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2� 1 ��79�2
<br /> DEED �F TRUST
<br /> �Cantinuedj Page 7
<br /> Amendments. This Deed of Trust,tvgether with any Relat�d Docum�nts, cons�itutes the entire und�rstanding and
<br /> agreement o#the parties as tv the matters set farth in th�s ❑eed o#Trus#. No alteration of vr amendment to this
<br /> Deed o#Trust shall be sffecti�e unless gi�en in writing and signed hy the party or p�rties sought to be charged or
<br /> b�und by the a�teration or amendment.
<br /> Annual Reports. If the Prop�rty is used for purp�ses other #han Trustvr's residence. Trustor shall fucnish to
<br /> Lender, upan request, a �ertified statement of net opera#ing in�ome recei�ed from the Property during Trustar's
<br /> pre�i�us fis�al year in such form and detai! as Lender shall requ'rre. "Net operating income" shail mean all cash
<br /> receipts from the Property less all cash expenditures made�n connection with the operation of the Pr�perty.
<br /> C�ption Haadings. Caption headings �n this Deed of Trust are for �on►►enien�e purposes only and are nat to be
<br /> used to interpret or defins the pro�isions of this Deed of Trust.
<br /> IlAerger. There sha�ll be na merger of the interest or estate cre�ted by this Deed of Trust with any ather interest�r
<br /> estate in�he Prvperty at any�ime held by or far the henefit af Lender in any cape�ity. without the wri�ten cvnsent
<br /> of Lende�.
<br /> Go�erning Law. This Dead of Trust will be �o�erned by federal law appli�able to Lendar and. to th� extent nat
<br /> presmpted hy federal law,the laws a#the 5tate vf Nedr�sk�without regard to its�vnflicts of law pro�isions. Th�s
<br /> Deed of Truat h�s been accep#ed by Lender in the 5tate of Nebraska.
<br /> Chvice of Venue. I#there is a lawsuit, Trustor agrees upon Lende�'s reques# to suhmit t❑ the jurisdi�tivn of the
<br /> cour#s nf Hall �ounty, State of Nebraska.
<br /> Na Wai►►er by Lendsr. Lender shall not be deemed to ha►►e wai�ed any rights under this �eed of Trust unless such
<br /> wai�er is gi�en in w�iting and signed by L�nder. No deley or omission on the part❑f Lender in exercising any right
<br /> shall operate as a wai�er of such right ar any other right. A wai�er by Lender of a pro�ision of this Deed o#Trust
<br /> sha�l not prejudice or constitute a wai�er of Lander's right o�herwise ta dernand stric# complianc� with tha�t
<br /> �rv�is�vn ar any vther pra►►ision v# this De�d of Trust. No prior wai�er by Lender, nor any course of dgaling
<br /> betw�en Lend�r and Trustor, shall cvnstitute a wai�er of any of L�nder's rights or of any of Trustvr's vhligations
<br /> as to any #uture transactivns. Whene�er the consent af Lender is required under this Deed of Trust, the granting
<br /> of such consent by Lender in �ny instance shall nvt constitute continuing cvnsent to subsequent instan�es where
<br /> such consent is required and in all cases such consent may#�e granted or withheld in the sole discretion of L�nder.
<br /> 5e�erability, If a caurt of competent jurisdiction finds any pro�ision of this Deed ❑f Trust tv be ill�gai, in►►alid, vr �
<br /> unen#orceable as to any cir�umstance, that finding shaf� not make the offending pro�ision i�legal, in�alid, or
<br /> unenfnrceable as to any other cir�umstance. �f feasible, the offending prv�ision shall be considered modified so
<br /> that it becomes legai, �alid and enfarceabl�. If the offending pro�ision cannot he sv modified, it shaff he
<br /> considered deleted from this Deed af Trust. Unless vtherwise r�quired by law, the illegality, in�alidity, or
<br /> unenfvrceability of any pro�ision of this Deed of Trust shall not affect the legality. �alidity or enforceability of any
<br /> other pro�ision of this Deed af Trust.
<br /> 5uccassars and Assi9ns. Suk�ject t� any limitations stated in this Deed vf Trust on transfer of Trustvr`s interest,
<br /> this ❑eed of Trust shal! be binding upvn and inure to the benefit of th� parties, their successors and assigns. If
<br /> ownership o�the Property becomes vested in a persan other than Trustor. Lender� with�ut nvtice to Trustor, msy
<br /> deal with Trustor's successors with reference t❑this Deed of Trust and the indebtedness by way v#forhearan�e vr
<br /> extensivn withaut relgesing Trust�r from the ohligations of this Deed❑f Trust❑r liahility under the Indebtedness.
<br /> Time is of the Essen�a. Time is vf the essence�n the performance af this Deed of Trust.
<br /> Vllai�e Jury. All parties to this Deed vf Trust hereby w�i►►e#he righ##o any jury trial in�ny e�tian. proceeding. vr
<br /> caur�tercleim brought by any party against eny other party.
<br /> VHai�er af Homestead Exemption. Trustvr hereby releases and w�i�es all rtgh�s and benefits of the homestead
<br /> exemptivn laws of th�5tate of Nebraska as to al� Indehtedness secured hy this Deed of Trust.
<br /> DEFlNIT��NS. The following capitalEzed wards and terms shall ha�e ths follvwing msanings whsn used in#his Deed of
<br /> Trust. lln�ess specitically stated to the �ontrary, a�! references to dollar amounts shall mea� amounts in lawful money
<br /> vf the lJnit�d States of America. Words and terms used in the singular sha�� include the plural. and the pfural shall
<br /> include the singular, as the �on#ext may require. Vllords and terms nat atherwise defined in #his Deed of Trust shell
<br /> ha�e the m�anings attrihuted to such terms in the Uniform�ommerc�al Code:
<br /> Beneficiary. The word "8eneficiary" means Exchange Bank. and its successors and asstgns.
<br /> Barrower. The ward "Borrower" means Edwards Building �Co�p ar�d includes all co-signers and co-makers signing
<br /> the Nate and a�f their su��es5ors and assigns.
<br /> Desd of Trust. The words "Deed of Trust" mean this f]eed of Trust among Trustor, Lender, and Trustee, and
<br /> includes without limitation all assignment and security interest prv►►isions reiating to the Personal Property and
<br /> Ren#s.
<br /> Defeult. The word "Def�ult" means th��efault se�forth in this Deed vf Trust in the section titled "�efauit".
<br /> En►►iranmen#al Laws. The words� "En�ironmen#al Laws" mgan any and all state, federel and local statutes,
<br /> regulations and ordinances relating to the protsction a# human heal#h or the en�i��nment, including withaut
<br /> � ,s• s sr«
<br /> limitation the Comprehensi�e En►►ironmental Response, �ampen'�a�ton;., s 'i����F~1�9�3;-,es�:amended, 42
<br /> U.S.C. Sect��n 9G�1, et seq. ["CEft�LA"}, the 5uperfund Amer�dme�t,�_ar�d�;f�eau�th��rizativ�Act;�f '�985, Pub. L.
<br /> � No. 99-499 �"SARq".�. the Hazardous Materials Transpvrtatian�ct,��J`lf.�.�.��c�faM'���1� et seq..�the Resvurce
<br /> Conser�at�on and Reco►►ery Act, 42 U.S.C. Sectian fi9D 1, et s�.,� qr a�her ep�i�ab��stet�''ox��federal iaws, rules,
<br /> ' '�'N.�,Fs��.. z. ..►.w.�...�...ti... . �
<br /> or r�gulativns adapted pursuant thereto.
<br /> E�ent af�efault. Th�wvrds "E�ent of Default" mean any of the e�ents of defau�t set forth in this❑eed of Trust in
<br /> the��ents vf default s�ction❑f this Deed vf Trust.
<br /> Guarentor. The word "Guarantor" means any guarantor, surety, or accommodation party af �ny vr all of the
<br /> lndebtedness.
<br /> Guar�nty. The word "Guaranty" means the guaranty frvm Guarantor to Lgnder, including without I�mita#ivn a
<br /> guaranty of a!I or part of the Not�.
<br /> Hazardaus Suhstences. The words "Hazardous Substances" mean materials that. hecause of th�ir quantity,
<br /> cvncentration or physical, chemical ar inf�ctivus charac#eristics, may cause or pose a pres�nt or potential hazard
<br /> t� human health or the �n�ironment when improperly used, treated. stored, disposed o#, generated, manufactured,
<br /> transparted or otherwise handled. The wards "Hazardvus Substances" are used in their�ery broadest sense and
<br /> include without �imitation any and all hazardous �r #oxic substances, materials or waste as defined by or listed
<br /> undsr the En�ironmental Laws. The term "Hazard�us 5ubstances" als❑includes. withaut limit�tion, petroleum and
<br /> pe#roleum by-prvdu�ts or any fractian thereof and asbestas.
<br /> Impro�emants. The word "Impro►►gments" means all existing and futur� imprn�ements� buildings, structures�
<br /> mobile homes affixed on the Real Property, facilities, additivns, replacements and other cvnstructi�n on the Rea!
<br /> Proper#y.
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