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DEED OF TRUST � p 10 0'7 4 2 0
<br />1Continued) �age s
<br />Property at any tims Msld by or fpr the benefit of Lender in any capacity, without the written consent of Lender.
<br />Governing Law. Thia Dead of Trust will he gpvernad by fadaral law applicable to Lender and, to the extent not preempted by federal
<br />law, the laws of the State of Nebraska without regard to its conflicts of law provisions. 7his Daad af Trust has been accepted hy
<br />Lenderin the State of Nebraska.
<br />Choice of Vanue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the courts of Hall County,
<br />State of Nebraska.
<br />,Joint and Sevaral Liability. All obligations of Trustor under this Deed of Trust shall be joint and several, and all references to Trustar
<br />shall mean each and every Trustor. This means that each Trustor signing below is responsible for all obligatiqns in this Deed of Trust.
<br />No Waiver by Lender. Lender shall not be deemed to have waived any rights under this beed of Trust unless such waiver is given in
<br />writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such
<br />right or any other right. A waiver by Lender of a provision af this beed of Trust shall not prejudice or constitute a waiver of Lender's
<br />right atherwise ta demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waivar by
<br />Lender, nor any course of dealing between Lender and Trustor, shall constitute a waiver of any of Lender's rights or of any of
<br />1"rustor's obligations as to any future transactions. Whenever the consent pf Lender is required under this Deed of Trust, the granting
<br />qf &uch cansen# by Lender in any instance shall not constitute continuing consent to subsequent instances where such cpnsent is
<br />required and in all cases such consent may be granted or withheld in the sola discretion of Lender.
<br />Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust ta be illegal, invalid, or unenforceable as to
<br />any person or circumstance, that finding shall not maka the affending provision illegal, invalid, or unenforceable as to any other peraon
<br />pr circumstanca. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If
<br />the offending provision cannot be so modified, it shall be considered deleted from this beed af Trust. Unless otherwise required by
<br />law, the illegality, invalidity, or unenforceability of any prvviaian of this Deed of Trust shall not affect the legality, validity or
<br />enforceability of �ny Other prOvi5i0n pf thi9 peed Of Trust.
<br />Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transter af Trustor's interest, this Deed of Trust
<br />shall be binding upon and inure to the benefit of the parties, their successars and assigns. If ownership of the Property becomes
<br />vested in a person other than Trustar, Lender, withput notice to Trustor, may deal with Trustor's successars with reference to this
<br />Deed af Trust and the Indebtedness by way of forbearance or extension without releasing Trustor trom the obligations 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 Peed 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. Trustor hereby releases and waives all rights and benefits of the homestead exemption laws of the
<br />State of Nebraska as to all Indebtednass securad by this Deed of Trust.
<br />DEFINI710NS. The following capitalized words and tarms shall have the following meanings when used in this beed of Trust. Unless
<br />specifically stated to the cantrary, all references to dollar amounts shall mean amounts in lawful money af 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 peed of Trust shall hav6 the meanings attributed to such terms in the Uniform Commercial Code:
<br />Beneficiary. The word "Beneficiary" means GREAT WES7ERN BANK, and its successors and assigns.
<br />Borrower. The word "Borrower" means Gardon L 0'Neill and Colleen K 0'Neill and includes all co-signers and co-makers signing the
<br />Note and all their successors and assigns.
<br />Deed of Trust. The words "Deed of 7rust" mean this Deed of Trust among Trustor, Lender, and 7rustee, and includes without
<br />limitation all assignment and security interest provisions relating ta the Perspnal Property and Rents.
<br />Default. The word "Default" means the 17efault 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 198Q, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"►, the Superfund
<br />Amendments and Reauthqrizetion Act of 1986, Pub. L. No. 99-499 ("SARA"►, the Hazardous Matarials Transportation Act, 49 U.S.C.
<br />Section 1801, et seq., the Resource Conservation and Racovery Act, 42 U.S.C. Section 6901, et seq., or other applicabla atate or
<br />federal laws, rules, or regulations edopted pursuant thereto.
<br />Event vf 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 />Existing Indebtedness. The words "Existing Indebtedness" mean the indebtadness described in the Existing L.iens provision of this
<br />Deed of Trust.
<br />Guaranty. The word "Guaranty" means the guaranty trom guarantor, endorser, surety, or accommodation party ta Lender, including
<br />without limitation a guaranty of all ar part vf the Note.
<br />Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, cancentration or
<br />physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health nr the environment
<br />when improperly used, treated, stored, disposed of, generated, manufactured, transparted pr otherwise handled. The words
<br />"Hazardous Substances" are used in their very broadest sense and include withput limitation any and all hazardous or toxic
<br />substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardvus Substances" also
<br />includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestas.
<br />Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on
<br />the Raal Property, facilities, additions, replacements and other construction on the Real Property.
<br />Indebtedness. 7he word "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, consplidations of and substitutions for the Note
<br />or Related Documents and any amounts expended or advanced by l.ender to discharge Trustor's obligations or expenses incurred by
<br />Trustee ar Lender to enforce Trustor's obligatians under this Deed of Trust, together with interest on such amounts as prpvided in this
<br />Deed of Trust. Specifically, without limitation, Indebtedness includes the future advances set forth in the Future Advances provision,
<br />tpgether with all interest thereon and all amounts that may be indirectly secured by the Cross-Collateralization provision of this Deed
<br />of Trust.
<br />Lender. The word "Lender" means GREAT WESTERN BANK, its successors and assigns.
<br />Note. The word "Note" means the promissory note dated October 8, 2010, 111 the OI'i�in�l princip�l amaunt Of
<br />$5�,d�0.�d from Trustor to Lander, tagether with all renewals of, extensions of, modifications af, refinancings of, consolidations
<br />pf, and substitutiona far the promissory note or agreement.
<br />Parsonal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or
<br />hereafter owned b.y Trustor, 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 dispositivn af the Property.
<br />Property. The word "Property" means collectively the Real Property and the Personal Prvperty.
<br />Real Property. The words "Real Property" mean the real property, intarests and rights, as further described in this Deed of 7rust.
<br />Related Documents. The words "Related Documents" mean all promissary notes, credit agreements, loan agreements, envirpnmental
<br />agreements, guaranties, security agreements, mortgages, deeds of trust, security deads, cpllateral mortgages, and all other
<br />.
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