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� k{ �' � DEED OF TRUST 2 O � O U 7 G� Q
<br />(Continued) Page B
<br />Governing Law. This Deed of Trust will be governed hy federal law applicable to Lender and, to the extent not preempted 6y federal
<br />law, the laws of the 5tate of Nebraska without regard to its conflicts of iaw provisions. This Deed of Trust has been accepted by
<br />Lender in the Sta#e af Nebraska.
<br />Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdic[ion of the courts of Buffalo
<br />County, State of Nebraska.
<br />Joint and Several Liability. All obligations of 7rustor under this Deed of Trust shall be joint and several, and all references to Trustor
<br />shall mean each and every Trustor. This means that each Trustor signing below is responsible for all obligations in this Deed of Trust.
<br />No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given in
<br />writing and signed by Lender. No delay or omission an 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 of this Deed of Trust shall not prejudice or constitute a waiver of Lender's
<br />right otharwise to demand strict compliance with that provision nr any other provisibn of this Deed of Trust. No prior waiver 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 />Trustor's o6ligations as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting
<br />of such consent by Lender in any instance shall not constitute cnntinuing consent to subsequent instances where such consent 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 be illegal, invalid, or unenforceable as to
<br />any person or circumstance, thst finding shali not make the offending prnvision illegal, invalid, or unenforceable as to any other person
<br />or circumstance. If feasible, the offending provision shall be considered modified so that it becomes Iegai, valid and enforceable. If
<br />the offending provision cannot be so modified, it shall be considered deleted from this Deed of 7rust. Unless otherwise required by
<br />law, the illegality, invalidity, or unenforceability of any provision of this Deed of Trust shall not affect the lagality, validity or
<br />enforceability of any other prvvision of this Deed of Trust.
<br />Successors and Assigns. Subject to any limitations stated in this �eed of 7rust on transfer of 7rustor's interest, this Deed of Trust
<br />shall be 6inding 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 Trustor, Lender, without notice to Trustor, may deal with Trustor's successors with reference to this
<br />Deed of 7rust and the Indebtedness by way of forbearance or extension without releasing Trustor frvm the obligations of this Deed of
<br />Trust or liahility under the Indebtedness.
<br />Time is of the Essence. Time is of the essence in the performance of this beed af Trust.
<br />Waive Jury. All parties to this Deed of Trust here6y waive the right to any jury trial in any action, procaeding, or counterclaim brought
<br />by any party against any other party.
<br />Waiver of Momestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead exemption lews 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 �eed of 7rust. Unless
<br />specifically stated to the contrery, 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 context may require. Wards
<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 />Benaficiary. The word "Beneficiary" means Exchange 8ank, and its successors and assigns.
<br />Borrower. The word "Borrower" means Trent Huff and Penni Huff and includas all co-signers and co-makers signing the Note and all
<br />their successors and assigns.
<br />Deed of 7rust. The words "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 I'ersvnal Property and Rents.
<br />Default. The word "Default" means the Default set forth in this Deed of Trust in the section titled "Default".
<br />Enviranmantel Laws. The words "Enviro�rmental Laws" mean any and all state, federal and Ic�cal statutes, regulations �nd �[.dinances
<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. 5ection 9601, et seq. ("CERCLA"), the Superfund
<br />Amendments and Reauthorization Act af 1986, Pub. L. No. 99-499 ("SARA"►, the Hazardous Materials 7ransportation Act, 49 U.S.C.
<br />Section 1$01, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or qther applicable state or
<br />federal laws, rules, or regulations adopted pursuant thereto.
<br />Event of befault. 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 sectian of this Deed of 7rust.
<br />Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens provision of this
<br />Deed af Trust.
<br />Guaranty. The wvrd "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 "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 humen 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 Envirnnmental Laws. The term "Hazardous Substances" also
<br />includes, without limitation, petrnleum and petroleum by-products or any fraction thereof and asbestos.
<br />Improvements. The word "Improvaments" means all existing and future improvements, buildings, structures, mobile homes affixed on
<br />the Real Property, facilities, additions, replacements and other construction on the Real Property.
<br />Indebtedness. The word "Indebtedness" means all principal, interest, and nther amounts, costs and expenses payable under the Note
<br />or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutinns for the Note
<br />or Related Documents and any amounts expended or advanced by Lender to discharge Trustor's o6ligations or expenses incurred by
<br />Trustee 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 7rust.
<br />Lender. The word "Lender" means Exchange Bank, its successors and assigns.
<br />Note. 7ha wnrd "Note" means all past, present and future notes, loans or other obligations of the borrower.
<br />Personal Prvperty. The words "Personal Property" mean all equipment, fixtures, and other articlas of personal property now or
<br />hereafter owned by Trustor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and
<br />additivns 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 disposition of the Property.
<br />Praperty. The word "Property" means collectively the Real Property and the Personal Property.
<br />Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Deed of 7rust.
<br />Related Documents. 7he wards "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental
<br />agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other
<br />instruments, agreements and documents, whether now or hereafter 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 Property.
<br />Trustee. The word "Trustee" means Exchange Bsnk, whose address is P.O. eox 5793, Grand Island, NE 68802 and any substitute
<br />or successor trustees.
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