|
DE (Con�t nu tlj 2 012 017 3� Page 7
<br />Trustor's busfness. Lender and Trustor intend that Lender may reasonably rely on all information supplied by Trustor to
<br />Lender, together with all representa6ons and warranties given by Trustor to Lender, without investigation or conflrmation
<br />by Lender and that any investigation or failure to invesdgate will not diminish Lender's right to so rely.
<br />Successors and Asslgns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor's interest, this
<br />Deed of Trust shall be binding upon and inure to the beneflt of the parties, their successors and assigns. If ownership of
<br />the Property becomes vested in a person other than Trustor, Lender, without noNce to Trustor, may deal with Trustor's
<br />sucxessors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without
<br />releasing Trustor from the obligadons of this Deed of Trust or Ifability under the Indebtedness.
<br />Tlme is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br />Walver of Homestead ExempUon. Trustor hereby releases and waives all rights and benefits of the homestead
<br />exemptlon laws of the State of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br />DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust:
<br />Beneflclary. The word "Beneficiary" means HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF NEBRASKA,
<br />and its successors and assigns.
<br />Borrower. The word 'Borrower" means Rodney D Boehler and includes all co-signers and co-makers signing the
<br />Credit Agreement and all the(r successors and assigns.
<br />Credlt A reement. The words "Credit Agreement" mean the credit agreement dated February 29, 2012 with credit
<br />limit o �$29,000.00 firom Trustor to Lender, together with all renewals of, extensions of, modificatlons of, reflnancings
<br />of, consolidatlons of, and substltutions for the promissory note or agreement. NOTICE TO TRUSTOR: THE CREDIT
<br />AGREEMENT CONTAINS A VARIABLE INTEREST RATE.
<br />Deed of Trust. The words "Deed of Trust" mean thfs Deed of Trust among Trustor, Lender, and Trustee, and includes
<br />without Iimita�on all assignment and security interest provisions relatlng to the Personal Property and Rents.
<br />Envlronmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regutatlons
<br />and ordinances relating to the protection of human health or the environment, including without Iimftatlon the
<br />Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Sectlon
<br />9601, et seq. ("CERCLA'�, the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA'�,
<br />the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservatlon and Recovery
<br />Act, 42 U.S.C. S�tion 6901, et seq., or other applicable state or federal laws, rules, or regulations adopted pursuant
<br />thereto.
<br />Event ot Default. The words "Event of Default" mean individually, collectively, and interchangeably any of the events of
<br />default set forth in this Deed of Trust in the events of default section of this Deed of Trust.
<br />Exlsting Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens
<br />provision of this Deed of Trust.
<br />Hezerdous Substances. The words "Hazerdous Substances" mean materials that, because of their quantity,
<br />concentratlon or physical, chemical or inf�tlous characteristics, may cause or pose a present or potential hazard to
<br />human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured,
<br />transported or otherwise handled. The words "Hezardous 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 under the
<br />Environmental Laws. The term "Hazardous Substances" also includes, without Iimitatlon, petroleum and petroleum
<br />by-products or any fracHon thereof and asb�tos.
<br />Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile
<br />homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Properly.
<br />Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable
<br />under the Credit Agreement or Related Documents,-together with all renewals of, extensions of, modiflcatlons of,
<br />consolidaHons of and substitutions for the Credit Agreement or Related Documents and any amounts expended or
<br />advanced by Lender to discharge Trustors obligatlons or expenses incurred by Trustee or Lender to enforce Trustor's
<br />obligaUons under this Deed of Trust, together with interest on such amounts as provided in this Deed of Trust.
<br />Lender. The word "Lender" means HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF NEBRASKA, its
<br />successors and assigns. The words "successors or assigns" mean any person or company that acquires any interest in
<br />the Credit Agreement.
<br />Personal Property. The words "Personal Property" mean all equipment, fbctures, and other articles of personal property
<br />now or hereafter owned by Trustor, and now or hereafter attached or affbced to the Real Property; together with all
<br />accessfons, parts, and addiHons to, all replacements of, and all substitutions for, any of such property; and together with
<br />all proceeds (including without Iimitatlon all insurance proceeds and refunds of premiums) from any sale or other
<br />dispositlan of the Property.
<br />Property. The word "Property" means collectively the Real Property and the Personal Property.
<br />Real Properly. The wards "Real Prope�ty" mean the real property, interests and rights, as further described in this Deed
<br />of Trust.
<br />Releted Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements,
<br />environmental agreements . gus[anties,, security agreements, mortgages, deeds of trust, security deeds, collateral
<br />mortgages, and alt other��i�strument�, agre�ments and documents, whether now or hereafter e�stlng, executed in
<br />connectlon with the Indebtednqss, ; y;� �
<br />Rents. The word "Rents" means dn .pr�sent. 8nd future rents, revenues, income, issues, royal6es, proflts, and other
<br />benefits derived #�om t"he Property
<br />Trustee. The wo�d 'Trustee" means Home Federal Savings and Loan Association of Nebraska, whose address is P O
<br />Box 960, Lexington, NE 68850 and any substitute or successor trustees.
<br />Trustor. The word'Trustor" means Rodney D Boehler.
<br />TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND TRUSTOR
<br />AGREES TO ITS TERMS.
<br />TRUSTOR:
<br />;: ;�:>:::' ';::.. »' ,::::::> . :::: ::: ::» :;<?»''`:'::;'':>::::::::>::::<:::::::>:?::
<br />X ::>::>: : ::>;>::»::::.>::>::;::>';:<:::;.. : : ::: :::.
<br />_ ..... ..........
<br />Rodn hler
<br />
|