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DEED OF TRUST Loan No: 33868 200200815 (Continued) Page Joint and Several Liability. All obligations of Borrower and Trustor under MIS Deed of Trust shall be joint and several, and all references o Trustor shall mean each and every Trusted and all references to Borrower shall mean each and every Borrower. This means Met each Borrower and Trader signing below a responsible for all obligations in this Dead of Trust. No Waiver by Lender. Lander shall not be deemed to have waived any rights under the Deed of Trust unless such waiver is given in wring and signed by Lender. No delay or omison on the part of Lander In exercising any right shall operate as a waiver of such right or any other right. A waiver by Lander of a provision of Nis Deed of Trust shall rot preNd too or constitute a waiver of Lenders right otherwise to demand strict compliance with Met provision or any other provision of this Dead of Trust. No prior waiver by Larder, nor any course of dealing between Lantler and Trustor, shall constitute a waiver of any of Lender's rights or of any of Trusters obligations as to any future transact... Whenever the consent of larder is required under this Deed of Trust, Me granting of such consent by Lander in any instance shall not constitute continuing consent to subsequent instants where such consent is required and in all cases such consent may be grantetl or withhold in the sole discretion of Lander. Severabllity. If a court of competent judidicl an finds any provision of MIS Dead of Trust to be illegal, invalid, or unenforceable as to any parson or circumstance, that firding shall not make Me champing provision illegal, invalid, or unenforceable as to any other person or sh circumstance. If feasible, the offending provision all be considered modified so Met It or legal, valid and enforceable. If the odending provision cannot be so modelled, it shell be considered deleted from MIS Dead of Trust. Unless shares. required by law, the ni illegality, invalidity, or uneorceabiliN of any provision of MIS Dead of Trust shall rot affect the legality, validity or enforceability of any other provision of One Deed at Trust Successors and Assigns. Subject to any limitations stated In this Dead of Trust on transfer of Taster's interest, MIS Deed of Trust shall W binding upon and inure to Me benefit of Me parties. their successors and assigns. If ownership of the Property becomes vested In a Pereen and the other than Indebtedness by way of forbea ence or extension without releasing Trustor Trustees rom Me obligations of this Dead of Treat Dead rr lability underr Me Indebtedness. Time is of the Essence. Time is of the essence in the performance of Mis Dead of Trust. Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of Me homestead exemption laws of the State of Nebraska as to all Indebtedness secured by this Deed of Trust. DEFINITIONS. The following capitalized words and terms shall have Me following meanings when used in this Deed of Trust. Unless specifically stated to Me contrary , all references to dollar amounts shall mean amounts in lawful money of Me United States of America- Words and ones used In Me singular shall include the plural, and the plural shall Include Me singular, as the context may require. Words and terms not otherwise defined in MIS Dead of Trust shall have the meanings ear ldri ed to such terms in the Uniform Commercial Cale' Beneficiary. The word 'Beneraiary" means Bank of Clarks, and IN successors antl assigns. Borrower. The word "Borrower" means Lea Anne Hedges, Rosanna Mustek, Marie Rase Rowe and Tara C, Snyder, and all other parsons and entities signing the Note in whatever capacity. Deed of Trust. The words "Deetl of Trust" mean this Deed of Trust among Truster, Lender, and Trustee, atl includes without limitation all assignment and security interest provisions relating to the Personal Property and Rants. Default. The word 'Dembit' means Me Default set form in MIS Dead of Trust in the section tided "Default ", Environmental Lam. The words " Envkonmental Laws' mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or Me environment, including without limitation Me Comprehensive Environ a al Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at Seq. ( "GERCLA "), p Reauthorization Act of 1986, Pub. L. No 99 -499 ( "SARA'), the Hazardous Materiels Transportation Act, 49 U.S.C. Section 80w regulations at ea Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or other applicable state or federal laws, adopted pursuant Manor, Event of Default The words "Event of Default" mean any of the events of default set form In this Dead of Trust In Me events of default section of this Deed of Trust. Existing Indebtedness. The words "Existing Intlebtedness" mean the Indebtedness described In the Existing Liens provision of MIS Dead of Trust Guaranty. The word "Guaranty' means the guaranty from guarantor, endorser, surety, or accommodation parry to Larder, including without limitation a guaranty of all or part of the Note. Hazardous Substances. The words "Hazardous Substances' mean materials that, because of their quantity, conceMmtlon or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard o human health or the environment when Improperly used, treated, cored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances' are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under Me Envlonmental Laws. The term 'Hazardous Substances' also included, without limlodon, petroleum and petroleum by- products or any fraction thereof and asbestos. Improvements. The work 'Improvements" means all existing and future Improvements, buildings, structures, mobile homes affixed on Me Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word " Indebtedness ' means all principal, interest, and Other amounts, costs and expanses payable under Me Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substRutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Toaster's obligations or expenses incurred by Trustee or Lender to enforce Trustor 'a obligations under MIS Deed of Trust, together with interest on such amounts as provided in MIS Dead of Trust. Lender. The Word " Lemtler' means Bank of Clark.. Its SUCCe5505 and assigns. Note. The word "Note' means the promissory note listed June 14, 2001, in the original prinelpal amount of $80,000-00 from Borrower to Lentler, together with all renewals of, extensions of, moddications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement The maturity data of MIS Deetl of Trust is July 10, 2016. Personal Property. The words "Personal Property' mean all equipment, fixtures, and other crticos of personal proporin now too hereafter owned by Trustor, and now or hereafter attached or affixed o the Rest Property: together wth all ac..S$—S. parts, and additional to, all replacements of, antl all substitutions for, any of such property: and together with all proceeds (including without brial all insurance proceeds and refunds of premiums) from any sale or other cap anion of the Property. Property. The word "Property" means retentively Me Real Property and the Personal Property. Real Property. The words "Real Property" mean the real property, Interest and rights, as further described in this Dead of Trust. Related Documents. The words - Related Documents" mean all promissory notes, credit agreements, loan agreements, wild all otheo instrumental agreements', guamnfies, security agreements, mortgages, dome of trust, security tloetls, collateral mortgage, agreements and documents, whether now or hereafter existing, executed In conneclion with the Indebtedness. Rents. The word "Rents' means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from Me Property. Trustee. The word "Trustee" means Bank of Clarks, whose address is 301 N. Green, P.O. Box 125, Clarks, NE 68628 -0125 and any substitute or successor trustees. Thai The word "Truster" means Lea Mne Hedges and Sean E. Hedges.