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201108848
<br /> DEED OF TRUST
<br /> Loan No: 810253 (Continued) Page 7
<br /> Waive Jury. All parties to this Deed of Trust hereby waive the right to any jary trial in any action.proceeding,or
<br /> counterclaim brought by any party against any other party.
<br /> Waiver of Homestead 6cemption. 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 /> DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of
<br /> Trust. Unless specifically�stated to the contrary,all references to doliar amounts shall mean amounts in lawful money
<br /> of the United States of America, Words and terms used in the singular shall indude the plural, and ihe plural shall
<br /> include the singular, as the coMext may�equire. Words and terms not otherwise defined in this Deed of Trust shall
<br /> � have the meanings attributed io such terms in the Uniform Commercial Code: �
<br /> Beneficiary. The word"Beneficiary"means Equitabie Bank,and its successors and assigns.
<br /> Borrower. The word "Borrower" means GRAND ISLAND AREA ECONOMIC DEVELOPMENT CORPORATION and
<br /> includes all co�-signers and co-makers signing the Note and all their successors and assigns.
<br /> Deed of Trust. The 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 relating to the Personal Proper[y and
<br /> Rents.
<br /> Default. The word"Default"means the Default set forth in fhis Deed of Trust in the section titled"Default".
<br /> Environmental Laws. The words "Environmental Laws" mean any and ail state, federal and local siatutes,
<br /> regulations and ordinances relating to the protection of human health or the environment, including without
<br /> limitation the Comprehensive Environmental Response,Compensation,and Liability Act of 198Q,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("SARA"),the Hazardous Materials Transportaiion Act,49 U.S.C.Section 1807,et seq.,the Resource �
<br /> Conservation and Recovery Act,42 U.S.Q Section 6901,et seq.,or other applicable state or federal laws,rules,
<br /> orregulations adopted pursuant thereto. �
<br /> Event of Default. Tfie 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"F�cisting Indebtedness" mean the indebtedness described in the 6cisting Liens
<br /> provision of this Deed of Trust.
<br /> Guaranty. The word"Guaranty"means the guaranty from guarantor,endorser,surety,or accommodation party to
<br /> Lender,including withoot limitation a guaranty of all or part of the Note.
<br /> Hazardous Su6stances. The words "Hazardous Substances" mean materials that, because of their quantity,
<br /> concentration or physical,chemical or infectious characteristics, 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 handied. 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 indudes,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, structures,
<br /> mobile homes affixed on the Real Property,facilities, additions,replacements and other construction an the Real
<br /> Property.
<br /> Indetitedness. The word "Indebtedness" means all principal, interest, and other amou�ts, costs and expenses
<br /> payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, �
<br /> consolitlations of and substitutions for the Note or Related Dacuments and any amounts expended or advanced by
<br /> . Lender to discharge TrustoPs 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, Indeqtedness includes all amounts that may be indirectly secured by the
<br /> Cross-Collateralization provision of this Deed of Trust.
<br /> Lender. The wotd"LendeP'means Equitable Bank,its successors and assigns. .
<br /> Note. The word "NOYe" means the promissory note dated� November 22, 2017, in the original principaf
<br /> amount of $350,000.00 from Trustor to Lender,together with all renewals of,exfensions of,modifiications
<br /> of,refinancings of,consolidations of,and substitutfons 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 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 su6stitutions for, any of such
<br /> property; and together with all proceeds (including �roithout limitation all insurance proceeds and refunds ot
<br /> ptemiums)from any sale or other disposition of the Property.
<br /> � Pmperty. The word"Property"means collectively the Rea!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, credi[ agreements, loan �
<br /> agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security
<br /> deeds, coilateral mortgages;and all other instruments, agreements and documents, whether now or hereafter
<br /> ezisting,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 denved from the Property.
<br /> Trustee. The word "T�ustee" means Equitable Bank(Grand Island RegioN, whose address is 173-115 N Locust
<br /> St;PO Box 160,Grand Island,NE 68802-0160 and any substitute or successor trustees.
<br /> Trustor. The word"Trustor"means GRAND ISLAND AREA ECONOMIC DEVELOPMENT CORPORATION.
<br /> TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND TRUSTOR
<br /> AGREES TO ITS TERMS.
<br /> TRUSTOR:
<br /> GRAND ISLAND AREA ECO OMIC DEVELOPMENT CORPORATION
<br /> BYie9�.Tls'.
<br /> � MARLAN.FERGUSON;Pre�' eM of GRAND ISLAND AREA ECONOMIC
<br /> � DEVELOPMENT CORPO ION
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