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, <br />< , . �������i�� <br />DEED OF TRUST <br />Loan No: 1108932-3 (Continued) Page 7 <br />Time is of the Essence. Time is of the essence in the performance of this Deed of Trust. <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 plurai shall <br />include the singular, as the context may require. Words and terms not otherwise defined 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 Platte Valley State Bank & Trust Company, and its successors and <br />assigns. <br />Borrower. The word "Borrower" means JAYNS, LLC; Jeffrey L. Mead; and Sandra J. Mead and includes all <br />co-signers and 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 provisions relating to the Personal Property and <br />Rents. <br />Default. The word "Default" means the Default set forth in this Deed of Trust in the section titled "DefaulY'. <br />Environmental Laws. The words "Environmental Laws" mean any a►�r! all state, . federal and• loaal statutes, <br />regulations and ordinances relating to the protection of human health or the environment,• including without <br />limitation the Camprehensive Environmental Response, Compensatiort, and Liability. Act of 1�980, as amended, 42 <br />U.S.C. Section 9601, et seq. ("CERCLA"►, the Superfund Amendments and Reauthorization Act of 1986, Pub. L. <br />No. 99-499 ("SARA"1, the Hazardous Materials Transportation Act, 49 U.S.C. S�ction 1$01, 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 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 />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 all or part of the Note. <br />Hazardous Substances. The words "Hazardous Substances" mean materials thai, because of their quantity, <br />concentration or physical, chemical or infectious characteristics, 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 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 subsiitutions 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 />Lender. The word "Lender" means Platte Valley State Bank & Trust Company, its successors and assigns. <br />Note. The word "Note" means the promissory note dated February 14, 2012, 1� th� original principal <br />emOUnt Of $124,000.00 from Borrower to Lender, together with aII renewals of, extensions of, modifications <br />of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. <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 affixed to the Real Property; <br />together with all accessions, parts, and additions to, all replacements of, and aIl substitutions for, any of such <br />property; and together with all proceeds (including 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, 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 />agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security <br />deeds, collateral mortgages, and alI 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 Platte Valley State Bank & Trust Company, whose address is 810 Allen Dr, <br />Grand Island, NE 68803 and any substitute or successor trustees. <br />Trustor. The word "Trustor" means JAYNS, LLC. <br />TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND TRUSTOR <br />AGREES TO ITS TERMS. <br />TRUSTOR: <br />