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<br />DEED OF TRUST ����� 3 2 7�
<br />(Continued) Page 7
<br />this Deed of Trust shall be binding upon end 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, may
<br />deal with Trustor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or
<br />extension without releasing Trustor from the obligations of this Deed of Trust or liability under the Indebtedness.
<br />Tlme is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br />Weive Jury. All parties to this Deed of Trust hereby waive the rlght to any jury trial In any ection, proceeding, or
<br />courrterclelm brought by any party against eny other party.
<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 plural 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 Commerciel Code:
<br />Beneficiary. The word °Beneficiary° means Exchange Benk, and its successors and assigns.
<br />Borrower. The word °Borrower" means ENCiNGER ENTERPRISES, L.L.C. and includes all co-signers and
<br />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 wlthout limitation all assignment and security interest provisions relating to the Personal Property and
<br />Rents.
<br />Defeuk. The word °Default° means the Default set forth in this Deed of Trust in the section titled °Default°.
<br />Envlronmentel Laws. The words "Environmental Laws° mean any and all state, federal and local stetutes,
<br />regulations and ordinances relating to the protection 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 Reauthorization Act of 1986, Pub. L.
<br />No. 99-499 ("SARA"►, the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource
<br />Conservetlon 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 />Everrt of Defauk. 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. .,1..� ...w -, -, -•
<br />R �✓, � � ai �c" .}i� sr7C: � � �,
<br />Guaranty. The word °Guaranty° means the guaranty from gua�antqr, endAr�a o�' a�commodation party to
<br />Lender, including without limitation a guaranty of all or part of tf�e �►11ote �� �_, „�. _ .,- `
<br />Hazardous Substances. The words °Hazardous Substances"� rrieaniriater` �eceuse of their quantity,
<br />concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hezard
<br />to human health or the environment when improperly used, treated, stored, disposed of, generated, manufectured,
<br />transported or otherwise handled. The words °Hazardous Substances° are used in their very broadest sense end
<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 Substences° also includes, without limitation, petroleum and
<br />petroleum by-products or any fraction thereof and asbestos.
<br />Improvemer�. The word "Improvements° means all existing and future improvements, buildings, structures,
<br />mobile homes affixed on the Real Property, facilities, 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 all renewals of, extensions of, modifications 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 rustee or Lender to enforce Trustor's
<br />obligations under this Deed of Trust, together with interest on such am unts as provided in this Deed of Trust.
<br />Speciflcally, without limitation, Indebtedness includes all amounts t at mey be indirectly secured by the
<br />Cross-Collateralization provision of this Deed of Trust.
<br />Lender. The word °Lender° means Exchange Bank, its successors and as
<br />Note. The word °Note" means the promissory note dated April 25, 201 , in the original principal �mount
<br />Of $58,000.00 from Trustor to Lender, together with all renew Is of, extensions of, modifications of,
<br />refinencings of, consolidations of, and substitutions for the promissory n te or agreement. NOTICE TO TRUSTOR:
<br />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, and now or hereafter a ached or affixed to the Real Property;
<br />together with all accessions, parts, and additions to, all replacements f, and all substitutions for, any of such
<br />property; and together with all proceeds lincluding 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 t e Personal Property.
<br />Real Property. The words "Real Property° mean the real property, interests and rights, es further described in this
<br />Deed of Trust. �
<br />Related Documerrts. The words °Related Documents° mean all
<br />agreements, environmental agreements, guaranties, security agree
<br />deeds, collateral mortgages, and all other instruments, agreements
<br />existing, executed in connection with the Indebtedness.
<br />Rents. The word °Rents" means all present and future rents, reve
<br />other benefits derived from the Property.
<br />issory notes, credit agreements, loan
<br />,, mortgages, deeds of trust, security
<br />documents, whether now or hereafter
<br />income, issues, royalties, profits, and
<br />Trustee. The word "Trustee° means Exchange Bank , whose address is� PO Box 5793, Grand Island, NE 68802
<br />and any substitute or successor trustees. �
<br />Trustor. The word °Trustor° means ENCINGER ENTERPRISES, L.L.C..
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