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DEED OF TRUST ��' -� � U Q y,'� (j
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<br />modified so thet 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 lew, the illegality, invalidity, or
<br />unenfocceability of any provis(on of this Deed of Trust shall not effect the legality, validity or enforceability of any
<br />other provision of this Deed of Trust
<br />Successors and Assigns. Subject to any limhat(ons 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, may
<br />deal with Trustor's successors with reference to th(s Deed of Trust and the Indebtedness by way of forbearance or
<br />extension without releasing Trustor from the obligat(ons 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 />Watve Jury. All parties to this Deed of Trust hereby wafve the right to any jury trial in any action, proceedtng, or
<br />counterclaim brought by any party against any other party.
<br />Waiver of Homestead Exemption. Trustor hereby releases and weives ell 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 (n 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 singuler, es the context mey require. Words and terms not otherwise defined in this Deed of Trust shall
<br />have the meariings attributed to such terms in the Uniform Commercial Code:
<br />Benaflciary. The word °Beneficiary" means CITIZENS BANK & TRUST COMPANY, end its successors and assigns.
<br />Borrower. The word °Borrower" means MICHAEL J MEINECKE and JENNIFER S MEINECKE and includes all
<br />co-signers and 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 without limftation 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 "Default°.
<br />Environmental Laws. The words "Envfronmental Laws" mean any and all state, federal and local statutes,
<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"1, the Superfund Amendments and Reauthorization Act of 1986, Pub. L.
<br />No. 99-499 (°SARA"1, the Hazardous Materials Trensportation Act, 49 U.S.C. Section 1801, et seq., the Resource
<br />Conservation end Recovery Act, 42 U.S.C. Section 6901, et seq., or other applfcable state or federal laws, rules,
<br />or reguletions edopted 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 guarenty 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, genereted, menufactured,
<br />transported or otherwise handled. The words "Hazardous Substances° are used in their very broadest sense and
<br />include without limitation any and ell hazardous or toxic substances, meterials 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 />Improvemants. The word "Improvements° means all existing and future improvements, buildings, structures,
<br />mobile homes affixed on the Real Property, faciUties, addttfons, 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 advenced by
<br />Lender to discherge Trustor's obligations or expensas 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 limitetion, 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-Colleteralization provision of this Deed of Trust.
<br />Lender. The word "Lender° means CITIZENS BANK & TRUST COMPANY, (ts successors and assigns.
<br />Note. The word "Nota" means the promissory note dated May 26, 2012 in the original principal amount
<br />Of $100,000.00 from Borrower 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 "Personel Property" mean all equipment, fixtures, and other articles of personal
<br />property now or hereaiter owned by Trustor, and now or hereafter attached or affixed to the Real Property;
<br />together with all accessions, parts, and edditions to, all repiacements of, and all substitutions for, any of such
<br />property; and together with all proceeds (including without 1(mitation all fnsurance proceeds and refunds of
<br />premiums) from any sale or other dispoaition 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, es further described in thls
<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, coilateral 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, end
<br />other benefits derived from the Property.
<br />Trustee. The word °Truatee" means CITIZENS BANK & TRUST COMPANY, whose address is 721 7TH ST - PO
<br />BOX 385; ST PAUL, NE 68873 end any substitute or successor trustees. �
<br />Trustor. The word "Trustor" means Jack W Meinecke and Beverly K. Meinecke.
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