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; � � , " � y ' �-, : DEED OF TRUST � O � O O g � 4 �
<br />(Cantinued)
<br />Page 6
<br />Amendments. 7his beed 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 Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless
<br />given in writing and signed by the party or parties sought to be charged ar baund by the alteration ar amendment.
<br />Annual Reports. If the Property is used for purposes other than Trustor's residence, Trustor shall furnish to Lender, upon request, a
<br />certified statement of net operating income received from the Property during Trustar's previous fiscal year in such form and detail as
<br />Lender shall require. "Net opera#ing income" shall mean all cash receipts from the Property less all cash expenditures made in
<br />connectian with the 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 of this Deed of Trust.
<br />Merger. There shall be no merger af the interest or estate created by this Deed of Trust with any other interest or estate in the
<br />Froperty at any time held by or for the benefit of Lender in any capaciry, without the written consent of Lender.
<br />Governing Law. This Deed of Trust will be governed by federal law applica6le te Lender and, to the extent not preemp#ed 6y federsl
<br />law, the laws of the 5tate of Nebraska without ragard to its conflicts of law provisions. This Deed of Trust has been accepted by
<br />Lender in the $tata of Nebraske.
<br />Choice of Venue. If there is a lawsuit, Trustor agrees upon l.ender's request to submit to the jurisdiction of the courts of Buffalo
<br />County, State of Nebraska.
<br />Joint and Several Liability. All o6ligations of Borrower and Trustor under this Deed of Trust shall be joint 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 />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 on the part of Lender in exercising any right shall operate as a waiver of such
<br />right or any ather right. A waiver try Lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's
<br />right otherwise to demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by
<br />Lender, nor any course of dealing 6etween Lender and Trustor, shall constitute a waiver of any of Lender's rights or of any of
<br />Trustor's obligations 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 continuing consent ta subsequent instancas wh�re such cpnsent is
<br />required and in all cases such consent may be granted or withheld in the sole discretion of Lender.
<br />Severability. If a court of competent jurisdiction finds any prpvision of this Deed of 7rust to be illegal, invalid, or unenfarceable as to
<br />any person or circumstance, that finding shall not 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 sn that it becomes legal, valid and enforceable. If
<br />the offending provision cannot �e sa 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 />anfarceability of any other provision of this Deed of Trust.
<br />Successors and Assigns. Subjec# 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 6anefit 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 Tr�stor, may deal with Trustor's successors with reference to this
<br />Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Trustor from the obligations of this Deed of
<br />Trust or liabifity 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 Peed of Trust hareby waive the right to any jury trial in anq sctian, proceeding, or counterclaim brought
<br />by 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 the
<br />State of Nabraska as to all Indebtedness secured by this Deed of Trust.
<br />DEFINITIONS. The following capitalized wards and terms shall have the following meanings when used in this Deed of Trus[. Unless
<br />specifically stated to the contrary, 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. Words
<br />and terms not otherwise defined in this Deed of 7rust shall have the meanings attributed to such terms in the Uniform Commercial Code:
<br />Beneficiary. The word "Beneficiary" means Exchange Bank, and its successars and a5signs.
<br />Borrower. The word "eorrower" means Marcos Perez and Everardo Perez and includes all co-signers and co-makers signing the Note
<br />and 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 />Default. 7he word "Default" means the Default set forth in this Deed af Trust in the sectian titled "Default".
<br />Enviranmant�l Laws. The words "Environmental Laws" mean any and all state, faderal and local statutes, regulations and ordinancas
<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 9fi01, et seq. ("CERCLA"►, the Superfund
<br />Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"►, the Hazardous Materials l'ransportation Act, 49 U.S.C.
<br />Sectian 18p1, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 8901, et seq., ar pther applicable state or
<br />federel laws, rules, or regulations adopted pursuant thereto.
<br />Event of Default. 7he wprds "Event of Default" mean any of the events of default set forth in this Deed of 7rust in the events of
<br />default section of this Deed of Trust.
<br />Guaranty. The word "Guaranty" means the guaranty fram guarantor, endnrser, surety, or accommodation party to Lender, including
<br />without limitation a guaranty af all ar part af the Note.
<br />Hazsrdnus Suhstances. The words "Mazardous Substances" mean materials that, 6ecause of their quantity, concentration nr
<br />physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment
<br />when improperly used, treated, stnred, disposed of, generated, manufactured, transported or otherwise handled. The words
<br />"Hazardaus Substances" are used in their very broadest sense and include without limitation any and all hazardous ar taxic
<br />su6stances, materials or waste as defined by or listed under the Environmental Laws. The term "Hezardous Substances" also
<br />includes, without limitation, petroleum and petraleum by-products or any fraction thereof and asbestos.
<br />Improvements. The word "Improvements" means sll existing and future improvements, buildings, structures, mobile homes affixed on
<br />the Real Property, facilities, additions, replacements and other construction on the Real Properry.
<br />Indebtedness. The word "Indebtedness" means all principal, intarest, and other amounts, costs and expenses payable under the Note
<br />or Related Documents, together with al) renewals of, extensiqns of, modifications of, consolidations of and suhstitutions for the Note
<br />or Related �ocuments and any amounts expandad ar advanced by Lender to discharge Trustor's obligations or expenses incurred by
<br />Trustee or l.ender 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 interast thereon and all amounts that may be indirectly secured by the Cross-Collateralization provision of [his Deed
<br />of Trust.
<br />Lender. The word "Lender" means Exchange Bank, its successors and assigns.
<br />Note. The ward "Nata" means the promissory note dated October 29, 2010, Itl the Ori9inal prinCipal �mOUnt Of
<br />$28,800.00 from Borrower to Lender, together with all renewals af, extensiqns of, mqdifications of, refinancings of, consolidations
<br />of, and substitutions for the promissory note or agreement. NOTICE TO 7RUS70R: THE NOTE CONTAINS A VARIABLE INTEREST
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