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<br /> DEED OF TRUST 99 110 4 41 page 6
<br /> (Continued)
<br /> writing to give up one of Lender's rights, that does not mean Trustor will not have to comply with the other provisions of this Deed of Trust.
<br /> Trustor also understands that if Lender does consent to a request, that does not mean that Trustor will not have to get Lender's consent
<br /> again if the situation happens again. Trustor further understands that just because Lender consents to one or more of Trustor's requests,
<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 /> Severability. 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 Assigns. 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 /> Time 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 Trus:.
<br /> DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust:
<br /> Beneficiary. The word"Beneficiary"means FIRST NATIONAL BANK OF MARQUETTE,and its successors and assigns.
<br /> Borrower. The word"Borrower"means David Wayne Ayres,and all other persons and entities signing the Note.
<br /> Deed oi Trust. The words"Deed of Trust"mean this Deed of Trust 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 limitation the Comprehensive Environmental Response,
<br /> Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et 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,et seq., the
<br /> Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or regulations
<br /> adopted pursuant thereto.
<br /> Event of Default. The words"Event of DefaulY' mean any of the Events of Default set forth in this Deed of Trust in the Events of Default
<br /> section ot this Deed of Trust.
<br /> E�cisting 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 /> limitation a guaranty of all or part of the Note.
<br /> Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical,
<br /> chemicai 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 "Hazsrdous 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 /> 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,tagether with interest on such amounts as provided in this Deed of Trust.
<br /> Lender. The word "Lender" means FIRST NATIONAL BANK OF MARQUETTE, its successors and assigns. The words "successors or
<br /> assigns"mean any person or company that acquires any interest in the Note.
<br /> Note. The word "Note" means the promissory note dated October 22, 1999, in the original principal amount of $10,035.50
<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 Property and the Personal Property.
<br /> Real Property. The words"Real Property"mean the real property,interests and rights,as furfher described in this Deed of Trust.
<br /> Relaied 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"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 First National Bank of Marquette,whose address is P 0 Box 39, Marquette, NE 68854-0039 and any
<br /> substitute or successor trustees.
<br /> Trustor. The word'Trustor"means David Wayne Ayres.
<br /> TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST,AND TRUSTOR AGREES TO ITS TERMS.
<br /> GRANTOR:
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<br /> David Wayne Ayres,Indiv"
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