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DE`~Onr~tirnued ST 2 ~ l U ~ U 6 9 0 Page 6 <br />5everability. If a court of competent jurisdictien finds any provision pf this Deed of Trust to b¢ illegal, invalid, or unenforceable as to <br />any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If <br />feasible, the offending provision shall be considered modified so that it becomes legal, valid and ¢nforceable. If the offending <br />provision cannot be so modified, it shall be considered deleted from this Dead of Trust. Unless otherwise r¢quirad by law, the <br />illegality, invalidity, or unenforc¢ability of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of <br />any other provision of this Dead of Trust. <br />Succ¢asors and Assigns. Subject to any limitations stated in this D¢ed of Trust on transfer of Trustor's interest, this Daed of Trust <br />shall b¢ binding upon and (nuts to the benefit of the parties, their successors and assigns. If ownership of the Property b¢comas <br />vested in a person other than Trustor, Lender, without notice to Trustor, may deal with Trustor's successors with ref¢renca to this <br />Dead of Trust and the Indebtedness by way of forbearance or extension without releasing Trustor from the obligations of this Dead of <br />Trust or liability under the Indebtedness. <br />Time is of the iwssenco. lime is of the essence in the performance of this De¢d of Trust. <br />Waive Jury. All parties to this Deed of Trust herby 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 Fatomption. Trustor hereby releases and waiv¢s all rights and benefits of the homestead exemption laws oT th¢ <br />State aP Nebraska as to all Indebtedness secured by this Dead of Trust. <br />DEFINITIONS. The following capitalized words and terms shall have th¢ following meanings when used in this Deed of Trust. Unless <br />specifically stated to the convary, 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 cont¢xt 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. Tha word "Beneficiary" means Exchange Bank, and its successors and assigns. <br />Borrower. The word "Borrower" means TRACY L BREWER and Includes all co-signers and co-mak¢rs signing the Note and all their <br />successors and assigns. <br />Deed of Trust. The words "Dead of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and includes without <br />limitation all assignment and security interest provisions relating to the Personal Property and Rams. <br />Default. The word "Default" means the Default sat forth in this Oaed of Trust in the section titled "Default". <br />Environmemal 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, et seq. ("CERCLA"1, the Superfund <br />Amendments and Reauthorization Act of 1986, Pub. L. Ne. 99-499 ("SARA"I, the Hazardous Materials Transportation Act, 49 U.S.C. <br />Section 7B01, et coq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., nr other applicable state or <br />federal IgWa, rules, or regulations adopted pursuant thereto. <br />Evettt of Default. The words "Event of Default" moan any of the events of default s¢t forth in this Decd of Trust in the events pi <br />default section pf this Deed of Trust. <br />Guaranty, The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party tp Lender, including <br />without limitation 8 guaranty of ell Or part of the Note. <br />Hazardous Substances. Tha wnrds "Hazardous Substances" mean materials that, because of their quantity, concentration or <br />physical, chemical or infectious characteristics, may cause nr 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 farm "Hazardous Substances" also <br />includes, without limitation, petroleum and petroleum by-products or any fraction th¢reof and asbestos. <br />Improvements. fihe word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on <br />the Real Property, facilities, additions, replacements and ether construction an the Real Property <br />Indebtedness, The word "indebtedness" means elf pr(ncipal, interest, and other amounts, costs and expenses payable under the Note <br />or Related Documents, together with all renewals ot, exY¢nsions ot, modifications of, consolidations of and substitutions for the Note <br />or Related Oocum¢nts and any amounts expended or advanced by Lendnr to discharge Trustor's obligations or expenses incurred by <br />Trustee or Lender to enforce Truator's obligations under this D¢ed of Trust, together with interest on such amounts as provided in this <br />Deed of Trust. Specifically, without limitation, Indebtedness includes the future advances set forth in th¢ Future Advances provision, <br />together with all interest thereon and ail amounts that may be indirectly secured by the Cross-Collateralization provision of this Deed <br />of Trust. <br />Lender. Tha word "Lender" means Exchange Bank, its successors and assigns. <br />Not¢. The word "Nate" means the promissory not¢ dated January 28, 2010, ID the original principal amount o'f <br />$55,900.OD from Trustor to Lender, together with ail renewals of, ¢xtensinns of, modifications of, refinancings of, Consolidations <br />of, and substitutions for the promissory note or agreement. NOTICE TO TRUSTOR: THE NOTE CONTAINS A VARIABLE INTEREST <br />RATE. <br />Personal Prpperty. The wards "Personal Property" mean all equipment, fixtures, and other articles of p¢rsnnal property now or <br />hereafter owned by Trustor, and now or hereafter attached or aff(xed to the Real Property; together with all accessions, parts, and <br />additions tC, all replacements of, and all substitutions for, any of such properly; and together with all proc¢eds (including without <br />limitation ell insurance proc¢eds and refunds of premiums) from any sale ar other disposition of the Property. <br />Property. The word "Property" means coilactively the Real Property and the Personal Property. <br />Real Property, Th¢ words "Real Property" mean the real property, interacts and rights, as further described in this Dodd of Trust. <br />Related Documents. The wnrds "Related Documents" mean all promissory notes, cr¢dit agreements, loan agreements, environmental <br />agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other <br />instruments, agreamenta end documents, whether now or hereafter ¢xisting, executed in Connection with the Indebtedness. <br />Rents. The wgrd "Rents" means all present and future rants, revenues, income, issues, royalties, profits, and other benefits derived <br />from the Property. <br />Trustee. The ward "Trustee" means EXCHANGE eANK, whose addr¢ss is 3204 ALLHN DR / PO BOX 5793, GRAND ISLAND, NE <br />68802 and any substitute or successor trustees. <br />Trustor. The word "Trustor" means TRACY L BREWER. <br />TRUS70R ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THI5 DEED DF TRUST, AND TRUSTOR AGREES TO ITS TERMS. <br />TRUSTOR: <br />X <br />TRACY L BREW <br />