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DEED OF TRUST � Q 12 �����
<br />Loan No: 524517 (Continued) Page 7
<br />or unenforceable as to any other person or circumstance. If feasible, the offending provision shall be considered
<br />modified so that it becomes legel, valid and enforceable. If the offending provision cannot be so modified, it shall
<br />be considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or
<br />unenforceability of any provislon of this Deed of Trust shall not affect the legality, validity or enforceability of any
<br />other provision of this Deed of Trust.
<br />Successors and Assigns. Subject to any limitations 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 benefit of the parties, their successors and assigns. If
<br />ownership of the Property becomes vested in a person other than Trustor, Lender, without notice to Trustor, mey
<br />deal with Trustor's successors with reference to this Deed of Trust and the Indabtedness by wey of forbearance or
<br />extension without releasing Trustor from the obligations of this Deed of Trust or liability under the Indebtedness.
<br />Time is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br />Walve Jury. All parties to this Deed of Trust hereby weive the rlght to any jury trial in any ectton, proceeding, or
<br />counterclaim brought by any party agafnst any other party.
<br />Waiver of Homestead Exemption. Trustor hereby releases and walves all rights and benefits of the homestead
<br />exemptfon lews of the State of Nebraske 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 plurel 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 />Beneflciary. The word "Beneficiary° means First State Benk, and its successors end assigns.
<br />Borrower. The word °Borrower" means Amy S. Westphal and Merk A. Westphal and includes all co-signers and
<br />co-makers signing the Note and all their successors end assigns.
<br />Deed of Trust. The words °Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, end
<br />includes without limitation all assignment end security interest provisions relating to the Personal Property and
<br />Rents.
<br />Defeult. The word "Default° means the Default set forth in this Deed of Trust in the section titled °Default".
<br />Envtronmental Lews. The words "Environmental Laws" mean any and all state, federal and locel stetutes,
<br />regulations and ordinences releting to the protection of human health or the envlronment, including without
<br />limitation the Comprehensive Environmental Response, Compensation, and Uability Act of 1980, 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°), the Hazerdous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource
<br />Conservatfon and Recovery Act, 42 U.S.C. Sectfon 6901, et seq., or other applicable state or federal laws, rules,
<br />or regulations adopted pursuent thereto.
<br />Event of pefault. 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 />Hazerdous Substances. The words "Hazardous Substances° mean materials that, because of their quantity,
<br />concentration or physicat, chemical or infectious characteristics, may cause or pose a present or potentiel hezerd
<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 eny end all hazerdous 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 />mobfle homes affixed on:the Real Prqperty, facilities, edditions, replacements and other construction on the Real
<br />Property.
<br />Indebtedness. The word °Indebtedness" means all principal, interest, and other emounts, costs and expenses
<br />payable under the Note or Related Documents, together with all renewals of, extensions of, modificatfons 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 the Future Advances
<br />provision, together wlth all interest thereon and all emounts that may be indirectly secured by the
<br />Cross-Collateralization provision of this Deed of Trust.
<br />Lender. The word °Lender° means First State Bank, its successors and asslgns.
<br />Note. The word "Note" means the promissory note dated March 8, 2012 in the original principal amount
<br />of $138 ,900.00 irom Trustor to Lender, together with all renewals of, extensions of, modifications of,
<br />refinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturity dete of
<br />this Deed of Trust is September 8, 2012,
<br />Personal Property. The words "Personal Property" mean all equipment, fixtures, end 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 atl substitutions for, any ot such
<br />property; end together with all proceeds (including without Omitation all insurance proceeds and refunds of
<br />premiums) from any sale or other disposition of the Property.
<br />Property. The word "Property° meana 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 thls
<br />Deed of Trust.
<br />Related Documants. The words °Related Documents° mean all promissory notes, credit agreements, loan
<br />agreements, environmental egreements, guaranties, security agreements, mortgages, deeds of trust, security
<br />deeds, collateral mortgages, end all 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 First State Bank, whose address is P.O. Box 7 267, Scottsbluff, NE 69361
<br />and any substitute or successor trustees.
<br />Trustor. The word "Trustor" means Amy S. Westphal and Mark A. Westphal.
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