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' s �� � DEED OF TRUST
<br />. lcont�nued) � 012 a 0�. �3 � Pa �
<br />Successors end Assigns. Subject to any Iimitations atated in this Deed of Trust on trensfer 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 obUgations of this Deed of Trust or liability 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 the rlght to any jury trlal 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 beneftts of the homestead
<br />exemption laws of the State of Nebreske as to all indebtedness secured by this Deed of Trust.
<br />DEFINITIONS. The following capitalized words and terms shall have the follow(ng meanings when used in this Deed of
<br />Trust. Unless specifically stated to the contrary, all references to dollar amounts shell mean emounts in lawful money
<br />of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall
<br />include the singular, as the context may requfre. Words and terms not otherwise deflned in this Deed of Trust shall
<br />have the meanings attributed to such terms in the Uniform Commercial Code:
<br />Beneficiary. The word °Beneficiary" means Exchange Bank, and its successors and assigns.
<br />Borrower. The word "Borrower° means Kent K. Koch and Kacey E. Koch and includes all co-signers end
<br />co-makers signing the Note and all their successors end essigns.
<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 end security Interest provisions relating to the Personel Property and
<br />Rents.
<br />Default. The word "Default" means the Default set forth in this Deed of Trust in the section titled "Default".
<br />Environmental Laws. The words °Environmental Laws" mean eny and all state, federel and local statutes,
<br />regulations and ordinances relating to the protection of human health or the environment, Including without
<br />limitation the Comprehensive Environmental Response, Compensation, and Liebility Act of 1980, as emended, 42
<br />U.S.C. Section 9601, et seq. ("CERCLA"1, the $uperfund Amendments and Reauthorization Act of 1986, Pub. L.
<br />No. 99-499 1"SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Sect(on 1801, et seq., the Resource
<br />Conservation and Recovery Act, 42 U:S.C. Section 6901, et seq., or other appl(cable state or federal laws, rules,
<br />or regulations adopted pursuant thereto. ` -
<br />Event of Default. The words "Event of Default" mean any of the evbnt§ of.default•,Sep�fiq�tk��in this peed of Trust in
<br />the events of default section of this Deed of Trust. �„".° �-��, ;;; •�t =� �
<br />Guaranty. The word "Guaranty" means the gueranty 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 "Hezardous Substances° mean materials that, because of their quantity,
<br />concentration or physical, chemical or infecttous characteristics, may cause or pose a present or potential hezard
<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 esbestos.
<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 on the Real
<br />Property.
<br />Indebtedness. The word "Indebtednessa means all principal, interest, and other amounts, costs and expenses
<br />payable under the Note or Related Documents, together with all renewals of, extenslons ot, modiflcations 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 entorce 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, Indebtedness includes all emounts that may be indirectly secured by the
<br />Cross-Collateralization provision of this Deed of Trust.
<br />Lender. The word "Lender" means Exchange Bank, its successors and assigns.
<br />Note. The word "Note" means all past, present and future notes, loans or other obligations of the borrower.
<br />NOTICE TO TRUSTOR: THE NOTE CONTAINS 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 by Trustor, end now or hereafter attached or affixed to the Real Property;
<br />together with all accessions, parts, and addltions to, all replacements of, and all substitutions for, any of such
<br />property; and together with all proceeds (tncluding 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, (nterests 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, guarenties, security agreements, mortgages, deeds of trust, security
<br />deeds, collaterel 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.
<br />Trustee. The word "Trustee" means Exchange Bank, whose address fs P.O. Box 5793, Grand Island, NE 68802
<br />and any substitute or successor trustees.
<br />Trustor. The word °Trustor" means Kent K. Koch end Kacey E. Koch.
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