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DEED OF TRUST <br />, ; � ^ � �. � , , � � , � (Continued) 2 010 � "� "r 3 � �� s <br />required and in all cases such consent may be granted or withheld in the sols discretion of Lender. <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 person or circumstance, that finding shall not make the offending provision illegal, invalid, ar unenforceable as to any other person <br />or circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. It <br />the offending provision cannot be so modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required by <br />law, the illegality, invalidity, or unenforceability of any provision of this Deed of Trust shall not affect the legality, validity or <br />enforceability af any other provision of this beed of "Crust. <br />Successors and Assigns. Subject ta any limitatians stated in this Deed of Trust an transfer of Trustor's interest, this Deed of Trust <br />shall 6e 6inding upon and inure to the 6enefit of the parties, their successors and assigns. If ownership of the Property becomes <br />vested in a perspn other than Trustor, Lender, without notice to Trustor, may deal with Trustor's successors with reference to this <br />Deed of Trust and the Indebtedness 6y way of for6earance or extension without releasing Trustor from the obligations of this Deed of <br />Trust or liability under the Indebtedness. <br />Time is pf the Essence. Time is ot the essence in the performance of this Deed of Trust. <br />Waive Jury. All par#ies tp this Deed af Trust here6y waive the right to any jury trial in any action, proceeding, or counterclaim brought <br />by eny party against any other party. <br />Waiver of Homastead Exemption. Trustor hereby releases and waives all 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 />DEFINITIONS. The tollowing capitalized words and terms shall have the fallowing meanings when used in this Deed of Trust. Unless <br />specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the tJnited 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 Deed of Trust sNall have the meanings attributed to such terms in the Uniform Commercial Code: <br />Beneficiary. The word "Beneficiary" meana Exchange Bank, and its successors and assigns. <br />Borrower. The word "Borrower" means Trent R Huff and Penni L Huff and includes all co-signers and co-makers signing the Note and <br />all their 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 security interest provisions relating to the Personal Property and Rents. <br />befault. 7he word "Default" means the Detault set forth in this Deed of Trust in the section titled "Default". <br />Enviranmental 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, Compensatipn, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"►, the Superfund <br />Amendments and Reauthorization Act of 1986, Pul�. L. No. 99-499 ("SARA"1, the Hazardous Materials Transportation Act, 49 U.S.C. <br />Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or <br />federel 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 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 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, hecause af their quantity, concentration or <br />physical, chemical or infectious chsracteristics, mey cause or pose a present or potential hazard to human health or the environment <br />when impraperlK used, treated, stored, disposed pf, ganerated, marjufactured, transported or otherwise .handled,. The words <br />"Hazardous Substances" are used in [heir very broadest sense snd include without limitation any and ell 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 or eny traction thereof and asbestos. <br />Impravements. The word "Improvements" means all existing and future improvements, huildings, 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 amaunts, costs and expenses payable under the Note <br />or Related Documents, together with all renewals of, extensions of, modifications of, cnnsblidations 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 enforca Trustor's obligations under this Deed of Trust, together with interest on such amounts as provided in this <br />Deed of Trust. Specifically, without limita[ion, Indebtedness includes the future advances set fnrth in the Future Advances provision, <br />together with all interest thereon and all amounts that may be indirectly secured by the Cross-Collateralization provision af this beed <br />of Trust. <br />Lender. The ward "Lender" means Exchange Bank, its successors and assigns. <br />Note. The word "Note" means the promissory note d8ted Octqber 18, 201 p, In thA original principal amaunt Of <br />$58,875.00 from Trustor to Lender, together with all renewals of, extensions of, modificatipns of, r�fin�ncings of, cansolidatians <br />of, and substitutions for the promissory note or agreement. NpTICE TO TRUS7'OR: 7HE NOTE CONTAINS A VARIABLE IN7EREST <br />RATE. <br />Persongl Praperty. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now ar <br />hereafter owned by Trustor, and now or hereafter attached or affixed to the Real Property; together with al) accessions, parts, and <br />additions to, all replacements of, and all substitutions for, any af 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. 7he word "Property" means collectively the Real Property and the Personal Property. <br />Real Property. The wards "Figal I�roperty" mean the real property, interests and rights, as further described in this peed of Trust. <br />Ralated bacuments. The words "Related Documents" mean all promissory notes, cradit agraements, loan agreements, enviranmental <br />agreements, guaranties, security agreements, mortgages, deed� af trust, security deeds, oallateral mur;gages, and all other <br />instruments, agreements and documents, whethe� now dr hereafter existing, exeouted in connectian with the Indebtedness. <br />Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and ather benefits derived <br />frpm the Property. <br />Trus#ee. "fhe word "Trustee" means Exchange Bank, whose address is P.p. Box 5793, Grand Island, NE 68802 and any substitute <br />or successor trustees. <br />Trustar. The word "Trustor" means Trent R Huff and Penni �. Huff. <br />EACH TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIQNS OF THIS DEED OF TRUST, AND EACH TRUSTOR AGREES TO <br />ITS TERMS. <br />