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; _ DEED OF TRUST ,� �j �. 2 O� O O�
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<br />of such consent by Lender in any instence shall not constitute continuing consent to subsequent instances where
<br />such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender.
<br />Severability. If a court of competent jurlsdlction finds any provision of this Deed of Trust to be illegaf, InvaUd, or
<br />unenforceable as to any person or circumstance, that finding shall not make the offending provision illegal, invalid,
<br />or unenforceable as to any other person or circumstance. If feasible, the offending provision shall be considered
<br />modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall
<br />be considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or
<br />unenforceability of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of any
<br />other provision of thfs Deed of Trust.
<br />Successors and Assigns. Subject to any Umitations 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 essigns. If
<br />ownership of the Property becomes vested in a person other than Trustor, Lender, without notice to Trustor, may
<br />deal with Trustor's successors with reference to this Deed of Trust end the Indebtedness by way of forbearance or
<br />extension without releasing Trustor from the obligations of thts Deed of Trust or liability under the Indebtedness.
<br />Time is of the Essence. Time is of the essence in the performance of this Deed ot Trust.
<br />Waive Jury. All perties to this Deed of Trust hereby waive the right to any jury trial in any action, proceeding, or
<br />counterclaim brought by any party ageinst any other party.
<br />Waiver of Homestead Exemption. Trustor hereby releases and waives all rights end 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 dollar emounts ahall mean amounts in lawful money
<br />of the United States 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 otherwise defined in this Deed of Trust shall
<br />have the meanings attributed to such terms in the Uniform Commercial Code:
<br />Beneficiary. The word "Beneficiary" means Exchange Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means Charles R. Winkler and Doris L. Winkler and includes all co-signers and
<br />co-makers signing tha 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 without limitation all assignment and security interest provisions relating to the Personal Property and
<br />Rents.
<br />Default. Tha word "Default" means the Default set forth in this Dee��SL.-+n�e.�� *itlad-tQ� t".
<br />Environmental Laws. The words "Environmental Laws" mean �ny_�an�l .a116,& �e,� f�d�ral`�and loca statutes,
<br />regulations and ordinances relating to the protection of human rhe�l„xh or �Fie�nvironr�r�en�, ,includin without
<br />limitation the Comprehensive Environmental Response, Compensatte�e,-�L�ii�y�r�,o�_�.$Q, es amended, 42
<br />U.S.C. Section 9601, et seq. ("CERCLA"1, the Superfund Amendments and Reauthorizatlon Act of 1986, Pub. L.
<br />No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1807, et seq., the Resource
<br />Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable stete or federal 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 default section of this Deed of Trust.
<br />Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodatton 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 quentity,
<br />concentration or physical, chemicel or infectious characteristics, may cause or pose a present or potential hazerd
<br />to human health or the environment when improperly used, treated, stored, disposed 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, materials or waste as defined by or listed
<br />under the Environmental Laws. The term "Hazardous Substances" also includes, without Iimitation, 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, additions, replacements and other construction on the Real
<br />Property.
<br />Indebt�dness. 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, modiflcations of,
<br />consolidations of and substitutions for the Note or Related Documents and any amounts expended or advenced 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 T�ust.
<br />Lender. The word "Lender° means Exchange Bank, its successors and assigns.
<br />Note. The word "Note" means the promissory note dated September 24, 2012, In the original principal
<br />emOU11t Of $80,000.00 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 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 accessions, parts, and additions to, all replacements of, and all substitutions for, any of such
<br />property; and together with all proceeds (including without limitetion 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 and the Personal Property.
<br />Real Property. The words "Real Property" mean the real property, interasts 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, guaranties, security agreements, mortgages, deeds of trust, security
<br />deeds, colleteral mortgages, and ell 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 and future rents, revenues, income, issues, royalties, profits, and
<br />other benaflts derived from the Properry.
<br />Trustee. The word "Trustee° means Exchange Bank , whose address is PO Box 5793, Grand Islend, NE 68802
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