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<br /> DEED �F TRUST
<br /> �Cantinued� Page 7
<br /> referen�es to Trustar sha!! mean each and e�ery Trustor. This means that each Trustvr signing below is
<br /> responsibfe fo�akl obliga�ions in this Deed vfi Trust.
<br /> Nv INai�e�by Lender. Lender shall not be deemed to ha�e wai�ed any rights under this Deed of Trust unless such
<br /> wai�er is gi�en in writing and signed by Lender. No deiay ar omission an the part of Lender in exercising any r�ght
<br /> shall operat� as a wai�er of such right vr any other right. A wai�er by Lender of a pra�ision vf this ❑eed of Trust
<br /> shall not prejud�ce or canstitute a wai�er �f L�nder's right otherr►vise ta demand strict complian�e with that
<br /> pro�isivn vr any other pro�ision ❑f this Deed of Trust. No prior wai�er by Lender, nor any cours� of dealing
<br /> between Lender and Trustor, shall constitute a waF�er of any of Lender's rights or vf any of Trustar's ahligations
<br /> as tv any future transactions. Vllhene�er the consent of Lender is required under this Deed o�Trust, the granting
<br /> of such consent by Lender in any instance shall n�t constitu�e c�ntinuing consent to subsequent instances where
<br /> su�h consent is required and in a!I cases such consent may be granted or w�thheld in the sofe discretion of Lender.
<br /> Se�erabili#y. If a cvurt ❑f competent jurisdiction finds any prv�isivn of this Deed af Trust to be illegal, in�alid, ❑r
<br /> unenfo�ceable as to any person or circumstance, that finding shall not make the vffending pra�isivn illegal, in�alid�
<br /> or unenforceahle as ta any other person or circumstance. If feasible, the ❑ffending prv�isivn shall be cvnsidered
<br /> madified sv that it becomes legal, �alid and enforcea�#e. If the ❑ffending pro�isian cannat be so modi�ied. it shalt
<br /> be considered deleted from this aeed ❑f Trust. Unless otherwise required by law, the illegality, in�alidity, or
<br /> unenforceabili�y of any prv�ision of this aeed of Trust shall not affect the legality� �aiidity or enforceability vf any
<br /> other pro�ision of this Deed af Trust.
<br /> Successors and Assigns. Subj�ct to any limitations stated in this Deed ❑f Trust on transfer of Trustor's interest,
<br /> this Deed of T�ust shall he binding upon and inure to the benefit of the parties, their successars and assigns. If
<br /> ownership vf the Prvperty be��mes �ested in a person other than Trustor, L�nder. without nvtice to Trustor, may
<br /> deal with Trustor's successors with reference to this l]eed of Trust and the Indebtedness by way of forbearance or
<br /> extension rrvithvut rel�asing Trustor from the ohligations of this D�ed of Trust or�iability under the Indebtedness.
<br /> Time is of the Essence. Time is of the essence in the perfvrmance of this Deed of Trust.
<br /> Wai�e Jury. All parties to this I]eed vf Trust hereby wai►►e the right to any jury trial in any action. proceeding. or
<br /> counterclaim brought by any party against any oth�r party.
<br /> Wai�er of Hvmestead Exemption. Tru�tar hereby releases and wai�es all rights and benefits of the homestead
<br /> exemption laws of the State af Nebraska as t�all Indebtsdness secured by this Deed of Trust.
<br /> DEFINITI�NS. The following capitalized words and terms shafl ha�e the follvwing m�anings when us�d �n this Deed vf
<br /> Trust. lJnless sp�cifically stated ta the contrary, a�l references tv d�llar amounts shall mean amounts in lawful money
<br /> af the United 5tates of America. Words and terms used in the singular shall inciude the p#ural, and the plural shall
<br /> incfude the singular, as the con��xt may require. Words and terms n�t otherwise defined in this Deed of Trust shall
<br /> ha�e the meanings attributsd to such terms in the Uniform Commercial Cvde:
<br /> Beneficiary. The word "genef�c�ary" means Exchange Bank, and its successvrs and assigns.
<br /> Borrower. Th� word "Barrawer" means RAYMDND J. �'CONN4R REVOCABLE LIVING TRUST and JENNIFER S.
<br /> Q'C�NNOR REVDCABLE LIVING TRUST and includes all co-signers and �o-makers signing the Nate and ail their
<br /> su��essvrs and assigns.
<br /> �eed vf Trust. The words "Deed of Trust" mean this ❑eed v# Trust among Trustor, Lender, and Trustee, and
<br /> includes without limitation a!i assignment and security interest pra�isions relating to the Personal Property and
<br /> Rents.
<br /> Default. The wo�d "D�fault" means the Default set forth in this Deed of Trust in the section titfed "Default".
<br /> En�ironmental Laws. The words "En�iranmentai Laws" mean any and all state� fedst�al and local statutes,
<br /> regulations and ordinances relating tv the prote�tion of human health or th� en�ironment, including without
<br /> limitation the Comprehensi�e En�ironmental Response, Compensatian, and Liabil�ty Act vf 198�, as amended, 4�
<br /> U.5.C. Section 3��1. et seq. �"CERCLA"�, the Superfund Amendments and Reauthorization Act af 1986. Pub. L.
<br /> No. 99-493 {"SARA"y, the Hazardous Mat�ria#s Transportation Act� 49 �.S.C. Section 18�1, et seq.,the Resaur�e
<br /> Cvnser�atian and Recv�ery A�t, 4� U.S.�. 5e�tion 5901. et seq., or other applicable state or federal laws, rules,
<br /> vr regulativns adopted pursuant thereto.
<br /> E�ent of Default. The words "E�ent of Default" mean any vf the e�ents af default set farth in this Deed ofi Trust in
<br /> the e�ents vf default se�tian of this �eed of Trust.
<br /> Guarantar. The word "Guarantor" means any guarantor, surety. vr ac�vmmodation party of any or al! of the
<br /> Indebtedness.
<br /> Guaranty. The word "Guaranty" means the guaranty #�om Guarantor tv Lender, including withvut limitation a
<br /> guaranty of all or part of th� Note.
<br /> Haiardous 5ubstances. The words "Hazardous Substances" mean materials that. because vf their quantity,
<br /> �oncentrativn �r physical� chemicai or infectious characteristics. may cause or pose a pres�nt or potentia! hazard
<br /> to human health or the en�ironment when improperly used, treat�d. stared. disposed of, generated, manufactured,
<br /> transparted or otherwise handl�d. The words "Hazardvus 5ubstances" are used in their�ery broadest sense and
<br /> include without limitatian any and all ha�ardous or toxic sut�stances, materials or waste as defined by �r listed
<br /> under the En�ironmental Laws. The term "Hazardous 5ubstances" alsv includes, without limitation, petroleum and
<br /> pe�roleum by-products vr any fractian thereaf and asbestas.
<br /> Impro�emen#s. The word "Impro�ements" means all existing and future impro�ements, hui�dings, structures,
<br /> mobile homes affixed vn the Real Property, facilities, additivns, replac�ments and other construction on the Real
<br /> Property.
<br /> lndeb#edness. The word "Indebtedness" m�ans a!I principal, interest, and other amounts, costs and expenses
<br /> payabie under the Note or R�lated ❑ocuments, together with all renewals of. extensivns �f, modifications of.
<br /> conso�idations of and substitutians for the Nate a� Refated Documents and any amaunts expend�d or ad�anced by
<br /> Lender to discharg� Trustor's obligations or expens�s incurr�d by Trustee or Lender to enfiorce Trustor's
<br /> obligations under this Deed of Trust, tvgether with interest on such amounts as pro�ided in this Deed v� Trust.
<br /> 5pecifi�ally, withvut limitation, Indek�tedness includes the future ad�ances set forth in the Future Ad�ances
<br /> prv►►isian, together w+th all interest thereon and all amounts that may be indirectiy secured hy the
<br /> Cross-Collateralization pro►►isivn vf this ❑eed of Trust.
<br /> Lender. The word "Lender" means Exchange Bank, its successors and assigns.
<br /> IVote. The word "Note" means the pr�missvey note dated Apri� 1, 2�15, in ths original principai amount of
<br /> $�.���.���.�� from Trustor to Lender, together with all renewals of. extensions of. madificat�ons of,
<br /> refinancings of, consolidativns of, and substitutions fa�the promissory note ar agreement. N�TiCE TD TRUST�R:
<br /> THE N�TE CDNTA�NS A VARIABLE 1NTEREST RATE.
<br /> Person�l Prvperty. The words "Personal Property" mean all equipment. fixtures. and other articies of personal
<br /> prvperty now ❑r hereafter awned by Trustor, and nvw vr hereafter attached ❑r affixed to the Real Property;
<br /> tvgeth�r with all accessivns, parts, and additivns to, all replacements of, and all substitutions fvr, any of such
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