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<br />DEED OF TRUST
<br />(Continued)
<br />Page 7
<br />be considered deleted from thts Deed of Trust. Unless otherwise requlred by law, the illegality, invalidity, or
<br />unenforceability of any provision of this Deed of Trust shall not affect the IegeUty, validlty or enforceability of eny
<br />other provision 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 parties, their successors and assigns. If
<br />ownership of the Property becomes vested in a person other than Trustor, Lender, without notica to Trustor, may
<br />deal with Trustor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearence or
<br />extension 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 thls Deed of Trust.
<br />Waive Jury. All parties to thls Deed of Trust hereby waive the right to any jury trial tn any action, proc�eding, or
<br />counterclalm brought by any party against any other party.
<br />Waiver of Homestead Exemptlon. Trustor hereby releases and waives all rfghts 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 shell have the following meanings when used in this Deed of
<br />Trust. Unless specificelly stated to the contrery, all references to doller amounts shall mean amounts in lawful money
<br />of the United States of America. Words and terms used in the singular shall fnclude 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 Bank, and its successors and assigns,
<br />Borrower. The word °Borrower" means DUSTIN HASSELMANN and KAYLA HASSELMANN end 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 limitetion all assignment and security interest provisions relating to the Personal Properry end
<br />Rents.
<br />Default. The word "Default" means the Defeult set forth in this Deed of Trust in the section titled °Default°.
<br />Environmerrtal Laws. The words °Environmental Lews° mean any and all state, federal end local statutes,
<br />regulations and ordinances relating to the protection of human health or the environment, including without
<br />limitation the Comprehensive Environmental Response, Compensetion, 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 />Na 99-499 (°SARA°1, the Hazardous Materials Transportation Act, �^�°��^-'! 8 O1- q se ., the Resource
<br />Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., ", '�p�se�l a s, rulea,
<br />or regulations adopted pursuant thereto. �g��.�E�'9�� ��
<br />� � �a . , o ��� �.:
<br />Event of Default. The words "Event of DefauR" mean any of the e s;b�e� f Trust in
<br />the events of default section of this Deed of Trust. a
<br />Quaranty. The word °Guaranty" means the guaranty from guarantor, endorser, surety, or eccommodatlon 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 otherwlse handled. The words "Hazerdous Substances" are used in their very broedest sense end
<br />include without limitation any and ell hazardous or toxtc substences, materials or weste as defined by or Usted
<br />under the Environmental Laws. The term °Hazerdous Substances° also includes, without limitation, peuoleum and
<br />petroleum by-products or any fraction thereof end asbestos.
<br />Improvements. The word "Improvements" means all existing end 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 amoun2s, costs and expenses
<br />payable under the Note or Related Documents, together with all renewals of, extensions of, modiflcationa 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 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, together with all interest thereon and all amounts that may 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 assigns.
<br />Note. The word °Note° means the promissory note dated July 13, 2012 in the original principal amount
<br />of 535 ,000.00 from Trustor to Lender, together wfth all renewals of, extensions of, modifications of,
<br />refinancings of, consolidations of, and substitutions for the promissory note or egreement. 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 accessfons, parts, 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 sele or other disposition of the Property.
<br />Property. The word °Property° means collectively the Real Property and the Personal Property.
<br />Real P�operty. 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, guarenties, security agreements, mortgages, deeds of trust, security
<br />deeds, collateral 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 end future rents, revenues, income, issues, royalties, proflts, and
<br />other benefits derived from the Property.
<br />Trustee. The word "Trustee" means Exchenge Bank , whose address is PO Box 5793, Grand Island, NE 68802
<br />and any substitute or successor trustees.
<br />��p 1�4�5� 1 �
<br />Trustor. The word "Trustor° means DUSTIN HASSELMANN end KAYLA HASSELMANN.
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