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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.
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