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a DEED OF TRUST 2 p 12 0 0 614
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<br />Waiver of Homestead Exemption. 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 dollar amounts shall mean amounts 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 require. Words and terms not otherwise defined in thls Deed of Trust shall
<br />have the meanings attributed to such terms in the Uniform Commercial Code:
<br />Beneficiary. The word "Beneficiary° means Exchange Benk, end its successors and assigns.
<br />Borrower. The word "Borrower° means Encinger Enterprises, LLC and includes 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 without limitetion all assignment and security interest provisions relating to the Personal Property and
<br />Rents.
<br />Default. The word "Default" means the Defeult set forth in this Deed of Trust in the section titled °Default°.
<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 the 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"1, the Superfund Ame�m�Ss.�d:_Beasrihnriza�i�g.�ct of 1986, Pub. L.
<br />No. 99-499 ("SARA"1, the Hazardous Materials Transportation Act,' A�9 GI�S;:�1;SecUon_'18p1, et'seq., the Resource
<br />Conservation and Recovery Act, 42 U.S.C. Section 6901, et s�q., Dr? F�tHet��pplipeble state or 9ederal laws, rules,
<br />or regula'tions adopted pursuant thereta. �r� �j � �-�=_`� •"�
<br />Event of Default. The words "Event of Default" mean any of the events default set forth in this Deed of Trust in
<br />the events of default section of this Deed of Trust.
<br />Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to
<br />Lender, including without'limitation a guaranty of ell or part of the Nota.
<br />Hazardous Substances. The words °Hazardous Substances" mean materials that, because of their quentity,
<br />concentration or physical, chemical or infectious charecteristics, may cause or pose e 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 Iisted
<br />under the Environmental Laws. The term "Hezardous Substances" also includes, without limitation, petroleum and
<br />petroleum by-products ar 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 snd other 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 with interest on such amounts as provided in this Deed of Trust.
<br />Specifically, without limitation, Indebtedness includes the future advances set forth in tha Future Advances
<br />provision of this Deed of Trust, together with all interest thereon.
<br />Lender. The word "Lender" means Exchange Bank, its successors and assigns.
<br />Note. The word "Note" means the promissory note dated January 18, 2012, i� th� original principal
<br />amount of 573 ,000.00 from Trustor to Lender, together with all renewals of, extensions of, modifications of,
<br />refinancings of, consolidations of, and substitutlons for the promissory note or agreement. NOTICE TO TRUSTOR:
<br />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, and now or hereafter attached or effixed to the Real Property;
<br />together with all accessions, parts, and additions to, all replacements of, and all substitutions for, eny of such
<br />properiy; and together with all proceeds (including without Ilmitation 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 />agreemants, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security
<br />deeds, collateral mortgages, and ell 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 Exchenge Bank, whose address is P.O. Box 760, Gibbon, NE 68840 and any
<br />substitute or successor trustees.
<br />Trustor. The word "Trustor" means Encinger Enterprises, LLC.
<br />TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND TRUSTOR
<br />AGREES TO ITS TERMS.
<br />TRUSTOR:
<br />ENCIN ENTERPRISES C
<br />B `Z''L(i- � �'^t'�{ �,".-.----
<br />r �
<br />Andrew Encinger, Manager of Encinger Enterprises, LLC
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