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� , . . <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. <br />