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^. � � � .. � � g � � d � , , DEED OF TRUST
<br />(Cantinued) 2 Q l 0 O� 4 S[� Page 6
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<br />Severability. If a court of competent jurisdiction 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 iliegal, invalid, or unenforceable as to any other circumstance. If
<br />feasible, the pffending provision shall be considered modified so that it 6ecomes legal, valid and enforceable. If the offending
<br />provision cannot be so modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the
<br />illegality, invalidity, or unenforceability of any pravisian af this Deed of Trust shall not affect the legality, validity ar enforceability of
<br />any other provision of this Deed of Trust.
<br />Successors and Assigns. Subject to any limitations stated in this Peed of Trust on transfer of Trustor's interest, this Deed of Trust
<br />shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes
<br />vested in a person other than Trustor, Lender, without notice to Trustor, may deal with Trustor's successors with reference to this
<br />bsed nf Trust and the Indebtedness 6y 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 herehy waive the right to any jury trial in any action, proceeding, or counterclaim hrought
<br />by eny party egainst any other party.
<br />Waiver of Homestead �xemption. Trustor hereby releases and waives all rights and benefits of the homestead exemption laws of the
<br />State of Nebraska as to ali 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 to dallar 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 terms not otherwise defined in this Daed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code:
<br />Beneficiary. The word "Beneficiary" means Exchange Bank, and its successprs and assigns.
<br />Borrower. The word "Borrower" means David J Wetherilt and includes all co-signers and co-makers signing the Note and all their
<br />successors and assigns.
<br />Ueed of Trust. The wnrds "Deed 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 Rents.
<br />Default. The word "Default" means the Default set forth in this Deed of 1"rust in the section titled "Defeult".
<br />Environmental Laws. The words "Environmental Laws" mean any and all state, federel and local statutes, regulations and brdinances
<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"►, the 5uperfund
<br />Amendments and Reauthorization Act of 1986, Pub. l.. No. 99-499 ("SARA"), the Hazardaus Matarials 7ranspprtation Act, 49 U.S.C.
<br />5ection 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. 5ection 6901, et seq., or other applicahle 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 defiault set forth in this Deed of Trust in the events of
<br />default section of this Deed of Trust.
<br />Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommpdation party to Lender, including
<br />without limitation a guaranty of all or part of the Note.
<br />Hazardous 5ubstances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or
<br />physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment
<br />whan improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words
<br />"Hazardous Su6stances" are used in their very broadest sense and include without limitation any and all hazardnus or toxic
<br />substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous 5ubstances" also
<br />includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos.
<br />Improvements. The word "Improvements" mesns all existing and future improvements, huildings, structures, mo6ile homes affixed on
<br />the Real Property, facilities, additions, replecements and other construction on the Real Property.
<br />Indebtedness. The 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, consolidations of and substitutions for the Note
<br />or Related Qocuments and any amounts expended or advanced by Lender to discharge Trustor's obligations or expenses incurred by
<br />Trustae or Lender to enforce Trustor's obligations under this Deed 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 the Future Advances provision,
<br />together with all interest thereon and all amounts that may be indirectly securad by tha Cross-Collateralization provision af thia Daed
<br />of Trust.
<br />Lender. The word "Lender" means Exchange Bank, its successars and assigns.
<br />Note. The word "Nnte" means the promissory note dated October 12, 2010, in the Ori�inal prinCipal ampUnt Of
<br />$62,000.00 from Trustor to Lender, together with all renewals of, extensinns of, modifications of, refinancings of, consolidatinns
<br />of, and substitutions for the promissory note or agreement. NUTICE TO TRUSTOR: 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 nqw or
<br />hereafter owned by Trustor, and naw or hereafter attached or affixed to the Real Property; together with all accessions, parts, and
<br />additions to, all replacements af, 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 disposition of the Property.
<br />Property. The word "Property" means collectively the Real Praperty and the Personel Property.
<br />Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Deed of Trust.
<br />Ralated Dacuments. 7he words "Related Documents" mean all promissory notes, credit agreements, Ipan agreements, environmental
<br />agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, end all other
<br />instruments, agreements and documents, whether nnw or hereaiter existing, executed in connection with the Indebtedness.
<br />Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived
<br />from the Prqperty.
<br />Trustee. The word "Trustee" means �xchange eank, whpse address is P.Q. 8ox 5793, Grand Island, NE 68802 and any substitute
<br />or successor trustees.
<br />Trustor. The word "Trustor" means David J Wetharilt.
<br />TRUSTQR ACKNpWLEDGES HAVING R�AD ALL THE PROVISIONS OF TWIS DEED OF TRUST, AND TRUSTpR AGREES TO IT5 TERMS.
<br />TRUSTOR:
<br />X !
<br />bav Weth `It
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