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DEED OF TRUST � o� 2 0171 �
<br />(Continued) � Page 7
<br />enforce the rest of the provisions of thfs Deed of Trust even if a provision of this Deed of Trust may be found to be
<br />invalid or unenforceable.
<br />Successors and Assigns. Subject to any IimitaUons stated In this Deed of Trust on transfer of Trustor's interest,
<br />this Deed of Trust shall be binding upon and inure to the baneflt of the partfes, their successors and assigns. If
<br />ownership of the Property becomes vested in a person other than Trustor, Lender, wfthout notice to Trustor, may
<br />deal with TrustoPs successors wfth reference to this Deed of Trust and the Indebtedness by way of forbearance or
<br />extension without releasing Trustor from the oblfgatlons of this Deed of Trust or liability under the Indebtadness.
<br />Tlme Is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br />Waiver of Homestead Euemptlon. Trustor hereby releases and waives all rights and beneflts 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 words shall have the followfng meanfngs when used in this Deed of Trust:
<br />Beneflclary. The word "Beneficiary" means Platte Vatley State Bank 8 Trust Company, end its successors and
<br />assigns. ,
<br />Borrower. The word "Borrower" means KRISTOPHER L. JERKE and WENDY L. MEYER-JERKE and includes all
<br />co-signers and co-makers signing the Credit Agreement and ell their successors and assigns.
<br />Credit A reement The words "Credit Agreement" mean the credit agreement dated February 22, 2012 with
<br />credit IP mit Of $60,000.00 from Trustor to Lender, together with all renewals of, extensions of, modiflcatlons
<br />of, reflnancings of, oonsolidaUons of, and subsUtutions for the promissory note or agreement. The maturity date of
<br />this Deed of Trust is February 22, 2017. NOTICE TO TRUSTOR: THE CREDIT AGREEMENT CONTAINS A
<br />VARIABLE INTEREST RATE.
<br />Deed of Trust The words °Deed of Trust° mean this Deed of Trust among Trustor, Lender, and Trustee, and
<br />includes without limftation all assignment and security interest provisfons 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 />regulaUons and ordfnances relatlng to the protectfon 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°), the Superfund Amendments and ReauthorizaUon Act of 1986, Pub. L.
<br />No. 99-499 (°SARA°), the Hazardous Materials TransportaUon Act, 49 U.S.C. Section 1801, 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 regulatlons adopted pursuant thereto.
<br />Event of Default. The words "Event of Default° mean any of t�ie events of default set.fotih -in tfiis Dqed of Trust in
<br />the events of default section of this Deed of Trust. . , a ,
<br />ExisUng Indebtedness. The words "Existing Indebtedness° m�an`tihe ind�bt�dness,des,�ed in the Existing Liens
<br />provision of this Deed of Trust.
<br />Hazardous Substances. The words "Hazardous Substances" mean mate�lals that, because of their quantity,
<br />concentraUon 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 substences, materials or waste as defined by or listed
<br />under the Environmental Laws. The term °Hazardous Substances" also includes, without Iimitation, petroleum and
<br />petroleum by-products or any fractfon thereof and asbestos.
<br />Improvements. The word °Improvements" means all existing and future improvements, buildings, structures,
<br />mobile homes afflxed on the Real Property, facflities, additlons, replacements and other construcUon on the Real
<br />Properly.
<br />Ind�btedness. The word °Indebtedness" means all principal, interest, and other amounts, costs and expenses
<br />payable under the Credit Agreement or Related Documents, together with all renewals of, extensions of,
<br />modiflcations of, consoUdations of and substitutions for the Credit Agreement or Related Documents and any
<br />amounta expended or advanced by Lender to discharge Trustor's obligations or expenses IncuRed by Trustee or
<br />Lender to enforce Trustor's obtigations under this Deed of Trust, together with interest on such amounts as
<br />provided in this Deed of Trust.
<br />Lend�r. The word °Lender° means Platte Valley State Bank & Trust Company, its successors and assigns. The
<br />words "successors or assigns" mean any person or company that acquires any interest in the Credit Agreement.
<br />Personal Property. The words °Personal Property" mean all equipment, flxtures, 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 all substltuUons for, any of such
<br />property; and together with all proceeds (including without Umitation all insurance proceeds and refunds of
<br />premiums) from any sale or other dispositfon of the Property.
<br />Property. The word "Property" means collectfvely the Real Properly 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, guarenties, security agreements, mortgages, deeds of trust, security
<br />deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter
<br />existing, executed in connection with the Indebtedness.
<br />R�nts. The word "Rents° means all present and future rents, revenues, income, issues, royalties, pro8ts, end
<br />other beneflts derived from the Property. `
<br />Trustee. The word "Trustee" means Platte Valley State Bank & Trust, Co. Inc., whose address is PO Box 430,
<br />Keamey, NE 68848-0430 and any substltute or suoc�sor trustees.
<br />Trustor. The word °Trustor" means KRISTOPHER L. JERKE and WENDY L. MEYER-JERKE.
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