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- 2� 17� 1599
<br /> DEED �F TRUST
<br /> �Cont�nued� Pag� 7
<br /> Choi�e of Venue. If there is a lawsuit� Trustor agrees upan Lender's request to submit to th� jurisdiction of the
<br /> courts of Hafl�vunty, 5tat�o#Nebraska.
<br /> No Wai�er by Lender. Lender shall nvt be deemed t❑ha�e wai�ed any rights under this ❑eed�f Trust unless such
<br /> wai�er is gi�en in writing and signed by Lender. No delay o�❑mission on the part❑f Lender in exercising any right
<br /> shall operate as a wai�er of such right❑r any other right. A wai�er by Lender of a pro�ision ❑#this Deed of Trust
<br /> shall not prejudice ar cvnstitu#� a wai�er of Lender's right otherwise to demand strict compliance with that
<br /> pro�ision or any other pro�ision of this Deed of Trus#. No priar wai�er by Lender, nor any course of dealing
<br /> between Lender and Trustar, shall cvnstitute a wai�er vf any af Lender's rights or of any of T�ustar's obligations
<br /> as tv any futu�e transactions. Whene�er the consent of Lender is required under th�s Deed of Trust, the granting
<br /> ❑f su�h consent by Lender �n any instance shall nvt constitute continuing consent to subsequent instances where
<br /> such consent is required and in all�ases such consen#may be granted or withheld in the sale discretion of Lender.
<br /> Se�erahili#y. If a court of competent jurisdiction finds any pro�isivn vf th�s Deed �f Trust to be illega�, in�alid, �r
<br /> un�nfvrceable as tv any circumstance, that finding sha�� not make the ❑ffending prv�ision illegal. in�alid, or
<br /> unenforceable as t� any other circumstance. If feasible� the of#ending pro�ision shall be cvnsidered madified sv
<br /> that it hecomes legal, �alid and enfvr�eabl�. I� the ❑ffending pro�ision cannot be s� mvdified, �t shall he
<br /> considered de�eted fram this Deed of Trust. Llnless otherwise required by law, the illegality, in�alidity, or
<br /> unen#orceabiiity o#any pro�+sion of this Deed of Trust shall no# affect the �egality, �alidity or enfarceahility o#any
<br /> other pra�isian of this ❑eed of Trust.
<br /> Successors and Assigns. 5ubject to any �im�tations stated �n this Deed of Trust on trans�er of Trustor's interest,
<br /> this Deed of Trust shall be binding upvn and inure tv the benefit vf the parties, their su�cess�rs and assigns, �f
<br /> ownership vf the Prvperty be�om�s �ested in a pe�svn ather than Trustor. Lender, without notice to Trustor, may
<br /> deal with Trustor's successvrs with referenc�tv this ❑eed af Trust and the Indebtedness by way of farhearance or
<br /> extensian without releasing Trustar from the obligatians❑f this ❑eed o#Trust or liability under the Indehtedness.
<br /> Time is of the Essence. Time is of the essen�e in the performan�e o�this ❑eed❑f Trust.
<br /> Wai�e Jury. All parties to th�s Dead of Trust hereby wai�e the right tv any jury tria! in any activn, prviceeding, or
<br /> countercia�m brou+�h#by any party�g�inst any othar party.
<br /> Wai�er of Homsstead Exemptivn. Trustor hereby releas�s and wa+�es all �ights and benefits ❑f the homestead
<br /> exemption laws of the 5tate of Nebraska as to all Indehtedness se�ured hy this Deed o#Trust.
<br /> DEFlNiTIaNS. The f�llowing capitalized words and terms shal� ha�e the foilawing meanings when us�d in this Deed of
<br /> Trust. Unless specifically stated to the contrary. a!i r�ferences�o dollar amounts shall mean amaunts in �awful money
<br /> of the lJ nited States of Ameri�a. Words and #erms used in #he singular shall includ� the plural. and the plural shall
<br /> in�lude #he singular, as the c�ntext may require. V1lards and t�rms nat vtherwise de#ined in this Deed of Trust shall
<br /> ha�e the meanings attrihuted to such terms in the Uniform Gommercial Code:
<br /> Beneficiary. Ths ward "Beneficiary" means Exchange Bank, and its suc�essors and assigns.
<br /> Bvrrower. The word "Borrvw�r" means Canfield Construction, L.L.C. and inCludes all cv-stgners and co-makers
<br /> signing#he Note and all their successars and assigns.
<br /> Deed of Trust. The words "Deed of Trust" mean this D��d vf Trust among Trustor, Lender. and Trustee, and
<br /> includes r►vithout limitation al! assignment and securi�y interest pro�isions relating to #he Personal Property and
<br /> Rents.
<br /> Defeul#. The word "�efault" means the D��ault set fvrth in this Desd❑f Trust in the sec#i�n titled "Default".
<br /> En�ironmenta! Laws. The words "En�ironmental Laws" mean any and all state, federal and local statutes,
<br /> regulations and ordinances re�ating tv the pratection of human health or the en�ironment, �nclud+ng without
<br /> limitation the Cvmprehensi�e En�irvnmenta� Response, �ompensat'ron, and Liability Act vf 1984, as amended, 42
<br /> IJ.S.C. Se�ti�n 9fi�1, et seq. {"CER�LA"�, the Superfund Amendments and Reauthorizetion Act of 198fi, Pub. L.
<br /> No. 99-499 �"SARA"y, the Hazardous Ma#eria�s Transpor#ativn Act, 49 U.S.C. 5�ctivn 18��, �t seq., the�iesaur�e
<br /> Conser�ation and Reca�ery Act, 42 U.S.C. 5ection fi9��, et $�q.,,or other a IiGahle state or federal laws, rules,
<br /> �- �..��...� .�.pp.
<br /> ❑r regulations adopted pursuant thereto. _ �°•� •��� � ����-
<br /> � 1" .
<br /> Event of Default. The words "E�ent n#Default" mean any of t�e er�ents t�#d�fiault g�t..f�r h in t�is ��ed of Trust in
<br /> �
<br /> the e�ents of default section of this Deed of Trust. ,� ' - � . . �� �-�
<br /> �u�rantor. The word "Guarantor" means any guarantor� surety. or accommadation�party of any or all o# the
<br /> Indebtedness.
<br /> Guar�nty. The wvrd "Guaranty" means the gua�anty from Guarantor tv Lender, including withou# limitation a
<br /> guaranty of all or part vf the Note.
<br /> Ha=ardous Substances. The words "Hazardous 5ubstances" mean materials that, because af their quant�ty,
<br /> cancentration or physi�a�. chemical vr infectious characteristics, may cause ❑r pose a present or potential hazard
<br /> to human health or the sn�ironment when improperly used, treated, stored, dispvsed of. generated. manufactured.
<br /> transported or atherwise handled. The wvrds "Hazardous 5ubstances" are used in their �ery broadest sense and
<br /> include with�ut limitativn any and all hazardous ar toxic substances, materials or waste as defined by or listed
<br /> under the En►►ironmenta! Laws. The term "Hazardous Substances" alsv includes, without I�m�tati�n. petrvleum and
<br /> petraleum by-products or any fraction thereof and asbestos.
<br /> Impro�ements. The word "imprv�ements" means all existing and future impro�ements, bu+ldings, s#ructures,
<br /> mobile homes a#fixed ❑n the Real Prvperty, facilities, additions, replacements and other cvnstruction on the Real
<br /> Property.
<br /> Indebtadness. The ward "Indebtedness" means al� principal. interest, and vther amounts. costs and expenses
<br /> payable under the Nvte or Rela�ed Documents, together with all renewals ❑f, extensions of, modifica�ians o#,
<br /> cvnsa�idativns of and substitutions fvr the Note or Related Documents and any amounts�xpend�d or ad�anced by
<br /> Lender to discharge Trust�r's abliga#ions �r expenses incurred by Trustee �r Lender to enfarce Trustor's
<br /> obligativns under this Deed of Trust. together with interest vn such amounts as pr��ided in this Deed of Trust.
<br /> Specifically, without limitativn, Indeb#edness includes the future ad�ances set #orth in the Future Ad�ances
<br /> pro��sion, together with a�� interest thereon and all amounts that may he indirectly s�cured by the
<br /> Cr�ss-Co�latera�ization pra�ision of th�s Deed o�Trust.
<br /> Lender. The vr►ard "Lender" means Exchange 8ank, its suc�essors and assigns.
<br /> Note. The word "Note" means the promiss�ry note dated March 1 D, 2�17, in th� original principal amount
<br /> vf $7 95.���.�� from Trust�r ta Lender� together with all renewals of� extensivns o#, modifi�ations af�
<br /> refiinancings of, �vnsolidations of. and substitutivns for the promissory note or agrsement.
<br /> Personal Property. The wvrds "Pe�sonal Prvperty" rnean a�i equipment, #ixtures. and other arti�les vf pers�nal
<br /> property now or hereaftsr ❑wned by Trustor, and now or hereafter attachsd or affixed #o the Real Property;
<br /> tvgether with all a�cessions, par�s. and additions to. all replacements of, and all substitutions �or� any af such
<br /> property; and together with all proce�ds �including withaut limitation all insurance proceeds and refunds of
<br /> premiumsf from any sale or vther disposi#ion of the Property.
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