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f <br />�� '� D E Con�t nuedlST 2 012 0 4 6 0� Page 7 <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, may <br />deal with Trustor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or <br />extansion 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 />Waive Jury. All parties to this Deed of Trust hereby waive the right to any jury trial in any action, proceeding, or <br />courrterclaim brought by any party against any 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 capitaUzed words and terms shall have the following meanings when used in this Deed of <br />Trust. Unless specifically stated to the contrary, all referencea 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 end 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 F�cchange Benk, and its successors and assigns. <br />Borrower. The word "Borrower° means Ning Yang and includes all co-signers and co-makers signing the Note and <br />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 without limitation all assignment and security interest provisions relating to the Personal Property and <br />Rents. <br />Default. The word °Default" means the Default set forth in this Deed of Trust in the section titled °Defeult". <br />Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, <br />regulations and ordinances relating to the protection of humen health or the environment, including without <br />limitation the Comprehensive Environmentai Response, Corr� iabilit Act of 1980, as amended, 42 <br />U.S.C. Section 9601, et seq. ("CERCLA°1, the Superfund '�.r,Yt�l,��:. �y�t io f 1986, Pub. L. <br />No. 99-499 ("SARA"), the Hezardous Materials Transportati n�qcfir o � � n O,J; et s q., the Resource <br />Conservation and Recovery Act, 42 U.S.C. Section 6901, t s�g�� . ��f�� le �aia'_'�� erel laws, rules, <br />or regulations adopted pursuant thereto. ���• - <br />Event of Default. 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 />Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, <br />concentration 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 substances, materials or waste as defined by or listed <br />under the Environmental Laws. The term "Hazerdous 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 />mobile homes affixed on the Real Property, facilities, 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, modiflcations of, <br />consolidations of and substitutlons 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 Truat, together with interest on such amounts es provided in this Deed of Trust. <br />Specifically, without limitation, Indebtedness includes the future advances set forth in the Future Advances <br />provision, together with all interest thereon and all amounts that may be indirectly secured by the <br />Cross-Collateralization provision of thia Deed of Trust. <br />Lender. The word "Lender° means Exchange Benk, its successors and assigns. <br />Note. The word "Note° means the promissory note dated June 7, 2012 in the original principal amount <br />of $600,000.00 from 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. 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 attached or affixed to the Real Property; <br />together with all accessions, perts, and additions to, all replacements of, and all substitutions for, any of such <br />property; and together with all proceeds (including 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 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, guaranties, security agreements, mortgages, deeds of trust, security <br />deeds, collaterel mortgages, and 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 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 Ning Yang. <br />TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND TRUSTOR <br />AGREES TO ITS TERMS. <br />