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201109439
<br /> DEED OF TRllST
<br /> Loan l�io: 173051727 (Contlnued) Page 7
<br /> Time is of the Essence. Time is ofi the essence in the performance of fhis Deed of Trust.
<br /> Waive Jury. AU parties to this Deed of Trust 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 here6y releases and waives all rights and benefits of the homestead
<br /> exemption laws of the State of Nebrasl<a as to all Indebtedness secured 6y this Deed of Trust.
<br /> DEFINITIONS. The following 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 ADAM B BROSZ and SHANNON L BROSZ and includes all co-signer5 and
<br /> co-makers 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 without limitation all assignment and security interest provlsions 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 ordinances relating to the protection of human health or ihe environment, including without
<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 Superfun.d Amendments and Reauthorization Act of 1986,Pub. L.
<br /> No.99-499("SARA"},the Hazardous Materials Transportation Act,49 U.S.C.Section 1801,et seq.,the Resource
<br /> Gonservation 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 /> tf�e events of default section of this Deed of Trust.
<br /> Guaranty. The word"Guaranty"means the guaraniy 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 or infectious characteristics,may cause or pose a present or poteniial 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 end all hazardous or toxic substances, materials or waste as defined by or IisYed
<br /> � under the Environmental Laws. The term"Hazardous Substances"also includes,without limitation,peYroleum 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 construetion 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, modifieations of,
<br /> consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced 6y
<br /> Lender to discharge Trustor's obligations or expenses incurred by Trustee or Lender to enforce Trusior's
<br /> obligations under this Deed of Trust,together with interest on such amounts as provided in this Deed of Trust �
<br /> Specifically, without Iimitation, Indebtedness includes the future advances set forth in the Future Advances
<br /> provision of this Deed of Trust,together with all interest thereon.
<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 December 15, 2011, IB the original principal
<br /> amount of $3'17,374.25 from Trustor to Lender,Together with all renewals of,extensions of,modifications
<br /> of,refinancings of,consolidations of,and substitutions fer the promissory note or agreement. The maturity date of
<br /> this Deed of Trust is December 15,2012.
<br /> Personal Property. The words "Personal Propetty" mean all equipment, fixtures, and other artides 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 substitutions for, any of such
<br /> property; and together with all proceeds (inciuding 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 coliectively the Real Property and the Personai Property.
<br /> Real Property. The words"Real Property"mean ihe real property,interests and rights,as further descriBed in this
<br /> Deetl 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 alf other fnstruments, agreements and documents, whether now or hereafter
<br /> existing,executed in connection wifh the Indebtedness. �
<br /> Rents. The word "Rents" means all prese�.nt 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 913-115 N Locust
<br /> St;PO Box 160,Grand Island,-NE 68802-0160 and any substitute or successor trustees. � ��- -
<br /> Trustor. The word"Trustor"means ADAM B BROSZ and SHANNON L BROSZ. �
<br /> EACH TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS AF THIS DEED OF TRUST,AND EACH�
<br /> TRUSTOR AGFtEES TO ITS TERMS. �
<br /> TRUSTOR: � '
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<br /> ADAM B BROSZ �
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<br /> . NKI. SZ ' � �
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