|
DEED OF TRUST 2 d d 0 O 8 2 8 8
<br />(Continued) Page 6
<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 Aselipm 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 wdension without releasing Trustor from the obligations of this Deed of Trust or IlabNky under the
<br />Indebtedness.
<br />Thine Is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br />Waiver of Nonmesead 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 />DEFMNTIONS. The following words shall have the following meanings when used in this Deed of Trust:
<br />aere0clery. The word "Beneficiary" means United Nebraska Bank, and Its successors and assigns.
<br />Borrower. The word "Borrower" means Judi A Ellington, and all other persons and entities signing the Note.
<br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and includes without Ilmitation 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 Liability Act of 1990, as amended, 42 U.S.C. Section 9601, at seq. ("C:ERCLA"), the Supsrfund 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 to this Deed of Trust in the Events of Default
<br />section of this Dead of Trust.
<br />Exisil" Inddbe hmw The words "Existing Indebtedness' mean the indebtedness described In the Exlsfing 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 />knlatton a guaranty of all or part of the Note.
<br />Hazardous Subehrass. 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. Worsted, manufactured, transported or otherwise handfed. The words "Hazardous Substances" are
<br />wed in their very broadest sense and Include without limitation any and all hazardous or toxic substances, materials or waste as defined by
<br />or Rated under the EnwironmenW Laws. The term "Hazardous Substances" also includes, without Imitation, 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 />Indebtedness. The word "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 " 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 29, 2000, 111 the original principal amount of
<br />;188,374.56 from Trustor to Lender, together with all renewals of, axtensions of, modifications of, refinancings of, consolidations of, and
<br />substitutions for the promissory note or agreement. The maturity date of this Deed of Trust Is March 29, 2001.
<br />Personal Property. The words "Personal Property" mean aI equipmsrt, fixtures, and other articles of personal property now or hereafter
<br />owned by Trustor, and now or hereafter attached or affted to the Real Property, together with aI 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 Property and the Personal Property.
<br />Fetal Property. The words "Rest Property" mean the real property, inlarests and nights, as further described in this Deed of Trust
<br />Fielded 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 />Rents. The word'RwW means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the
<br />Prey.
<br />Trud ee. The word "Trustee" means United Nebraska Bank, whose address Is 700 N. Webb, Grand Island, NE 68802 and any substitute or
<br />suoosseor trustees.
<br />Tnudlor. The word " Trustor" means Judi A Ellington.
<br />TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND TRUSTOR AGREES TO ITS TERMS.
<br />GRANTOR:
<br />
|