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2 0 u G 0 7 7 31 DEED OF TRUST
<br />(Continued)
<br />Page 6
<br />that does not mean Lender will be required to consent to any of Trustees future requests. Trustor waives presentment, demand for payment,
<br />protest, and notice of dishonor.
<br />Severabi ty. 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 Deed 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 Deed of Trust may be found to be invalid or unenforceable.
<br />Successors and Asalgns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor's interest, this Deed of Trust shall be
<br />binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a parson
<br />other than Trustor. Lender, without notice to Trustor, may deal with Trustor's successors with rokrenoe 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 />TMw Is of the Essence. Time Is of the essence in the performance of this Deed of Trust.
<br />Waiver of Honesbad Exen illon. 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 shall have the following meanings when used in this Deed of Trust:
<br />9aeaciery. The word Veneficlary" means United Nebraska Bank, and Its successors and assigns.
<br />Borrower. The word Borrower" means JOHN S DEMMERS and MARY JANE DEMMERS, and all other persons and entities signing the
<br />Note.
<br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and includes without Imitation 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, laderal and local statutes, regulations and ordinances
<br />relating to the protection of human health or the environment, kx*xkg without Imitation the Comprehensive Environmental Response,
<br />Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. ("CERCLA"), the Superfund Amendments and
<br />Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA'), the Hazardous 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 Indebbmi ess. 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, kncluding without
<br />Imitation a guaranty of all or part of the Note.
<br />Hazardous Subdonco& 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 Substances" are
<br />used in 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 Substances" also includes, without Imitation, petroleum and petroleum
<br />by- products or any traction thereof and asbestos.
<br />InWoven ft The word "Improvements" means all existing and future improvenents, buildings, structures, mobile homes affixed on the
<br />Real Property, facilities, additions, replacements and other construction on the Real Property.
<br />MrdebMdneea. The word Indebtedness" means all prkeipal, Interest, and oiler amounts, casts and expenses payable under the Note or
<br />Related Documents, together with all renewals of, extensions of, modilicatks 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 Trustors obligations under this Deed of Trust, together with Interest on such amounts as provided in this Deed of Trust.
<br />Lender. The word "Lender" means United Nebraska Bank, Its successors 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 September 11, 2000, in the original principal amount of $28,146.00
<br />from Trustor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations d, and substitutions for
<br />the promissory note or agreement. The maturity date of this Deed of Trust is September 15, 2006.
<br />Persond Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter
<br />owned by Trustor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all
<br />replacements of, and aI substitutions for, any of such property, and together with all proceeds Oncluding without Imitation all Insurance
<br />proceeds and refunds of premiums) from any sale or other disposition of the Property.
<br />Property. The word "Properly" means colecdwty 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 Dead of Trust.
<br />Related Docuawnts. The words 'Related Documents" mean aI promissory notes, credit agreements, loan agreements, environmental
<br />agreements, 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 'Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the
<br />Property.
<br />Trustee. The word "Trustee" means United Nebraska Bank, whose address Is 700 N. Webb, Grand Island, NE 68802 and any substitute or
<br />successor trustees.
<br />Trustor. The word " Trustor" means JOHN S DEMMERS and MARY JANE DEMMERS.
<br />EACH TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH TRUSTOR AGREES TO
<br />ITS TERMS.
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