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DEED OF TRUST 2 Q ~, Q U Q S 2 9
<br />(Continued} Page 6
<br />Severabil'ity. If a court of competent jurisdict(on finds any provision of this Deed of Trust to be illegal, invalid, or unenforceable as to
<br />any circumstance, that finding shall not make the offending provision illegal, invalid, or umm~forcaable as to any other circumstance. If
<br />feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable, If Yha offending
<br />provision cannot b¢ so modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the
<br />illegality, invalidity, or unenfprceability of any provision of this Dead of Trust shall not affect the legality, validity or enforceability of
<br />any other provision of this Dead of Trust.
<br />Successors and Assigns. Subject to any limitations stated in this Deed of Trust an transfer of Trustor's interest, this Deed of Trust
<br />shall be binding upon and inure to the benefit of the parties, their successore and assigns. If ownership of the Property becomes
<br />vested in a person other than Trustor, Lander, without notice to Truster, may deal with Trustpr's successors with reference to this
<br />Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Trustor from the obligations of thts paad of
<br />Trust or liability under the Indebtedness.
<br />Time is of the Essence. Time is of th¢ essence in the performance of this Deed of Trust.
<br />Waive Jury, All parti¢s to this Decd 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 pf Homestead Exemption. Trustor 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 />bEFINITIONS. 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 fn 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 bead of Trust shall have the meanings attributed to such terms in the Unitorm Commercial Code:
<br />BeneTiciary. The word "Beneficiary" means Exchange Bank, and Its successors and assigns.
<br />Borrgwor. The word "Borrower" means TRACY L BREWER and includes all co-signors and co-makers signing the Note and all their
<br />successors and assigns.
<br />Deed of Trust. The words "Deed of Trust" mean this Peed of Trust among Trustor, Lander, and Trustee, and includes without
<br />limitation aA •assignment and security interest provisions relating to the Personal Property and Rants.
<br />Default- The word "Default" means the Default sat forth in this Dead 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 nr the environment, including without limitation the Comprehensive Environmental
<br />Response, Compensation, and Uability Ant of 19$0, as am¢nded, 42 U.S.C. Section 9601, et seq. ("CERCLA"i, the Superfund
<br />Amendments and Reauthorization Act of 19$6, Pub. L. No. 99-499 ("SARA"}, the Hazardous Materials Transportation Act, 49 U.S.C.
<br />Section 1801, eY seq., the Resource Conservation and Recovery Apt, 42 U.S.C. Section 6901, et seq., or other eppllcabl¢ state or
<br />federal laws, rules, or regulations adopted pursuant ther¢to.
<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 b¢ed 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. Th¢ words "Hazardous Substances" moan materials that, b¢caus¢ of their quantity, concentration or
<br />physical, chemical or infectious charactariatics, 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 nr 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 nn the Raal Property.
<br />Ind¢btodnass. The ward "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note
<br />or Related Documents, together with all renewals of, extensions of, modifications of, consplldatlons of and substitutions for the Note
<br />or Related Documents and any amounts expended or advanced by Lender to discharge Trustor's obligations or expenses incurred by
<br />Trustee or Lender to enforce 7rustor's obligations under this Deod of Trust, together with interest on such amounts as provided in this
<br />Dead of Trust. Specifically, without limitation, Indebtedness includes the future advances set forth in the Future Advances provision,
<br />together with all interest thereon and all amounts that may be indirectly secured by the Cross-Collateralization provision of this peed
<br />of Trust.
<br />Lender. 'the word "Lender" means Exchange Bank, its successors and assigns.
<br />Nola. The word "Note" means the promissory note dated February 2, 2010, in the original principal amount of
<br />$54,500.00 from Trustor td Lander, together with all renewals of, extensions pf, modifications of, retinancings of, conagiidatlons
<br />nf, and substitutions for the promissory note or agreem¢nt. NOTICE TO 7RU570R: THE NOTE CONTAINS A VARIABLE INTEREST
<br />RATE.
<br />Personal Property. The words "Personal Property" mean all equipment, fixtures, end other articles of personal property now ar
<br />hereafter owned by Trustor, and now or hereafter attached or affixed tq the Real Property; together with all accsssipns, parts, and
<br />additions to, all replacements of, and alt substitutions for, any of such property; and together with all proceeds (including without
<br />limitation all insuranc¢ 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 Prpparty, The words "Real Property" mean the real property, Interests and rights, as further described in this Daed of Trust.
<br />Rotated Documents. The words "Related Documents" mean ail promissory nouns, credit agreements, loan agreements, environmental
<br />agreements, guarendas, security agreements, mortgages, deeds of trust, security deeds, collat¢rat mortgages, and all other
<br />instruments, agreements and documents, wheth¢r now or hereafter existing, executed in connection with the indebtedness.
<br />Rants. The word "Rents" means all present and future rents, revenues, income, issues, rgyalties, profits, and other benefits derived
<br />from the Prpp¢rty.
<br />Trustee. The word "Trustee" means EXCHANGE BANK, whose address is 1204 ALLEN DR / PD 8DX 5793, GRAND ISLAND, NE
<br />68802 and any substitute ar successor trustees,
<br />Trustor. The ward "Trustor" means TRACY L BREWER.
<br />TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PRpVISIQNS OF THIS DHE:D pF TRUST, AND TRUSTgR AGREES 70 ITS TERMS.
<br />TRUSTpR:
<br />X ~LG.r4
<br />TRACY L BRE
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