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201109047
<br /> D�ED OF TRI�ST
<br /> Loan No: 810277 {Con$IIIUGd) pay�7
<br /> several,and all references to TrusYOr shall mean each and every Trustor,and all references to Borrower shall mean
<br /> each and every 8orrower. This means that each Trustor signing below is responsible for all obligations in this Deed
<br /> of Trust. Where any one or more of the parties is a corporation,partnership, limited liability company or similar
<br /> enYity,it is not necessary for Lender to inquire into the powers of any of the officers,directors,partners,members,
<br /> or other agents acting or purporting to act on the entity's behalf, and any obligations made or created in reliance
<br /> upon the professed exercise of such powers shall be guaranteed under this Deed of Trust.
<br /> No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust uniess such
<br /> waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right
<br /> shall operate as a waiver of such right or any other right. A waiver 6y Lender of a provision of this Deed of Trust
<br /> shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that
<br /> provision or any other provision of this Deed ofi Trust. No prior waiver by Lender, nor any course of dealing
<br /> between Lender and TrusTOr,shall constitute a waiver of any of Lender's rights or of any of Trustor's obligations
<br /> as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust,the granting
<br /> of such consent by Lender in any instance shall not constiwte coMinuing consent to subsequerrt instances where
<br /> such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender.
<br /> Severatiility. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid,or
<br /> unenforcea6le as to any circumstance, that finding shall not make the offending provision illegal, invalid, or
<br /> unenforcea6le as to any other circumstance. Ifi feasible,the offending provision shall be considered modified so
<br /> _ that it becomes IegaL valid and enforceable. If the offending provision cannot be so modified, it shall be
<br /> considered deleted from thls Deed of Trust. Unless otherwise required tiy law, the ilfegality, invalidity, or
<br /> unenforcea6ility of any provision of this Deetl of Trust shall not affect the legality,validity or enforceability of any
<br /> other provision of this Deed of Trust.
<br /> Successors and Assigns. Subject to any limitations stated in.this Deed of Trust on transfer of Trustor's interest,
<br /> this Deed of Trust shal4.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 Ttustor's suceessors 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 Indeqtedness.
<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 the right to arry jury trial in any action,proceeding,or �
<br /> courrterclaim brought by any party against arry ather party.
<br /> Waiver of Homestead �cemption. Trusmr 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 /> DEFINITIONS. The following capitalized words and terms Shall have the following meani�gs when used in this Deed of
<br /> Trust. Unless specifically sr�ated to the contrary,all references to tlollar amounts shall mean amounts in IawPul mo�ey
<br /> of the United States of America. Words and terms used in the singular shall include the plural, and the piural shail
<br /> fndude the singular,as the conteM may require. Words and terms not otherwise defined in this Deed of Trust shall
<br /> have th0 meanings attributed to such terms in the Uniform Commereial Code: �
<br /> Beneficiary. The word"Beneficiary"means Equita6le Bank,and its successors and assigns.
<br /> Borrower. The word"Borrower" means LBE FAMILY LIMITED PARTNERSHIP and LONNIE D. DAVIS and includes
<br /> all.co-signers and co-makers signing the Note and all their successors and assigns. .�
<br /> Deed of Trust. The wortls "Deed of TrusY' mean this Deed of Trust among Trustor, Lender, and Trustee, and
<br /> inciudes without IimitaYion all assignment and security interest provisions relating to the Personal Property and
<br /> Rents.
<br /> �efault. The word"Default"means the Default set forth in this Deed of Trust in the section titled"Default".-
<br /> Environmental Laws. The words "Environmentaf Laws" mean any and all state, federal and local statutes,
<br /> regulations and ordinances relating �o the protection of human health or the environment, including without
<br /> limitati�on the Comprehensive Environmental Response, Compensation,and Lia6ility Act of 7980,as amended,42
<br /> U.S,C. Section 9601,et seq. ("CERCLA"�,the Superfiund Amendments and Reauthorization Act ofi 1986,.Pub. 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 U.S.C.Section 6901,et seq.,or other applicable state or federal laws,rules,
<br /> or reguiations adopted pursuant thereto. � �
<br /> Event of Default. The words"Event of DefaulY'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 /> Guaeanty. The word"Guaranty"means the guaranty from guarentor,endo�ser,surety,or accommodation party to
<br /> Lender,induding 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 /> concentratio�r or physical;ehemical qr infectious cFiaracteristics, 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 all existing and future improvements, buildings, structures,
<br /> mobile homes affixed on the Real Property,facilities,additions, replacements and oYher construction on the Real
<br /> Property.
<br /> Indebtedness. The word "indebtedness" means all 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 expenses incurred by Trustee or Lender to enforce Trustor's
<br /> obligations under this Deed of Trust, together wiih inYerest on such amounts as provided in this Deed of Trust.
<br /> Specifi�cally,. without limitation, IndebTedness includes fhe 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"Lender"mearts Equitabie Bank,its successors and assigns.
<br /> Note. The word "Note" means the promissory note dated December 1, 2011, In th6 original principai
<br /> amount of $92,�00.0o from Borrower to Lender,together with all renewals of,extensions of,modifications
<br /> of, Fefinancings of, consolidaEons of, and substitutions for the promissory note or agreement. NOTICE TO
<br /> TRUSTOR: THE NOTE�ONTAINS A VARIABLE INTEREST RATE.
<br /> Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal
<br /> property now or hereafter owned bV 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 substitutions for, any of such
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