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200300008 DEED OF TRUST <br />(Continued) Page 6 <br />vested in a person other than Truster, Lender, without notice to Truster, may deal with Trustor's successors with reference to this <br />Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Truster from the obligation of this Deed of <br />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 Dead of Trust hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought <br />by any party against any other party. <br />Waiver of Homestead Exemption. Truster hereby releases and waives ail rights and benefits of the homestead exemption laws of the <br />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 Trust. Unless <br />specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. <br />Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words <br />and terms not otherwise defined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code: <br />Beneficiary. The word "Beneficiary" means Commercial Federal Bank, a Federal Savings Bank, and its successors and assigns. <br />Borrower. The word "Borrower" means Jimmy L. Johnson and Sharon R. Johnson, and all other persons and entities signing the Note <br />in whatever capacity. <br />Deed of Trust. The words "Deed of Trust" mean this Dead of Trust among Truster, Lender, and Trustee, and includes without <br />limitation all assignment and security interest provisions relating to the Personal Property and 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, regulations and ordinances <br />relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental <br />Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. CCERCLA'J, the Superfund <br />Amendments and Reauthorization Act of 1986, Pub. L. No. 99 -499 ('SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. <br />Section 1801, at seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or other applicable state or <br />federal laws, rules, 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 the events of <br />default section of this Deed of Trust. <br />Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including <br />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, concentration or <br />physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment <br />when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words <br />"Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous Or toxic <br />substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also <br />includes, without limitation, petroleum and petroleum 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 <br />the Real Property, facilities, additions, replacements and other construction on the Real Property. <br />Indebtedness. The word "Indebtedness" means loan no. 2700388364. <br />Lender. The word "Lender" means Commercial Federal Bank, a Federal Savings Bank, its successors and assigns. <br />Note. The word "Note" means loan no. 2700388364. The maturity date of this Deed of Trust is January 1, 2008. <br />Personal Property. The words "Personal Property' mean all equipment, fixtures, and other articles of personal property now or <br />hereafter owned by Truster, and now or hereafter attached Or affixed to the Real Property; together with all accessions, parts, and <br />additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds including without <br />limitation all insurance 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 further described in this Deed of Trust. <br />Related 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 <br />instruments, 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 <br />from the Property. <br />Trustee. The word "Trustee" means Commercial Federal Bank, a ESE, whose address is 13220 California St., Omaha, NE 68154 <br />and any substitute or successor trustees. <br />Treanor. The word "Truster" means Jimmy L. Johnson and Sharon R. Johnson. <br />EACH TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH TRUSTOR AGREES TO <br />ITS TERMS. <br />