substitutions for the promissory note or agreement. The maturity date of
<br /> this Deed of Trust is May 1,201 2.
<br /> Personal Property. The words "Personal Property" mean all equipment, fiatures, and other articles of personal
<br /> property.now or hereafter owned by Trustor, and now nr hereafter attached or affixed to Yhe Real Property;
<br /> togetlier with alI accessions, parts, and additions to, all replacements of, and all substitutions for, any of such
<br /> property; and together with. ail 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;as further described in this
<br /> Deed of Trust.
<br /> Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan
<br /> agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security
<br /> deeds, collateral mortgages, 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.
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