� , . .
<br />DEED OF TRUST � o�- 2 0 6 7� 0
<br />(Continued) Pag� 7
<br />Time is of the Essance. Time is of the essence in the performance of this Deed of Trust.
<br />Waive Jury. All parties to this Deed of Trust hereby waive the right to any jury trial in any ection, proceeding, or
<br />counterclaim brought by any party agatnst any other party.
<br />Waiver of Homestead Exemption. Trustor hereby releases and weives all rights and benefits of the homestead
<br />exemption laws of the State of Nebraska as to all lndebtedness secured by th(s Deed of Trust.
<br />DEFINITIONS. The following capitelized words end terms shell have the following meanings when used in this Deed of
<br />Trust. Unless speciflcally steted to the contrary, all references to dollar emounts shall mean emounts in lewful 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 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 CITIZENS BANK & TRUST COMPANY, and its successors and assigna.
<br />Borrower. The word "Borrower" means JACK R ARMSTRONG and includes all co-signers and co-makers sign(ng
<br />the Note and all their successors end assigns.
<br />Daed of Trust. The words °Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, end
<br />includes without limitation all assignment and security interest provisions relating to the Personal Property and
<br />Rents, __ _
<br />Default. The word °Defeult° means the Default set forth in this Deed of Trust in the section titled °Default°.
<br />Environmental Laws. The words °Environmental Laws" mean any end all atate, federal and local statutes,
<br />regulations end ordinances relating to the protection of human health or the environment, including without
<br />limitation the Comprehensive Environmental Responae, Compensation, and Liability Act of 1980, as amended, 42
<br />U.S.C. Section 9601, et seq. (°CERCLA°l, the Superfund Amendments end Reauthorization Act of 1986, Pub. L.
<br />No. 99-499 ("SARA"), the Hezardous Materials Trensportation Act, 49 U.S.C. Section 1801, et seq., tha Resource
<br />Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federel laws, rules,
<br />or regulations 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 detault section of this Deed of Trust.
<br />Guaranty. The word "Guaranty" means the gueranty from guarantor, endorser, surety, or accommodation party to
<br />Lender, including without limitation a guaranty of all or pert of the Note.
<br />Hazardous Substances. The words °Hazardous Substances° mean materials that, because of their quantity,
<br />concentretion or physical, chemical or infectious characteristics, mey cause or pose a present or potential hezerd
<br />to human health or the environment when improperly used, treated, stored, d(sposed of, generated, manufactured,
<br />transported or otherwise handled. The words °Hazardous Substances° are used in their very broedest sense and
<br />include without limitation any and all hazardous or toxic substances, materiels or waste as defined by or listed
<br />under the Environmental Laws. The term "Hazardous Substences" also includes, without limitet(on, 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, facilities, edditions, 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, modiflcetions of,
<br />consolidetions 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 />obligationa under this Deed of Trust, together with interest on such amounts as provided in this Deed of Trust.
<br />Specificelly, 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 />Lander. The word °Lender" means CITIZENS BANK & TRUST COMPANY, its successors and assigns.
<br />Note. 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, extansions 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 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 ell accessions, 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 sale or other disposition of the Property.
<br />Property. The word °Property" means collectively the Real Property end the Personal Property.
<br />Roal Property. The words "Real Properry° mean the real property, interests end 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, guaranties, security agreements, mortgages, deeds of trust, security
<br />deeds, collateral mortgages, end all other instruments, agreements end documents, whether now or hereafter
<br />existing, executed 'in connection with the Indebtedness.
<br />Rents. The word `"Rents° means all p'resent and future rents, revenues, (ncome, iss4es, royalties,. profits, and
<br />other benefi'ts derived irom 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 HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AIVD TRUSTOR
<br />ACiREES TO ITS TERMS.
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