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DEED OF TRUST 2 012 0 6 7 7 9 <br />(Continued) Page 7 <br />extension without releasing Trustor from the obligations of this Deed of Trust or liabllity under the Indebtedness. <br />Tima is of the Essence. Time is of the essence in the performance of this Deed of Trust. <br />Waive Jury. All perties to this Deed of Truat, hereby waive the right to any jury trial in any actlon, proceeding, or <br />counterclaim brought by any party against any otFier party. • <br />Walver 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 doller emounts shall mean emounts in lawful money <br />of the United States of America. Words and terms used (n the singular shall include the plurel, and the plural shall <br />include the singular, as the context may require. Words and terms not otherwise defined in this Deed of Trust shell <br />have the meanings attributed to such terms in the Uniform Commercial Code: <br />Beneflciary. The word "Beneficiary° means CITIZENS BANK & TRUST COMPANY, and its successors and assigns. <br />Borrower. The word °Borrower" means JACK R ARMSTRONG and includes all co-signers and co-makers signing <br />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, end Trustee, and <br />includes wFthout limitation all assignment end security interest prov{sions relating to the Rersortal Property end <br />Rents. <br />Default. The word "Default" means the Defeult 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 />regulations and ordinances relating to the protection of human health or the environment, including without <br />Ifmitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 <br />U.S.C. Section 9601, et seq. (°CERCLA°►, the Superfund Amendments and Reauthorization Act of 1986, Pub. L. <br />No. 99-499 (°SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource <br />Conservetion and Recovery Act, 42 U.S.C. Section 6901, et seq., or other appliceble stete or federal laws, rules, <br />or regulations edopted pursuant thereto. <br />Event of Default. The words °Event of Default° mean any of the events of defeult 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 eccommodation party to <br />Lender, including without limitation a guerenty of all or part of the Note. <br />Hazardoua Substances. The words °Hazardous Substances° mean materials that, because of their quantity, <br />concentretion or physical, chemical or infectious characteristics, may cause or pose e present or potential hazard <br />to human health or the environment when improperly used, treated, stored, disposed of, generated, manufectured, <br />transported or otherwise handled. The words °Hazardous Substances° are used in their very broadest sense and <br />include without limitetion any and all hazardous or toxic substances, materiels or waste as defined by or listed <br />under the Environmentel Laws. The term °Hazardous Substances° also includes, without limitetion, 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, edditions, replacements and other construction on the Real <br />Property. <br />Indebtedness. The word "Indebtedness" meana 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 />consolidetions of end substitutions for the Note or Related Documents and any emounts expended or advanced by <br />Lender to discharge Trustor's obligations or expenses incurred by Trustee or Lender to enforce Trustor's <br />obligetions 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 edvances set forth in the Future Advances <br />provision, together with all interest thereon and ell amounts that may be indirectly secured by the <br />Cross-Collateralization provision of this Deed of Trust. <br />Lender. The word "Lender" means CITIZENS BANK & TRUST COMPANY, its successors and assigna. <br />IVote. The word "Note" means the promissory note dated August 3, 2012 in the original principal amount <br />of S 19 ,285.00 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. <br />Personal Property. The words °Personal Property" mean all equipment, fixtures, and other erticles of peraonal <br />property now or hereafter owned by Trustor, and now or hereafter attached or affixed to the Real Property; <br />together with all accessions, parts, and additions to, all replacements of, anii all substitutions for, any of such <br />property; end together with all proceeds (including without limitation all insurance proceeds end 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 agreementa, loen <br />agreements, environmental agreements, guarenties, security agreements, mortgages, deeds of trust, security <br />deeds, collateral mortgages, and a11 other instruments, agreements and documents, whether now or hereafter <br />existing, executed in connection with the Indebtedness. <br />Renta. �he vnord p RQRIJ p means all`present and future rents, reventaes, income, issues, royalties, profits, and <br />other benefits derived from the Property. <br />Trustee. The word °Trustee" 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 R ARMSTRONG. <br />TRUSTOR ACKNOWLEDGES iiAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND TRUSTOR <br />AGREES TO ITS TERMS. <br />; <br />