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��14����3 <br /> DEED �F TRUST <br /> Loan N�: 11113D53 �Continued} Page 7 <br /> of such consent by Lender in any instance shall not constitute continuin� consent to subsequent instances where <br /> such consent is required and in all �ases such consent rnay be granted or withheld in the s�le discretion of Lender. <br /> 5e�erability. If a court of competent jurisdictian finds any pro�ision of this Deed of Trust to be illegal, in�alid, or <br /> unenfor�eable as to any person or circumstance, that findin� shall not make the affendin� pro�ision illegal, in�alid, <br /> or unenfor�eable as to any other person or circumstance. If feasi�le, the affendin� pro�ision shall be �onsidered <br /> modified so that it be�omes legal, �alid and enforcea�le. If the affendin� pro�ision cannot be so madified, it shall <br /> be �onsidered deleted from this Deed of Trust. Unless ❑therwise required by law, the ille�ality, in�alidity, or <br /> unenforceability of any pro�ision of this Deed of Trust shall not affect the le�ality, �alidity or enforceability of any <br /> other pro�ision of this Deed of Trust. <br /> SLlCCe55�f5 and A551�n5. Subject to any limitatians stated in this Deed of Trust on transfer of Trustor's interest, <br /> this Deed of Trust shall be �inding upon and inure to the benefit of the parties, their su��essors and assigns. If <br /> ownership of the Property be�omes �ested in a person other than Trustar, Lender, without natice to Trustar, may <br /> deal with Trustor's su��essors with referen�e to this Deed of Trust and the Indebtedness by way of forbearan�e or <br /> extension without releasing Trustar from the o�li�ations of this Deed of Trust or liability under the Indebtedness. <br /> Time is of the Essence. Time is of the essen�e in the performance of this Deed of Trust. <br /> INaiWer of Hamestead Exemption. Trustar hereby releases and wai�es all rights and benefits of the homestead <br /> exemption laws of the State of Nebraska as to all Indebtedness se�ured by this Deed of Trust. <br /> DEFINITI�NS. The following �apitalized words and terms shall ha�e the following meanings when used in this Deed of <br /> Trust. Unless specifically stated to the cantrary, all referen�es to dollar amounts shall mean amounts in lawful money <br /> of the United States of America. �lVords and terms used in the singular shall in�lude the plural, and the plural shall <br /> in�lude the singular, as the context may require. �lVords and terms not ❑therwise defined in this Deed of Trust shall <br /> ha�e the meanings attributed to such terms in the Uniform Commer�ial C�de: <br /> Beneficiary. The word "Beneficiary" means First National Bank of Qmaha, and its su��essors and assigns. <br /> Borrower. The word "Borrower" means Michael T. Leaman and Ralisa E. Leaman and in�ludes all �o-signers and <br /> �o-makers signing the Note and all their su��essors and assigns. <br /> Deed of Trust. The words "�eed of Trust" mean this Deed of Trust among Trustar, Lender, and Trustee, and <br /> in�ludes without limitatian all assignment and security interest pro�isions relatin� to the Pers�nal Property and <br /> Rents. <br /> Default. The word "Default" means the ❑efault set forth in this Deed of Trust in the section titled "Default". <br /> En�ironmental Laws. The words "En�ironmental Laws" mean any and all state, federal and Iocal statutes, <br /> regulations and ordinan�es relatin� to the pratectian of human health or the en�ironment, includin� without <br /> limitatian the C�mprehensi�e En�ironmental Resp�nse, Compensation, and Liability Act of 1�80, as amended, 42 <br /> U.S.C. Section �501, et seq. ("CERCLA"}, the Superfund Amendments and Reauthorization Act of 1�85, Pub. L. <br /> No. 99-499 �"SARA"},the Hazard�us Materials Transportation Act, 4� U.S.C. Section 1801, et seq.,the Res�ur�e <br /> Conser�ation and Re���ery Act, 42 U.S.C. Section 5�Q1, et seq., or other appli�able state or federal laws, rules, <br /> or regulations adopted pursuant thereta. <br /> EWent of Default. The words "E�ent of❑efault" mean any of the e�ents of default set forth in this Deed of Trust in <br /> the e�ents of default section of this Deed of Trust. <br /> Existing Indebtedness. The words "Existin� Inde�tedness" mean the indebtedness des�ribed in the Existing Liens <br /> provision of this Deed of Trust. <br /> Guaranty. The word "Guaranty" means the �uaranty from �uarantor, endorser, surety, or accommodation party to <br /> Lender, includin�without limitatian a�uaranty of all or part of the Note. <br /> Hazardaus Substances. The words "Hazardous Substances" mean materials that, be�ause of their quantity, <br /> concentration or physical, �hemi�al or infectivus characteristics, may �ause or p�se a present or potential hazard <br /> to human health or the en�ironment when improperly used, treated, stared, disp�sed of, generated, manufactured, <br /> transported or ❑therwise handled. The words "Hazardous Substances" are used in their �ery �roadest sense and <br /> in�lude without limitatian any and all hazard�us or toxic su�stances, materials or waste as defined by or listed <br /> under the En�ironmental Laws. The term "Hazardous Substances"als� includes,without limitation, petroleum and <br /> petroleum by-products or any fraction thereaf and as�estos. <br /> ImpraWements. The word "Impro�ements" means all existin� and future impro�ements, buildin�s, structures, <br /> mobile h�mes affixed on the Real Property, facilities, additions, repla�ements and other canstructian on the Real <br /> Property. <br /> Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, casts and expenses <br /> payable under the Note or Related ❑ocuments, to�ether with all renev+►als of, extensions of, madificatians of, <br /> consolidations of and substitutians for the Note or Related Documents and any amounts expended or ad�an�ed by <br /> Lender to dis�harge Trustor's o�li�ations or expenses incurred by Trustee or Lender to enforce Trustor's <br /> o�li�ations under this Deed of Trust, to�ether with interest on such amounts as pro�ided in this Deed of Trust. <br /> Specifically, without limitation, Indebtedness in�ludes the future ad�an�es set forth in the Future Ad�ances <br /> pro�ision of this Deed of Trust,to�ether with all interest thereon. <br /> Lender. The word "Lender" means First National Bank of Qmaha, its su��essors and assigns. <br /> Note. The word "Nate" means the promissory note dated September 24, 2014, In the ori�inal prin�ipal <br /> amount �f $2DD,y 73.DD from Trustar to Lender, to�ether with all renev+►als of, extensions of, madificatians <br /> of, refinancings of, consolidations of, and substitutians for the promissory note or agreement. <br /> Personal Property. The words "Personal Praperty" mean all equipment, fixtures, and other articles of pers�nal <br /> property now or hereafter awned by Trustar, and now or hereafter attached or affixed to the Real Property; <br /> to�ether with all a��essions, parts, and additions to, all repla�ements of, and all substitutians for, any of such <br /> praperty; and to�ether with all pro�eeds (including without limitatian all insuran�e pro�eeds and refunds of <br /> premiums}from any sale or other disposition of the Property. <br /> Property. The word "Property" means callecti�ely the Real Property and the Pers�nal Property. <br /> Real Property. The words "Real Praperty" mean the real praperty, interests and rights, as further des�ribed in this <br /> Deed of Trust. <br /> Related Do�uments. The words "Related Dacuments" mean all promissory nates, credit agreements, I�an <br /> agreements, en�ironmental agreements, guaranties, security agreements, mort�a�es, deeds of trust, security <br /> deeds, collateral mort�a�es, and all other instruments, agreements and documents, whether now or hereafter <br /> existin�, exe�uted in connection with the Indebtedness. <br /> Rents. The word "Rents" means all present and future rents, re�enues, income, issues, rayalties, profits, and <br /> other benefits deri�ed from the Property. <br /> Trustee. The word "Trustee" means First National Bank of Qmaha, whase address is 2223 2nd A�e, Kearney, NE <br /> 58848 and any substitute or su��essor trustees. <br />