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2012059��
<br />DEED 4F TRUST
<br />(Continuedf Paga 7
<br />3ucae�sars and Assigns. Subject to any flmitatlons steted In this Deed of Trust an transfer of Trustor's Intereat,
<br />this Deed af Trust shall be binding upon and Inure to tha benefit of the partles, thelr successore and assigns. If
<br />ownership of the Property becomes vosied in a person other than Trustor, Lender, wlthout notfce to Trustor, mey
<br />deel wfth Trustor's suocesaors with reference to this Deed of Trust end the Indebtedness by way of forbearance or
<br />exter�sion withoui relsasing Trustcr from the ob{igations of thla Deed af Trust or liabi[ity under the indebtedneas.
<br />Tlme is of the Essence. Time ia of the esaence ln the performance of this Deed of Trust.
<br />Waive Jury. All pardes to thts Daed of Trust hereby waive the rtght to any Jury tHal in a�r act4on, proceed(ng, or
<br />aeucrterelaim brought by any party egainst eny other party.
<br />Waiver of Homestead Exemption. Trustor hereby releases and wetves all rights and beneflta of the homestead
<br />exemption laws of the State of Nebraske as to afl Indebtednesa aecured by thts Deed of Trust
<br />D�IIVITIONS. The follaw+ing capitatized worde and te�ms shall have tha followirtg meanings when used in this Deed of
<br />Trust. Unless spe�fically stated to the conuary, aU references to doqar emouMS ahali mean amounts fn lawful money
<br />of the United 3tates of America. Words end 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 othe►wise dsfined in thia Deed of 7rust shall
<br />have the meanfngs amibuted to such torms tn the Uniform Commerciel Coale:
<br />Beneficlary. The word "Beneflc(ary" means Exchange Bank, and ita auccessors end assEgns.
<br />Borrower. The word "Borrower" means ENCINC�ER ENTERPfiISES, L.L.C. and includes ell oo-sigrters and
<br />co-makers slgning the Note and alI thelr succeasors and assigns.
<br />Deed of Tn�st. 7t►e words "Deed of Frust" mean Chls Deed of Trust among 7ruator, Lender, and Trustee, and
<br />Includes without limitetion all assignment and security interast provisions relating to the Personal Praperty and
<br />Rents.
<br />Default. The word °Default" means the Default set forth in this Deed of Trust In the section titled "Defeult".
<br />Environme�el Laws. The words °Environmentel Lawa" mean eny and all etate, federel and local statutea,
<br />regulations and ordlnanoes relating to the proteotion of human health or the envfronment, including wlthout
<br />Ilmitetlon the Comprehensive Envtronmental Response, Compensation, artd UabilEty Aat of 198d, as amended, 42
<br />U.S.C. Sectlon 9601, et seq. {"CERCLA"}, the Superfund Amendrr�ents and Reautho►izatfan Act of 7986, Pub. L.
<br />No. 99-499 1"SARA°), the Hazardous Materials Trensportetton Act, 49 U.S.C. Sectlon 1801, et seq., the Resourae
<br />Canservation and Recovery Act, 42 U.S.C. Section 8901, e,t seq., or other appliceble state or federal lawa, rulea,
<br />ar regulations adopted purauant thereto.
<br />Eveot of D�fault. 7he words "Event of Default° mean eny of the events of defautt set forth In this Deed af Trust In
<br />the evente of dafault section of this Qeed of 7rust.
<br />Guaranty. T'he word "Guaranty° meens the guaranty from guerantor, endorser, aurety, or accommodation party to
<br />Lender, Including without [imitatEon a guaranty of all or part of the Note.
<br />Hazardous Substanses. The worda "Flazardous Substanoes" mean materials that, because of their quentity,
<br />conaentration or physical, chemical or Infectloue charaoteristics, may cause or pose a pressnt or potential hazard
<br />to human health or the environment when improperly used, treated, stored, disposed of, generated, manutactured,
<br />tranaported or otherwise handled. The words °Hazardous Substances" are used in their very broadest aense and
<br />inciude without Itmitatlon any and all hazardoua or toxic substances, matertals or waste as defined by or listed
<br />under the Environmerrtat Laws. The term "Hazardous Substencea" also includes, without lim(tetion, petroleum and
<br />petroleum by-products or any fractlon thereof and asbestos.
<br />Improveme�. The word °Improvements" means eU ex(sting and ftrture improvements, buitdings, struotures,
<br />mobile homes affixed on the Real Property, facUities, addiilons, replaoements and other conatruction on the Reel
<br />Propetty.
<br />Indebtedness. The word "Indebtedness" means all p�incfpal, tnterest, and other amounts, coats end expenses
<br />payable undar tha Note or Related Doouments; together with aN re�wals of, e�ctensio� of, modificationa of,
<br />conaolidations ot and substhutions for tha Note or Related Doouments end any amounts expended or edvenaed by
<br />Lender to dlacharge Trustor's obiigat3ons or expenses lncurred by Trustee or Lender to enforae 'Frustor's
<br />obligationa under this Deed of 7rust, together with intereat on auch emounts as provided in this Deed ot 1'rust.
<br />Specifically, wlthout limitation, lndebtednesa (ncludes the future advances set forth in the Future Advances
<br />provision, togethar with all interest thereon and all amounts that may ba indi�ectly secured by the
<br />Cross-Gollateralization pravision of this Deed of Truat.
<br />Lender. The word °Lender" means Exchange Bank, tts sucoessors and aesigns.
<br />Note. 7he word °Note" means the promlaso►y note datad July 18, 2012, i[t the origin8l prinCipsl 8thou�lt
<br />of $S2 ,OOO.QO from Trustor to Lender, tagether with all renewals of, extensions of, modtfioailons of,
<br />reflnencings of, cansotidatians of, and substitutiorre for the pramissory note or agreement. NOT{CE TO TRUSTaR:
<br />T}fE NOTE COIVTAINS d VARIABLE INTEREST RATE.
<br />Personal Praperty. The words 'Personal Properry" mean ell equipment, fixtures, and other articlea of personal
<br />property now or hereafte� owned by Trustor, and now or hereafter ettached or affixed to the Real Properry;
<br />together wtth all accesslons, parta, and edditiona to, all replaaements of, and all aubstitutions for, any of such
<br />property; and together with all prooeeds (including whhout Hmitation all Insu�ance proceeds and refunds of
<br />premlums) from any sale or other disposhion of the Property.
<br />Property. The word "Properry" means coUectively the Raal Property and the Personal Proparty.
<br />Reffi Propeety. 7he words "Real Property" mean the real property, interests and righta, as further described in this
<br />Dsed of Trust.
<br />Related Documents. The words "Related Dooumenta" mean all promissory notes, credit agrsemente, toan
<br />agreements, environmental agreements, guaraMles, seourity agreements, mortgagae, deeds of trust, securlty
<br />deeds, collateral mortgages, and aU other tnstruments, egreemerrcs and doouments, whether now or hereafter
<br />existing, executed 1n connection with the Indebtednesa.
<br />Eierrts. The word °Rents° means all present and future rerits, ravenues, income, issues, royaltfes, profits, and
<br />other benefits derived from the Property.
<br />Trustee. The word "Trustea" means Exohange Bank , whoae addresa Is PO Box 6793, Grand Island, IVE 688d2
<br />and any subsxitute or successar truatees.
<br />Trustor. The word °Trustor" means ENCINGF1i ENTERPRlSE3, I..L.C..
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