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DEED OF TRUST <br />Loan No: 1472992 200201731 (Continued) Page 5 <br />No Waiver by Lender. Lander shall not be deemed to have waived any rights under this Deed of Trust unless such waiver Is given in <br />writing and signed by Lender. No delay or emission on the pad of Lender In exercising any right shall operate as a waiver of such right or <br />any other right. A waiver by Lender of a provision of this Dead of Trust shall not prejudice or constitute a waiver of Lender's right ulhenwise <br />to demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of <br />dealing between Lander and Truster, shall constitute a waiver of any of Lender's rights or of any of Truster's obligations As to any future <br />transactions. Whenever the consent of Lender Is required under this Dead of Trust, the granting of such consent by Lender In any Instance <br />shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be <br />granted or withheld In the sole discretion of Lender. <br />Sevemblllty. If a court of competent jurisdiction finds any provision of this Dead of Trust to be illegal, invalid, or unenforceable as to any <br />person or circumstance, that finding shall not make the offending provision illegal, invade, or unenforceable as to any other person or <br />circumstance. If feasible, the offending provision shall be considered modified so that It becomes legal, valid and enforceable. If the <br />offending provision cannot be so modified, It shall be considered deleted from this Dead of Trust. Unless otherwise required by law, the <br />Illegality, invalidly, or unenforceability of any provision of this Dead of Trust shalt not affect the legality, validity w enforceability of any ether <br />provision of this Dead of Trust. <br />Successors and Assigns. Subject to any limitations stated in this Dead of Trust on transfer of Turner'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 Truster, Lander, without notice to Truster, may deal with Trustor's successors with reference to this Dead of Trust and the <br />Indebtedness by way of forbearance or extension without releasing Truster 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 Used of Trust. <br />Waiver of Homestead Exemption. Trust" hereby releases and waives all rights and benefits of the homestead exemption laws of the Slate <br />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 specifically <br />stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms <br />used In the singular shall include the plural, and the plural shall Include the singular, as the conlexl may require. Words and terms not otherwise <br />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 United Nebraska Bank, and Its successors and Assigns. <br />Borrower. The word "Borrower" means GEORGE A POULLOS and JODY J POULLOS, and all other persons and entities signing the Note <br />in whatever capacity. <br />Deed of Trust. The words "Deed of Trust' mean this Deed of Trust among Truster, Lender, and Trustee, and includes without limitation all <br />assignment and security interest provisions relating to the Personal Properly 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 slate, 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, at seq. CCERCI % 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, at seq., the <br />Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, el 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 in this Deed of Trust In the events of default <br />section of this Dead of Trust. <br />Existing 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 Lander, including without <br />limitation a guaranty of all or pad of the Note. <br />Hamrdous Substances. 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, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are <br />used in their very broadest sense and include without limitation any and all hazmdous 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 />Reel Property, facilities, additions, replacements and other construction on the Real Property. <br />Indebtedness. The word "Indebtedness" means all principal, Interest, and other amounts, cosh 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 />Lander to enforce Truster's obligations under this Deed of Trust, together with interest on such amounts as provided In this Deed of Trust. <br />Lender. The word "Lender" means United Nebraska Bank, Its successors and assigns. <br />Note. The word "Note" means the promissory note dated February 1, 2002, In the original principal amount of $135,022.14 <br />from Truster to Lander, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for <br />the promissory note or agreement. The maturity dale of this Dead of Trust is January 25, 2017. <br />Personal Properly. The words "Personal Property' mean all equipment, fixtures, and ether articles of personal properly now or remoter <br />owned by Truster, and now or hereafter attached ar infixed to the Reel Property; together with all accessions, pads, 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" menthe collectively the Real Property and the Personal Property. <br />Real Property. The words Real Property" mean the real properly, 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 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, royalbes, profits, and other benefits derived horn the <br />Property. <br />Trustee. The word 'Trustee" means United! Nebraska Bank , whose address Is 700 N. Webb, Grand Island, NE 68802 and any substitute or <br />successor trustees. <br />Truslor. The word'Trustor' means GEORGE A POULLOS and JODY J POULLOS. <br />