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�� �> �� � f��� DEED OF TRUST 2 D 1 0 �$ s 3 6
<br />1Cantinuedl Pa�e s
<br />Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be iliegal, invalid, or unenforceable as to
<br />any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If
<br />feasible, the offending pravision shall be considered modified so that it becomes legal, valid and enforceable. if the offending
<br />provision cannot 6e so modified, it shall be considered deleted frpm this Desd of Trust. Unless ptherwise required 6y law, the
<br />illegality, invalidity, or unenforceability of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of
<br />any other provision of this Deed of Trust.
<br />Successors and Assigns. Subject to any limitations stated in this Peed of Trust on transfer of Trustor's interest, this beed of Trust
<br />shall 6e binding upnn and inure to the benefit of the p�rties, their successors and assigns. If ownership bf the Property becnmes
<br />vested in a person 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 by way of fvrbearance or extension without releasing Trustor from [he obligations of ihis Deed of
<br />Trust or liability under the Indel�tedness.
<br />Time is af the Essence. Time is of the essence in the performance of this Deed of Trust.
<br />Waive Jury. All parties Yo this Deed of Trust hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought
<br />by any p�rty against any other party.
<br />Waivar of Homestaad Exemption. Trustor hereby releases and waives all rights and benefits af the homestead exemption laws nf the
<br />State of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br />DEFINITIONS. The following capitalized words end terms shall have the following meanings when used in this Dead af Trust. Unlsss
<br />specifically stated to the contrary, all references to dol�ar amounts shall mean amounts in lawful mnney of the United States of America.
<br />Words snd 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 DBed of Trust shall have the meanings attributed to such [erms in the Uniform Commercial Code:
<br />Beneficiary. The word "Beneficiary" means Exchange Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means David J Wetherilt and includes all co-signers and co-makers signing the Note and all their
<br />successors and assigns.
<br />Deed of Trust. The words "Deed of Trust" mean this beed af Trust among Trustor, Lender, and Trustee, and includes without
<br />limitation all assignment and security interest pravisions relating to the Personal Property and Rents.
<br />Default. The word "PefaulY' means the �efault set forth in this Deed of Trust in the section titled "Default".
<br />Environmental Laws. The words "Environmental Laws" mean sny and all state, federal and local statutes, regulations and ordinances
<br />relating to the pratection of human health or the environment, including without limitation the Comprehensive Environmental
<br />Response, Compensation, and Liabiliry Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCI.A"►, the Superfund
<br />Amendments and Reauthorization Act af 1986, Pub. L. No. 99-499 1"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 />federal laws, rules, or regulations adopted pursuant thereto.
<br />Event of Default. The words "Event af Default" mean any of the events of defauk set forih in this Deed of Trus# in the events of
<br />default section of this �eed 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 af the Note.
<br />Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or
<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, stored, disposed of, generated, manufactured, transported or otherwise handled. The words
<br />"Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic
<br />substances, materials or waste as defined py or listed under the Environmental Laws. The term "Hazardous Substances" also
<br />includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos.
<br />Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, ma6ile 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 other amounts, costs and expenses payable under the No#e
<br />or Related Dpcuments, together with all renewals of, extensions of, modifications of, consolidations 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 enforce Trustor's obligations under this beed of Trust, tagether with interest on such amounts as provided in this
<br />Deed of Trust. Specifically, without limitation, Indabtedness 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 af this beed
<br />of Trust.
<br />Lender. The word "Lender" means Exchange Bank, its successors and assigns.
<br />Note. The word "Note" means the promissory note dated November 17, 2010, irt thC Ot'1�117a1 principal atTlOUnt Of
<br />$44,QOQ.00 from 7rustor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, cansolidations
<br />of, and substitutions for the promissory note ar agreement. NOTICE TO TRUSTOR: THE NOTE CONTAINS A VARIABLE IN7EREST
<br />RATE.
<br />Personal Property. The words "Personal Property" mean atl equipment, fixtures, and other articles of personal property now or
<br />hereafter owned by Trustor, and now or hereafter attached ar aftixed to the Real Property; together with all accessions, parts, and
<br />additions to, all replacements of, and all substitutions far, any of 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. The word "Property" means collectively the Real Property and the Personal Property.
<br />Real Property. The words "Real Property" mean the real property, interests snd rights, as further described in this Deed of Trust.
<br />Related Documents. The words "Related �ocuments" mean all promissory notes, credit agraaments, loan agreements, environmental
<br />agreemenis, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral morigages, and atl other
<br />instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness.
<br />Ftents. The word "Rents" means all present and future rents, revenues, incame, issues, royalties, prnfits, and other benefits derived
<br />from the Property.
<br />Trustse. The word "Trustee" means Exchange Bank, whose address is P.O. Box 5783, Grand Island, NE 68802 and eny substitute
<br />or successor trustees.
<br />Trustor. The word "Trustor" means David J Wetherilt.
<br />TRUSTpR ACKNOWLEDGES HAVING READ ALI. THE PRpV1510N5 DF 7HI5 DEED OF TRUST, AND TRUSTpR AGREES TO IT5 TERMS.
<br />TRUSTOR:
<br />X F
<br />;
<br />Dav J Wet erilt
<br />
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