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DEED OF TRUST
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<br />2oio+o���� �age�
<br />Trustpr+s abligations as ta any future transaction&. Whenever the cpnsent of Lender is required under this Deed of 7rust, the granting
<br />of such consent by Lender in any instance 9hall nat constitute continuing consant to subsequen# instences where such consent is
<br />required and in all cases such consent may be grented or withheld in the sole discretion of l.ender.
<br />Severa6ility. If a court of competent jurisdiction finds any provision of this Qeed of trust to be illegsl, invslid, or unenforceable ss to
<br />any circumstance, that finding shall not make the offending provislon illegal, invalid, or unenfprcasble ss to any other circumstance. If
<br />feasible, the offending provision shall be cnnsidered modified so that it becomes legal, valid and enforceable. If The offending
<br />provision cannot ba so modified, it shall be considered delated from this Deed of l'rust. Unless otherwise required by law, the
<br />illegslity, invalidity, or unenforceability af any provision of this Deed of Trust shall not affect the legality, validity or enfarceability nf
<br />any other provision of this Deed pf 7rust.
<br />Successors and Assigns. Subject ta any limitations stated in this Deed of Trust on trensfar pf Trustor's interest, this Deed of Trust
<br />sha�l be binding upon and inure to the benefit of the parties, their successors and assigns. If ownefship of the Prpperty becomes
<br />vested in a persan other then 7rustor, Lender, withaut notice to Trustar, may desl with 7rustor's successors wfth reference to this
<br />Deed of Trust and the Indebtedness by way of forhearance or extension without releasing Trustor from the obiigations of this Deed of
<br />Trust or Ilability under the Indebtedness.
<br />� ,. .. ..._._... ..._..�Ww..�,;.� .._P�.rformance of this deed of Trust.
<br />time ia of the Essenoe. 71me is of the essence m the e ,
<br />Walve Jury. All parties to this peed of Trust hereby weive the right to eny jury trial in any action, proceeding, or counterclaim 6rought
<br />by any party ageinst eny other party.
<br />Waivar of Homestead Exemption. Trustnr hereby releases and waives all rights and benefits of the homestead exemption lews af the
<br />State of Nebraska as to all Indebtedness secured by this Deed af Trust.
<br />DEFINITIONS. The following capitalized words and terms shall have the fallowing meanings when used in this Deed of Trust. Unless
<br />specificaliy stated to the contrary, all references to dollar amounts shall mean amounts in lewful money of the United 5tates of America.
<br />Wprds and terms used in the singular shall include the plural, and the plural shall include the singular, as the cpntext may require. Words
<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 />B9neficiary. 1'he word "Beneficiary" means Exchange Bank, and its successors and assigns.
<br />8brrower. 7he ward "Borrower" means FRANKLIN R HOCHS7ETLER and includes all co-signers and ca-makers signing the Note and
<br />all their successors and assigns.
<br />17eed of Trust. The words "Deed af Trust" mean this Deed of Trust among Trustor, Lender, and Trustes, end includes without
<br />limitation ail assignment and sec,urity interest provi.sions relating to the Personal Rroperty and Rents.
<br />Defautt. The word "�sfault" means the Default sat forth in this Deed of Trusr in the section titled "DefsulY'.
<br />Enviranmantal Laws. The words "�nvironmental Laws" mean any and all state, fadaral and Iqcel stetutes, regulations end ardinances
<br />relating to the protectipn of human heaith or the environment, including without limitation the Comprehensive Environmental
<br />Response, Compensatinn, and Liability Act of 1 as amended, 42 U.S.C. 5ection 9601, et seq. ("CERCLA"►, the Superfund
<br />Amendmenis and Reauthorization Act of 1988, Pub. L. No. 99-499 ("SARA"►, tha Hezardous Materials Transpnrtation 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 adapted 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 />6uaranty. The word "Guaranty" means the guaranty from guarantor, endorser, suraty, or accammadation party to Lender, including
<br />without limitation s guaranty of all or psrt of the Note. �
<br />� i . . . . ... . ,�,.� � • z •
<br />Wazardous Substances. Tha words "Hazardo�us Suhstances" mean materials that, because of their quantity, concentration qr
<br />physical, chemical or infectious characteristics, may cause or pose a presan# pr potentiel hezard to human health or the enviranment
<br />when improperly used, treated, stored, disposed of, generated, manutactured, transparted or otherwise handled. The words
<br />"Hazardous Substances" are used in their very broadest sense and include withqut limitation any and all hazardous or toxic
<br />substances, materials or waste as defined by or listed under the Envirpnmentel Laws. The term "Hazardous Substances" also
<br />includes, without limitation, petroleum and petroleum by-products ar any fractinn thereof and asbestos.
<br />Imprpvements. The ward "Improvements" means all existing and future imprqvements, 6uildings, structures, mobile homes affixed on
<br />the Real Property, facilities, additians, replacements and other canstruction on the Real Property.
<br />Indehtedness. The word "Inde6tedness" means all principal, interest, and other amounts, costs and expenses payable under the Nnte
<br />or Related �ocuments, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Nots
<br />or Relsted �ncuments and any amoun#s expended or advanced by Lender to discharge Trustor's nbligations or expenses incurred by
<br />7rustee or Lender tp enforce Trustor's obligations under this Dsed of 7rust, together with interest on such ampunts es providsd in this
<br />Deed of 7rust. Specifically, without limitation, Inde6tedness includes the future advences set forth in the Future Advances provision,
<br />together with all interast thereon and all amounts that may be indirectly secured hy the Cross-Callateralization provision of this Deed
<br />of Trust.
<br />Lender. The word "Lender" means Exchange Bank, its successors and assigns.
<br />Note.. The ward "Nnte" means the pramisspry note dated November 1, 2010, irt th6 original principal ampUnt Of
<br />$�5,Q00.00 from Trustor ta Lender, together with all renewals of, extenalons of, modifications of, refinencings of, consolidatlons
<br />of, and substitutions for the pramissary nate or agreement.
<br />Parsonel Property. The words "Personal Property" mean all aquipment, fixtures, and other articles af personal property now or
<br />hereafter owned by Trustar, and now or hereafter attached or affixed to the Real Property; togethar with ail accessions, parts, and
<br />sdditions to, all replacements of, and ell subsYltutians fpr, sny of such property; and together with all proceeds (ir�cluding without
<br />limitation all insurance proceeds and refunds of premiums) fram any sale ar nther disposition of the Property.
<br />Property. The word "Prpperty" means callectively the Real Property and the Personal Property.
<br />Real Property. The words "Real Prqpar#y" mean the real property, interests snd ri�hts, as turther described in this Daed of 7rumt.
<br />Related Documents. The words "Re�ated Documants" mean ali promissory notes, credit agreements, Inan agreements, environmental
<br />agreements, guaranties, security agreaments, mortgages, deeds of trust, security deeds, callateral mortgages, and all other
<br />instruments, agreements end documents, whether now or hereafter existing, exacuted in cvnnsction with the Indebtedness.
<br />Rents. The word "Rents" means all present and future rents, reuenues, incame, issues, royaities, profits, and nther 6enefits derived
<br />from the Property.
<br />Trustee. Ths word "Trustee" means EXCHANGE eANK, whose address is 1204 ALLEN DR / PQ BOX 5793, GRAND ISI.AND, NE
<br />68802 and any substitute or successor truatees.
<br />Trustor. The word "'7rustor" means FRANKLIN R HOCHSTETLER.
<br />TRUSTOR ACKNOWLEDG�S HAVINQ READ ALI. 7ME PROVISIONS OF THIS DEED OF TRUST, AND TRUS7DR A(3FiEES TO ITS TERMS.
<br />TRUSTOR:
<br />;
<br />,
<br />;: �:; ; ,:
<br />F A KLIN R HOCHST�TIER
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