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<br />DEED OF TRUST 2 012 0 0 9 8'�
<br />(Continued) Page 7
<br />Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homeatead
<br />exemption laws of the State of Nebraska as to ell 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 specificelly stated to the contrary, all references to dollar amounts shell mean amounts in lawful money
<br />of the United States of America. Words and terms used in the singular shall include the plu`ra9, and the plural shell
<br />include the singular, as the context may require. Words and terms not otherwise defined in this Deed of Trust shell
<br />have the meanings attributed to such terms in the Uniform Commercial Code:
<br />Beneficiary. The word °Beneficiary" means Exchange Bank, end its successors and assigns.
<br />Borrower. The word "Borrower" means 0'Connor Properties, 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 limitation all assignment and security interest provisions relating to the Personal Property and
<br />Rents.
<br />Defeult. The word "Default° means the Defeult set forth in this Deed of Trust in the section titled °Default".
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<br />Environmental Laws. The words °Environmen#al Lalnrs° meqrc�'.�1q�esa�tl,�elk�,�st�tR, °;fed`ei��l and locel statutes,
<br />regulations and ordinances relating to the protection of #�umad �i�balEk�, or. �he envF�omm �t, including without
<br />limitation the Comprehensive Environmentel Response;_Ci�r4l�bn�dt�o�;i�ndo.4a�,bility RcC�a#�,�980, as amended, 42
<br />U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendm'�n''ts e'�"d�t�at�thariz�itm of 7986, Pub. L.
<br />No. 99-499 ("SARA"1, the Hazardous Materials Tranaportation� 49 U.S.C. Sectiar� seq., the Resource
<br />Conservation and Recovery Act, 42 U.S.C. Section 8901, et �eq., or other applic8�f,�, �r federal laws, rules,
<br />or regulations adopted pursuant thereto. t'
<br />,�>,;� ��
<br />Event of Default. The words "Event of Default" mean any of t�s events of defauit�s�t°�FY`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 guarenty 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 fnfectious characteristics, may cause or pose a present or potential hazerd
<br />to human health or the environment when improperly used, treated, stored, dfsposed of, generated, manufectured,
<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 Lews. The term "Hazardous Substances° also includes, without Ilmitation, petroleum and
<br />patroleum 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 Properry, fecilities, additions, replacements end 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 ell renewals of, extensions of, modifications of,
<br />consolidations of and substitutions for the Note or Related Documents and any amounts expended or edvanced 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 edvances set forth in the Future Advences
<br />provision of this Deed of Trust, together with all interest thereon.
<br />Lender. The word "Lender" means Exchenge Bank, its successors and assigns.
<br />Note. The word "Note° means the promissory note dated February 3, 2012, In the original principal
<br />emount Of $ 800,000.00 from Trustor to Lender, together with all renewels of, extensions of, modiflcations
<br />of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. NOTICE TO
<br />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 effixed 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 (including wlthout limitation all insurance proceeds and refunds of
<br />premiums) from any sale or other dispositlon of the Property.
<br />Property. The word "Property° means collectively the Real Property and the Personal Property.
<br />Real Property. The words "Real Properry° mean the real properry, interests and rights, as further described in this
<br />Deed of Trust.
<br />Related Documents. The words "Releted Documents" mean all promissory notes, credit agreements, loan
<br />agreements, environmental agreements, guarantfes, security egreements, mortgages, deeds of trust, security
<br />deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafte�
<br />existing, executed in connection with the Indebtedness.
<br />Rents. The word "Rents" means all present and future rents, revenues, income, issues, royaltles, profits, and
<br />other benefits derived from the Property.
<br />Trustee. The word "Trustee" means Exchange Bank-Gibbon, whose eddress is P.O. Box 760, Gibbon, NE 68840
<br />and any substitute or successor trustees.
<br />Trustor. The word "Trustor" means 0'Connor Properties, LLC.
<br />TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND TRUSTOR
<br />AGREES TO ITS TERMS.
<br />TRUSTOR:
<br />0'CONNOR PROPERTIES, LLC
<br />By < : ° :
<br />>;
<br />RAYMON J O'CONNOR, Manager of O'Connor Propertles, LLC
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