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201807482 <br />DEED OF TRUST <br />(Continued) Page 7 <br />No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such <br />waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right <br />shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust <br />shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that <br />provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing <br />between Lender and Trustor, shall constitute a waiver of any of Lender's rights or of any of Trustor's obligations <br />as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting <br />of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where <br />such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. <br />Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or <br />unenforceable as to any person or circumstance, that finding shall not make the offending provision illegal, invalid, <br />or unenforceable as to any other person or circumstance. If feasible, the offending provision shall be considered <br />modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall <br />be considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or <br />unenforceability of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of any <br />other provision of this Deed of Trust. <br />Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor's interest, <br />this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If <br />ownership of the Property becomes vested in a person other than Trustor, Lender, without notice to Trustor, may <br />deal with Trustor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or <br />extension without releasing Trustor from the obligations of this Deed of Trust or liability under the Indebtedness. <br />Time is of the Essence. Time is of the essence in the performance of this Deed of Trust. <br />Waive Jury. All parties to this Deed of Trust hereby waive the right to any jury trial in any action, proceeding, or <br />counterclaim brought by any party against any other party. <br />Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead <br />exemption laws of the State of Nebraska as to all Indebtedness secured by this Deed of Trust. <br />DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of <br />Trust. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money <br />of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall <br />include the singular, as the context may require. Words and terms not otherwise defined in this Deed of Trust shall <br />have the meanings attributed to such terms in the Uniform Commercial Code: <br />Beneficiary. The word "Beneficiary" means HOME FEDERAL SAVINGS & LOAN ASSOCIATION OF GRAND <br />ISLAND, and its successors and assigns. <br />Borrower. The word "Borrower" means Jack R. McKee and Joan E. McKee and includes all co-signers and <br />co -makers signing the Note and all their successors and assigns. <br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and <br />includes without limitation all assignment and security interest provisions relating to the Personal Property and <br />Rents. <br />Default. The word "Default" means the Default set forth in this Deed of Trust in the section titled "Default". <br />Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, <br />regulations and ordinances relating to the protection of human health or the environment, including without <br />limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 <br />U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. <br />No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource <br />Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, <br />or regulations 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 <br />the events of default section of this Deed of Trust. <br />Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to <br />Lender, including without limitation a guaranty of all or part of the Note. <br />Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, <br />concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard <br />to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, <br />transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and <br />include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed <br />under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and <br />petroleum by-products or any fraction thereof and asbestos. <br />Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, <br />mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real <br />Property. <br />Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses <br />payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, <br />consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by <br />Lender to discharge Trustor's obligations or expenses incurred by Trustee or Lender to enforce Trustor's <br />obligations under this Deed of Trust, together with interest on such amounts as provided in this Deed of Trust. <br />Specifically, without limitation, Indebtedness includes the future advances set forth in the Future Advances <br />provision, together with all interest thereon and all amounts that may be indirectly secured by the <br />Cross -Collateralization provision of this Deed of Trust. <br />Lender. The word "Lender" means HOME FEDERAL SAVINGS & LOAN ASSOCIATION OF GRAND ISLAND, its <br />successors and assigns. <br />Note. The word "Note" means the promissory note dated November 15, 2018, in the original principal <br />amount of $140,000.00 from Borrower to Lender, together with all renewals of, extensions of, modifications <br />of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. <br />Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal <br />property now or hereafter owned by Trustor, and now or hereafter attached or affixed to the Real Property; <br />together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such <br />property; and together with all proceeds (including without limitation all insurance proceeds and refunds of <br />premiums) from any sale or other disposition 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 <br />