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D�ED OF TRUST
<br />lContinued) � o i o o� 4 4� P ��� 6
<br />define the provisions of this Deed of Trust.
<br />Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the
<br />Proper[y at any time held by or for the benefit of L.ender in any capacity, without the written consent of Lender.
<br />Governing l.aw. 7his Deed of Trwst will be governed by federal law applicable ta Lender and, to the extent not preempted by federai
<br />law, the laws pf the State qf Nehraska without regard to its conflicts of law provisions. This Deed vf 7rust has been accepted by
<br />Lender in the State of Nebraska.
<br />Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction pf the courts of Hall County,
<br />State of Nebraska.
<br />Joint and 5everal Liability. All obligations of Borrower and Trustor under this Deed of Trust shall be joint and several, and all
<br />raferences to Trustor shall mean each and every Trustor, and all references to Borrower shall mean each and every 8orrower. This
<br />means that each Trustor signing below is responsible for all obligations in this Deed of Trust.
<br />Np Waiver by Lsnrfer: Lender shait not be deemed �d have waived any rights under this Deed of Trust unless such waiver is given in
<br />writing and signed by Lender. No delay or amisaian on the part af Lender in exercising any right shall operate as a waivar af such
<br />right or any qther right. A waiver by Lender of a provision of this Deed of Trust shall not prejudice or cpnstitute a waiver of Lender's
<br />right otherwise to demand strict compliance with that provision or any vther prpvision of this Deed of Trust. Na prior waiver by
<br />Lender, nor any courss of dealing between Lender and Trustor, shall constitute a waiver of any of Lender's rights or ot any of
<br />Trustor's obligations as to any future transactions. Whenever the consent af L,ender is required under this Deed of Trust, the granting
<br />of such consent by Lender in any instance shall no# constitute eqntinuing consent to subsequent instances where such consant is
<br />required and in all cases such consent may be granted or withheld in the sole discretion of Lender.
<br />5everability. If a court of competent jurisdiction finds any provision of this Deed of Trust to ba illagal, invalid, or unenforceable as to
<br />any person or circumstance, that finding shall not make the offending provisipn illegal, invalid, or unenforceable as to any other person
<br />or circumstance. If feasible, the offending provision shall be considered mpdified so that it becomes legal, valid and enforceable. If
<br />the offanding provision cannot be so modified, it shall be considered deleted from this Deed of 1"rust. Unless otherwise required by
<br />law, the illsgality, invalidity, or unenforceability of any provision of this Deed of Trust shall not affect Che legality, validity or
<br />enforceability of any other provision of this Deed of Trust.
<br />5uccessors and Assigns. Subject to any limitations stated in this Deed of 7rust on transfer of Trustor's interest, this Deed ot Trust
<br />shall be binding upon and inure to tha benefit af the partias, their successors and assigns. If ownership of the Property becomes
<br />vested in a person other than Trustor, Lender, withqut notice to Trustor, may deal with 7rustor's successors with reference ta this
<br />Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Trustor from 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 Deed of Trust hereby waive the right to any jury trial in any action, proceeding, or cpunterclaim brpught
<br />by any party against any other party.
<br />Waiver of Hqmestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead exemptipn laws of the
<br />State 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
<br />specifically stated to the contrary, all references ta 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 context may require. Words
<br />and tarms not otherwise defined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code:
<br />8anaficiary. Tha word "Beneficiary" means GREAT WESTERN BANK, end its successors and assigns.
<br />Bprrpwer. The word "Borrower" means Teddy Lechner and includes all co-signers and co-makers signing the Note and all their
<br />successors and assigns.
<br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and includes without
<br />limitation all assignment and securiry interest provisions relating to the personal Proparty and Rents.
<br />Default. The word "Default" means the Default set forth in this �eed of Trust in the section titled "pefault".
<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 Comprehenaive Envirpnmental
<br />Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 96Q1, at seq. ("CERCLA"), the Superfund
<br />Amendments and Raauthorization Act af 19$6, Pub. L. Np. 99-499 ("SARA"►, the Hazardous Materials Transportation Act, 49 U.S.C.
<br />Section 18�1, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or
<br />federal laws, rules, or regulations adopted pursuant thereto.
<br />Event of Default. The words "Event of Default" mean any of the events of default set forth in this peed of "Crust in the events of
<br />default section of this Deed of 7rust.
<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. The words "Mazardous Substances" mean materials that, because of their quantity, cvncentration or
<br />physical, chemical or infectious characteristics, may cause or pose a present or potential hazard ta human health or the environment
<br />when improperly used, treated, storad, disposad pf, 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 ar waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also
<br />includes, without limitation, petroleum and petroleum by-products or any fraction thereqf and asbestos.
<br />Imprpvamentg. The word "Improvements" maans all sxisting and future improvements, buildings, structures, mobile homes affixed on
<br />the Real Property, facilities, additions, replacements and other construction on the Real Property.
<br />Indehtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and axpenses payable under the Note
<br />or Related bocuments,..together with all renewals of, exter,sions of, modifications of, consolidatians of and substitutions for the Note
<br />or Related Documents and any amounts expended ar advanced by Lender tp discharge Trustor's obligations or expenses incurred by
<br />Trustee or Lender to enforce Trustor's obligations under this Deed of 7rust, together with interest an such ampunts as provided in this
<br />Deed of Trust. Specifically, without limitation, Indebtedness includes the futura advances set forth in the Future Advances provision,
<br />tpgether with all interest thereon and all ampunts that may be indirectly secured by the Cross-Collateralization provision of this beed
<br />of Trust.
<br />Lender. The word "lender" means GREAT WEST�RN BANK, its successars and assigns.
<br />Note. The word "Note" means the promissory note dated October 5, 2010, In th9 prigir181 prinCipal BrtlOUr�t Of
<br />$59 from Borrower to l.ender, together with all renewals of, extensipns of, mpdifications of, refinancings of, consolidations
<br />of, and substitutipns fpr the prpmissary nqte ar agreement.
<br />Personal Property. The wqrds "Personal Prpperty" mean all equipment, fixtures, and other articles of personal property now or
<br />hereafter owned by Trustor, and now or hereafter attached or affixed to the Real Property; together with all accessians, parta, 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 dispasitipn of the Property.
<br />Property. The word "Property" means collectively the Real Property and the Parsonal Property.
<br />Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Deed of Trust.
<br />Related Documents. The wards "Related �ocuments" mean all promissory notes, credit agreements, Io�n agreements, environmental
<br />.
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