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<br />' ` � ` �' '' � � ° � �� DEED OF TRUST
<br />IContinuedl 2 Q � � U 7 g g 3 Page 6
<br />Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the
<br />parties as to the matters set forth in this Daed of Trust. No alteration of or amendment tn this Deed of 7rust shall be effective unless
<br />given in writing and signed by the party or parties spught ta be charged or bound by the alteration or amendment.
<br />Annual Reports. If the Property is used for purposes other than ?rustor's residence, 1'rustor shall furnish to Lender, upon request, a
<br />certified statement of net operating incame received frqm the Property during Trustor's previous fiscal year in such form and detail as
<br />Lender shall require. "Net operating income" shall mean all cesh receipts from the Property less all cash expenditures made in
<br />connectipn with #he operation of the Property.
<br />Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or
<br />define the provisions af this Deed of Trust.
<br />Merger. There shall be no merger of the interest or estate created by this Dead of Trust with any other interast or estate in the
<br />Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender.
<br />Governing Law. This Deed of Trust will be gavemed by fedaral law applicable tq Lender and, to the extent not preempted hy federal
<br />law, the laws of the State of Nebraska without regard ta its canflicts of law provisions. This Dead of 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 of the courts of Buffalo
<br />County, 5tate of Nebraska.
<br />Joint and 5everal Lia6ility. All obligations of Borrower and Trustor under this Deed of Trust sliall be jaint and several, and all
<br />references to Trustor shall mean each and every Trustor, and all references to Borrower shall mean each and every Borrower. This
<br />means that each Trustor signing below is responsible for all obligations in this Deed of Trust.
<br />Np Waiver py 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 on 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 pravisian of this beed of Trust shall not prejudice or constitute a waiver of Lender's
<br />right otherwise to demand strict compliance with that provision ar any other provision of this Deed of Trust. No prior waiver by
<br />Lender, npr any caurse of dealing between Lender and Trustor, shall constitute a waiver of any of Lender's rights or of any of
<br />7rustor's obligatipns as to any future transactions. Whenever ihe consent of Lender is required under this Deed of Trust, the granting
<br />of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is
<br />required and in all cases such consent may be granted ar withheld in the sole discretion of Lender.
<br />Severabflity. If a court of competent jurisdiction finds any prpvision pf Ehis Deed of T�ust to be illegsl, invalid, or unenfprceable as ta
<br />any person or circumstance, that finding sh�ll npt make the offending provision 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 legal, valid and enforceable. If
<br />the otfending 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 of any other provision of this �eed of Trust.
<br />Successars and Assigns. Su6ject to any limitations stated in this Deed 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 notica to Trustor, may deal with Trustor's successors with reference to this
<br />Deed of Trust and the Indebtedness 6y way of forbearance or extension without releasing Trustor from the obligations of this Deed ot
<br />Trust or liability under #he Indebtedness.
<br />Time is of the Essenca. 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 tha right te any jury trial in �ny mction, pracaading, or counterclaim 6raught
<br />hy any party against any other party.
<br />Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead exemption laws of [he
<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 to dollar, amounts shall mean amounts in lawiul money of the United 5tates 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 peed of Trust shall have the meanings ettri6uted to such terms in the Uniform Commercial Code:
<br />Beneficiary. The word "Beneficiary" means Exchange Bank, and its successors end assigns.
<br />Borrower. The word "Borrower" means Paul J, Younas and includes all co-signers and co-makers signing the Note and ell their
<br />successors and assigns.
<br />Deed of Trust. The words "Deed of TrusY' mean this Deed of Trust among Trustar, 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 7rust in the section titled "Default".
<br />Environmental Laws. The words "Environmental Laws" mean any and all state, federal and Iocal statutes, regulatipns and ordinances
<br />relating to the protection of human health or the environment, including without limitation tha Cnmprehensive Environmental
<br />Response, Compensation, and Liability Act of 19$0, as amendad, �F2 U.S.C. Sectinn 9601, et seq. ("CERCLA"), the Superfund
<br />Amendmen[s and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"�, 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 />federal laws, rules, or regulations adopted pursuant thereto.
<br />Event of Dafault. 7he words "Event of Default" mean any of the events of default set forth in this peed of Trust in the events of
<br />defsult section of this beed ot Trust.
<br />Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including
<br />without limitatian 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 infectiaus characteristics, may cause or pose a present or potential hazard to human 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 includa without limit�tion any and all hazardpus ar taxic
<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 hy-praducts or any fraction thereof and asbestos.
<br />Improvamants. The ward "Improvements" means all existing and future improuements, buildings, structures, mobila 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 othar amaunts, cnsta and expenses payable under the Nnte
<br />or Related Documents, together with all renewals of, extensians of, modifications of, consolidations of and suhstitutions for the Note
<br />or Related Documents and any amounts axpended or advanced by Lender to discharge Trustor's obligations 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 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 secured by the Cross-Collateralization provision of this Deed
<br />of Trust.
<br />Lender. The wnrd "Lander" means Exchange Bank, its successors and assigns.
<br />Npte. The word "Note" means the promissory note dated October 21, 2010, In the orlginal plrinCipal amount of
<br />$$54 ,469.00 from Borrower to Lender, together with all renewals of, extensians of, madifications of, refinancings of,
<br />consolidations of, and substitutions for the promissory note ar agreement. NOTICE TO tRUS70R: 7H� N07E CONTAINS A
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