DEED OF TRUST
<br />200007462 (Continued) Page 6
<br />that does not mean Lender will be required to consent to any of Trustor's future requests. Trustor waives presentment, demand for payment,
<br />protest, and notice of dishonor.
<br />SeveraWty. If a court finds that any provision of this Deed of Trust is not valid or should not be enforced, that fact by itself will not mean
<br />that the rest of this Dead of Trust will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Deed of Trust
<br />even if a provision of this Dead of Trust may be found to be invalid or unenforceable.
<br />Successors and Assigns. Subject to any limitations stated In this Dead of Trust on transfer of Trustor's interest, this Deed of Trust shelf be
<br />binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested M a person
<br />other than Trustor, Lender, without notice to Trustor, may deal with Trustor's successors with reference to this Deed of Trust and the
<br />Indebtedness by way of forbearance or extension without releasing Trustor from the obligations of this Deed of Trust or liability under the
<br />Indebtedness.
<br />Tins Is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br />Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead exemption laws of the State
<br />of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br />DEFINITIONS. The following words shag have the following meetings when used M this Deed of Trust:
<br />Beneficiary. The word "Beneficiary' means United Nebraska Bank, and lie sucosssors and assigns.
<br />Borrower. The word Borrower means RUSSELL A EHLERS and PAMELA L EHLERS, and all other persons and entities signing the Nola.
<br />Deed of Trust. The words 'Deed of Trust" mean this Deed of Taut among Trustor, Lender, and Trustee, and includes without limitation all
<br />assignment and security interest provisions relating to the Personal Property and Rents.
<br />Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances
<br />relating to the protection of human health or the environment, including without Imitation the Comprehensive Environmental Response,
<br />Compsnsation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. ("CERCLA"), the Superfund Amrndnenle and
<br />Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hiamxkx s Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the
<br />Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or other applicable state or federal laws, rules, or regulations
<br />adopted pursuant thereto.
<br />Event of Default. The words "Event of Default" mean any of the Events of Default set forth in this Deed of Trust In the Events of Default
<br />section of this Deed of Trust.
<br />Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing liens provision of this Deed of
<br />Trust.
<br />Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without
<br />Imitation a guaranty of erg or part of the Note.
<br />Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical,
<br />chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly
<br />used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substenose are
<br />used to their very broadest sense and include without Imitation any and all hazardous or toxic substances, materials or waste as defined by
<br />or listed under the Environmental Laws. The term "Hazardous Substanoes" also includes, without Imitation, petroleum and petroleum
<br />by- products or any fraction thereof and asbestos.
<br />Improvenents. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the
<br />Real Property, facilities, additions, replacements and other corsUuction on the Real Property.
<br />NMebtedness. The word NKlebitY~ mans "Akwk kitarok a.'id oliveâ–º amounts, costa and experses payable under the Note or
<br />Related Documents, together with all renewals of, extensions of, modfimbons of, consolidations of and substitutions for the Note or Related
<br />Documents and any amounts expended or advanced by Lender to discharge Trustor's obligations or expenses incurred by Trustee or
<br />Lender to enforce TrusWs obligations under this Deed of Trust, together with interset on such amounts as provided in this Deed of Trust.
<br />Lender. The word "Lander means United Nebraska Bards, Its suuoosssors and assigns. The words "successors or assigns" mean any
<br />person or company that acquires any interest in the Note.
<br />Note. The word " Note" means the promissory note dated August 14, 2000, in the original principal amount of $100,101.00
<br />from Trustor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substlhutiors for
<br />the promissory nole or agreement.
<br />Personal Property. The words "Personal Property' mean all equipment, fixturse, and other articles of personal property now or hersafter
<br />owned by Trstor, and now or hereafter attached or aftiued loft, Real , Property, together with all accessions, parts, and additions to, all
<br />replacements of, and all subellituliom for, any Of such .property: and; tagetlusu with ail Proceeds (Mdudinp without Imdtetion ail insurance
<br />proceeds and refunds of premiums), from any sale or otter deposition of the Property.
<br />Property. The word "Property' means collectively the Real Property and the Personal Property.
<br />Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Deed of Trust.
<br />Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental
<br />agreernents, guaranties. security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments,
<br />agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness.
<br />Rents. The word'fi~ means all present and future rends, revenues, income, Issues, royalties, profits, and other benefits derived from the
<br />Property.
<br />Trust". The word "Trustes" means United Nebraska Bank, whose address Is 700 N. Webb, Grand Island, NE 66802 and any substitute or
<br />successor trustees.
<br />Trueelor. The word "Tnuslor means RUSSELL A EHLERS and PAMELA L EHLERS.
<br />EACH TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PR01I1tit10NS OF THIS DEED OF TRUST, AND EACH TRUSTOR AGREES TO
<br />ITS TERMS.
<br />
|