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DEED OF TRUST 2 Q 12 0 5'7 5 i
<br />(Continued) Pa9e 7
<br />shall operate as a waiver of such right or any other �ight. A wafver by Lender of a provision of this Deed of Trust
<br />shall not prejudice or constftute a waiver of Lender's right otherwise to demand strict compliance with that
<br />provisfon or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of deaUng
<br />between Lender and Trustor, shall constitute a waiver of any of Lender's rfghts or of any of Tn.�stor's obligations
<br />as to any future transacUons. Whenever the consent of Lender is required under this Deed of Trust, the granting
<br />of such consent by Lertder in any instance shall not constitute continuing consent to subsequent instances where
<br />such consent is required and in all cases such consent may be granted or wfthheld in the sole discretion of Lender.
<br />Severablllty. If a court of competent jurisdiction flnds any provision of this Deed of Trust to be illegal, invalid, or
<br />unenforceable as to any circumstance, that flnding shall not rr�ke the offending provision illegal, invalid, or
<br />unenforceable as to any other cfrcumstance. If feasible, the offending provision shall be considered modifled so
<br />that it becomes legal, valid and enforoeable. If the offending provision cennot be so modifled, it shall be
<br />considered deleted from this Deed of Trust. Unless othervvise required by law, the illegality, invalidity, or
<br />unenforceability of any provision of this Deed of Trust shall not affect the legality, validity or enforceabflfty of any
<br />other provlsion 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 partfes, thefr 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 thfs 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 Ifability 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 pardes to thls Deed of Trust hereby waive the right to any Jury trial in any actlon, proceeding, or
<br />courrterclalm brought by any paiiy agalnst any other party.
<br />Walv�r 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 monay
<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 Commercial Code:
<br />Beneflciary. The word "Beneficiary" means GREAT WESTERN BANK, and its successors and assigns.
<br />Borrower. The word °Borrower° means Leona F Kluna and includes all co-signers and co-makers signing the Note
<br />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 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 "Default".
<br />Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes,
<br />regulaUons and ordinances releting to the protection of humen health or the envfronment, includ(ng without
<br />limitation the Comprehensive Environmentat Response, Compensation, and Liability Act of 1980, as emended, 42
<br />U.S.C. Section 9601, et seq. ("CERCLA"), the Supertund Amendments and Reauthorization Act of 1986, Pub. L.
<br />No. 98-499 ("SARA°), the Hazardous Materials Transportatlon Act, 49 U.S.C. Sectfon 1601, 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 regulat(ons 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 limitatfon a guaranty of all or part of the Note.
<br />Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity,
<br />concentratfon or physical, chemical or infectious characteristics, may cause or pose a present or potentfal hazard
<br />to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured,
<br />transported or othervvise handled. The words "Hazardous Substances" are used in their very broadest sense and
<br />include without Ifmitatfon any and all hazardous or toxic substances, mate�lals or waste as deflned by or listed
<br />under the Environmental Laws. The term "Hazardous Substances" also includes, wfthout limitatlon, petroleum and
<br />petroleum by-products or any fraction thereof and asbestos.
<br />Improvements. The word "Improvements° means all exfsting and future improvements, buildings, structures,
<br />mobile homes affixed on the Real Property, facilitfes, addiUons, replacements and other construcUon on the Real
<br />Property.
<br />Indebtedness. The word "Indebtedness" means all princfpal, interest, and other amounts, costs and expenses
<br />payable under the Note or Related Documents, together with all renewals of, e�ctensions of, modiflcetions of,
<br />consolidatlons of and substftutlons for the Note or Related Documents and any amounts expended or advenced by
<br />Lender to discharge Trustor's obl(gations or expenses incurred by Trustee or Lender to eniorce Trustor's
<br />obligations under this Deed of Trust, together with interest on such amounts es provided in this Deed of Trust.
<br />Speciflcally, without flmitation, 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 provfsion of this Deed of Trust.
<br />Lender. The word "Lender" means GREAT WESTERN BANK, its successors and assigns.
<br />Note. The word "Note° means the promfssory note dated July 12, 2012 in the original princlpal amount
<br />of $43 ,000.00 from Trustor to Le�er, togather with all renewals of, extensions of, modifications of,
<br />reflnancings of, consolidations of, and substitutions for tho promissory note or agreement.
<br />Personal Property. The words "Personal Property" mean all equipment, flxtures, and other articles of personal
<br />property now or hereafter owned by Trustor, and now or hereafter attached or a�xed to the Real Property;
<br />together with all accessions, parts, and additfons to, all replacements of, and all substitutions for, any of such
<br />property; and together with all 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 Personal Property.
<br />Real Property. The words "Real Property" mean the real property, fnterests 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, guaran8es, security agreements, mortgages, deeds of trust, security
<br />deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter
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