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DEED OF TRUST 200007938
<br />(Continued) Page 6
<br />protest, and notice of dishonor.
<br />SeverabiNty. 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 nest of the provisions of this Deed of Trust
<br />wen if a provision of this Deed of Trust may be found to be invalid or unenforceable.
<br />Successors and Asalpns. 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 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 />TMw Is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br />Walwr of Hoomdsed Examptlon. 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 />Beneficiary. The word Beneficiary" means United Nebraska Bank, and its successors and assigns.
<br />Borrower. The word Borrower" means Darwin O. Barnes and Alice A. Barnes, and all other persons and entities siprting the _Note.
<br />Dead of Trust. The words Mood of Trusr mean this Deed of Trust anon 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 limitation the Comprehensive Environmental Response,
<br />Compensation, and Lietxtiilyy Act of 1960, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and
<br />Reauthorization Act of 1966, 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 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 />Ilmitation a guaranty of all or part of the Note.
<br />HamAous Substances. The words "Hazardous SubstenoW 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 "Flezardous Substances" are
<br />used in their very broadest sense and include without limitation 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 limitation, petroleum and petroleum
<br />by-products or any fraction thereof and asbestos.
<br />Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the
<br />Real Property, facilities, additions, replacements and other construction on the Real Property.
<br />Indeblsdness. The wad "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or
<br />Related Documents, together with all renewals of, extensions of, modifications 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 Trustor's obligations under this Deed of Trust, together with interest on such amounts as provided in this Deed of Trust.
<br />Lander. The word tender' means United Nebraska Bank, its successors and assigns. The words "successors or assign a mean any
<br />person or company that acquires any interest in the Note.
<br />Noll. The word "Note" means the promissory note dated September 18, 2000, M the original principal amount of $40,000.00
<br />from Trustor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for
<br />the promissory note or agreement.
<br />Personal 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 all substitutions for, any of such property; and together with all proceeds (including without limitation all Insurance
<br />proceeds and refunds of premiums) from any sale or other disposition of the Property.
<br />Property. The word "Property' means collectively the Real Properly 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 />Raided Documents. The words "Related Documents" mean all 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 />Rene. 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 />Truster. The word " Trustor" means Darwin O. Barnes and Alice A. Barnes.
<br />EACH TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH TRUSTOR AGREES TO
<br />ITS TERMS.
<br />GRANTOR:
<br />........................ ...............................
<br />Darwin O. Barnes, Individually
<br />r E a . de. 1 YAW, 9 .
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