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<br /> � ��14���9�
<br /> DEED �F TRUST �
<br /> Loan Na: 35��1��97 {�[]rltirlued� Page 7
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<br /> shall operate as a wai�er of such right or any vther right. A wai�er by Lender of a prv�isian of this Deed of Trust
<br /> shall nvt prejudice or cons�itute a wai�er of Lender's right otherwise to demand str�ct compliance with that
<br /> pro�ision or any other pro�ision ❑f this Deed of Trust. No prior wai�er by Lender; nor any course of dealing
<br /> between Lender and Trustor, shalf constitute a wai�er of any of Lender's rights or of any of Trustor's obligations
<br /> as t� any future transactions. Whene�er the consent of Lender is required under this Deed ❑f Trust, the granting
<br /> � vf such consent by Lender in any instance shall not cvnstitute continuing consent to subsequent instances where �
<br /> such�onsent is required and in all cas�s such Gonsent may be granted or withheld in the svle discretion of Lender,
<br /> 5e�erability. �f a cvurt of competent�urisdic�ion �inds any prv��sion of this Deed af Trust to be illegai, in�alid, or
<br /> unenforceabfe as to any circumstance, that finding shall not make the vffending pro�ision illegal, in�alid, or
<br /> unenforceabie as �a any other circumstance. I� feasible, the vffending pro�ision shall be considered modified so
<br /> that �t becomes legal, �alid and enfvrceable. If the offending pro�ision cannot be sv modified, it shall he
<br /> considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, in�alidity, or
<br /> unenforceahility of any pro�ision af this Deed of Trust shall not affect the legality, �alidity or en#arceahility of any
<br /> other pra�ision�f this Deed of Trus�.
<br /> Suc�essars and Assigns. 5ubject to any I�mitations stated in this Deed of Trust on transfer o�Trustor's interest,
<br /> this Deed ot Trust shall be binding upon and inure to the henefit o# the parties, their successors and assigns. I�
<br /> ownership af the Property becomes �ested in a person �ther than Trustor, Lender, without noti�e t� Trustor, may
<br /> deal with Trustvr's successors with reference to this Deed vf Trust and the Indebtedness by way of forb�arance or . .
<br /> extensivn without releasing Trustor from the obligativns of this ❑eed�f Trust or lia�ility under the lndebtedness. �
<br /> Time is of the Essence. Time is of the essence in the perf�rmance of this Deed of Trust.
<br /> Vllai�e Jury. All par#ies to this []eed of Trust hereby wai�e the right tn any jury trial in any action, proceedin�, or
<br /> cvunterclaim brought hy any party against any vther party.
<br /> Wai�er of Homestead Exemption. Trustor hereby releases and wai�es a!I rEghts and benefits af the homestead
<br /> exemption �aws v#the 5tate�f Nebraska as to all Indebtedness secured by this Deed of Trust.
<br /> ❑EF�N�TIQNS. The #ol�vwing capitalized w�rds and terms sha11 ha�e the #ollowing meanings when used in this ❑eed of
<br /> Trust. Unless speCi#ically stated to the contrary, all referenc�s to dvllar amaunts shafl mean amounts in lawful money
<br /> of the United States o# America. Words and terms used in the singular shall include the plural, and �he plural shal!
<br /> include the singuEar, as the context may require. Words and terms not otherwise defined in this Deed of Trust shall
<br /> ha�e the meanings attrihuted t� such terms in the �nifarm Commercial Code: ,
<br /> Beneficiary. The wvrd "B�neficiary" means Ameri�an National Bank, and its successors and assigns.
<br /> Bvrrvwer. The wvrd "Borrvwer" means Buehfsr Properties, LLC and includes afl co-signers and co-makers sign�ng
<br /> the Note and all their successors and assigns.
<br /> Deed of Trust. The wo�ds "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and
<br /> includes withaut limitation al! assignment and security inte�est prv�isions relating to the Personal Property and -
<br /> Rents.
<br /> aefault. The word "Default" means the Default s�t fvrth in this Deed o�Trust in the sectian titled "Default".
<br /> En�irvnmental Laws. The wards "En�iranmental Laws" mean any and all state, �ederal and local sta�utes,
<br /> regulations and vrdinances relating ta the protection of human health or the en�ironment, includ+ng withvut
<br /> limitation the �ompreh�nsi�e En�ironmental Response, Compensation, and Liability Act af i 9$�, as amended, 4�
<br /> 11.S.C. 5ect+on 9G41, et seq. �"CERCLA"y, the Superfund Amendments and Reauthorization Act of 19$6, Pub. L.
<br /> No. 99-499 {"SARA"f, the Hazardvus Materials Transportatian Act, 49 Lf.S.C. Section 1841, et seq., the Resource
<br /> Cvnser�ativn and Reco�ery Act, 42 IJ.S.C. 5ectivn 69�1, et s�q., or other applicable sta�e or federal laws, rules,
<br /> ar regulati�ns advpted pursuant thereto.
<br /> E�ent of Default. The wards "E�ent of Default" mean any of the e�ents of default sei forth in�his Deed ❑f Trust in
<br /> the e�ents of default section of this Deed of Trust.
<br /> Guarantor. The word "Guarantor" means any guarantor, surety, ar accvmmodat�on party of any vr afl of the
<br /> Indebtedness.
<br /> Guaranty. The word "Guaranty" means the guaranty from Guarantvr to Lender, including without limitation a
<br /> guaranty of all or part vf the Note.
<br /> Haiardous Substan�es. The words "Hazard�us Subs�ances" mean materials that, hecause ❑f their quantity,
<br /> �oncentration or physical, chemical vr infectious characteristics, may cause vr pose a present or potential hazard
<br /> tv human health or the en�ironment when improperly used, treat�d, stored, disposed of, generated, manufactured,
<br /> transpvrted or ❑therwise handled, The words "Hazardous Substances" are used in their �ery broadest sense and
<br /> include without limitation any and a!I hazardous ar taxic su�stances, materials or waste as defined by vr listed
<br /> under the En�iranmenta! Laws. The term "Hazardous Substances" alsa includes, without limitation, petraleum and
<br /> petrvleum by-prvducts-or any fraction thereo#and asbestos.
<br /> Impro�ements. The word "Imp�o��ments" means all existing and future impro�ements, buildings, structures,
<br /> mobile hflmes affixed on the Real Property, faci�ities, additivns, replacements and other construction on the Real
<br /> Property.
<br /> Indebtedness. The ward "Indebtedness" means all principal, interest, and other amounts, costs and expenses
<br /> payable under the Note or Related Documents, together with ail renewals of, extensions of, modifications of,
<br /> cansalidations o�and substitu�ions for the Note or �elated Documents and any amaunts expended or ad�anced by
<br /> Lendsr to diseharge Trustor's ❑bligations ar expenses +ncurred by Trustee vr Lender ta enforce Trustor's
<br /> obFEgations under �his Deed of Trust, together with inter�st an such amounts as pra�ided in this Deed nf Trust.
<br /> 5peci�ically, without limitation, inde��edness includes the future ad�ances set fvrth in the Future Ad�ances
<br /> pro��sion, #ogether w+th all interest thereon and aEE amounts that may be indirectly secured by the �
<br /> Cross-Cvllateralization pro�ision o#this De�d ❑f Trust.
<br /> Lender. The word "Lender" means American National Bank, its successors and assEgns.
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