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<br />DEED OF TRUST 2 012 0 3 9 3 0
<br />(Continued) Page 4
<br />reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its
<br />interest or the enforcement of its rights shall become a pert of the Indebtedness payeble on demand end shell bear
<br />interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include,
<br />without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal
<br />expenses, whether or not there is a lawsuit, including ettorneys' fees end expenses for bankruptcy proceedings
<br />(including efforts to modify or vacate any automatic stay ar injunctionl, eppeals, and any anticipated post-judgment
<br />collection services, the cost of searching records, obtaining title reports (including foreclosure reportsl, surveyors'
<br />reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law.
<br />Trustor also will pay any court costs, in addition to ell other sums provided by law.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions ere a part of this Deed of Trust:
<br />Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and, to the extent not
<br />preempted by federal law, the laws of the State of Nebraska without regard to its conflicts of law provisions. Thia
<br />Deed of Trust has been accepted by Lender in the State of Nebraska.
<br />Time is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br />Waiver of Homesteed Exemption. Trustor hereby releases and woives ell rights and benefits of the homestead
<br />exemption laws of the Stete 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 />Beneficiary. The word "Beneficiery" means PINNACLE BANK, end its successors and essigns.
<br />Borrower. The word "Borrower" means ALBERT R NESBITT and includes all co-signers and co-makers signing the
<br />Note and all their successors and assigns.
<br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust emong Trustor, Lender, and Trustee, end
<br />includes without Iimitation all assignment and security interest provisions relating to the Personal Property and
<br />Rents,
<br />Environmental Laws. The words "Environmental Laws" mean any and all stete, federal end local statutes,
<br />regulations and ordinances relating to the protection of human health or the environment, including without
<br />limitation the Comprehensive Environmentai Response, Compensation, and Liebility Act of 1980, as amended, 42
<br />U.S.C. Sectian 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L.
<br />No. 99-499 ("SARA"), the Hazardous Materials Trensportation 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 regulations adopted pursuant thereto.
<br />Event of Default. The words "Event of Defeult" 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 guerentor, endorser, surety, or accommodation party to
<br />Lender, including without limitation a guaranty of all or part of the Note.
<br />Improvements. The word "Improvements" means all existing and future improvements, buildings, structures,
<br />mobile homes affixed on the Real Property, fecilities, 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 substitutions for the Note or Related Documents and any amounts expended or edvanced by
<br />Lender to discharge Trustor's obligationa 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 Advences
<br />provision of this Deed of Trust, together with all interest thereon.
<br />Lender. The word "Lender" means PINNACLE BANK, its successors and assigns. The words "successors or
<br />assigns" mean any person or company that acquires eny interest in the Note.
<br />Note. The word "Note" means the promissory note dated May 14, 2012 in the original principal amount
<br />of S 125 ,000.00 from Trustor to Lender, together with all renewals of, extensions of, modifications of,
<br />refinancings of, consolidetions af, 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 atteched or affixed to the Real Property;
<br />together with all accessions, perts, end additions ta, all replacements of, and all substitutions for, any of such
<br />property; and together with ell proceeds (including without Iimitation 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 Personel 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 "Releted Documents" mean all promissory notes, credit agreements, loan
<br />agreements, environmental egreements, guaranties, security agreements, mortgages, deeds of trust, security
<br />deeds, collateral mortgages, and ell 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 PINNACLE BANK, whose address is PO BOX 229, AURbRA, NE 68818 and
<br />any substitute or successor trustees.
<br />Trustor. The word "Trustor" means ALBERT R NESBITT.
<br />TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF TWIS DEED OF TRUST, AND TRUSTOR
<br />AGREES TO ITS TERMS.
<br />TRUSTOR:
<br />X VL�JI� � { 1J��4.�
<br />ALBERT R NE BITT
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