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.. <br />;. e.�.� �'� ���.� ��,� w DEED OF TRUST 2 O 10 0 9 U 3� <br />(Cantinued) Page 6 <br />Waiver of Homestead Exemption. Trustar hereby releases and waives all rights and benefits af the homestead exemption laws af the <br />5tate of Nebraska as to all Indebtedness secured by this Deed of Trust. <br />DEFINIYIONS. The following words shall have the following meanings when used in this Deed of Trust: <br />Beneficiary. Tha ward "Beneficiary" means Exchange Bank, and its successors and assigns. <br />Borrower. The word "Borrower" means Colleen J Carey and includes all co-signers and cb-makers signing the Nbte and all their <br />successors and assigns. <br />Deed of Trust. The words "Deed of Trust" mean this ❑eed of Trust among Trustor, Lender, and Trustee, and includes without <br />limitation all assignment and security in[erest provisions relating [o [he Personal Property and Rents. <br />Environmental Laws. The words "Envirpnmantal Laws" mean any and all state, fedBral and local statutes, regulations and ardinBncas <br />relaiing to the proteciion of human health or the environment, including withbut limitatinn the Cbmprehensive Environmental <br />Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"1, the Superfund <br />Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"1, the Hazardous Materials Transportstion Act, 49 U.S.C. <br />Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. 5ectian fi901, et seq., ar ather applicable state or <br />federal laws, rules, or regulations sdop[ed pursuant thereto. <br />Event of Default. The words "Eveni of Default" mean any of the events of default set forth in this Deed of 7rust in the events of <br />default aaction ai this Dasd of Trust. <br />Cuaranty. The word "Guarsnty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, inciuding <br />without limitation a guaranty of all or part of the Note. <br />Hazardous Substanaes. The words "Hazardous Substances" maan materials that, because of their quantity, concentratipn pr <br />physical, chemical or infectiaus characteristics, may cause or pose a present or potential hazard to human health or ihe environment <br />when improperly used, treated, stored, disposed of, generated, manufactured, transported ar atherwise handled. The words <br />"Hazardous 5ubstances" are used in their very broadest sense and include without limitation any and all hazardaus ar toxic <br />substances, materials or waste as defined by or listed under tha Enviranmental Laws. 7he term "Hazardous Substances" aisa <br />includes, without limitation, petroleum and petrolaum 6y-products or any fraction thereof and asbestos. <br />Improvements. 7he word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on <br />the Real Property, facilities, additions, replacements and o[her cons[ruction on ihe Real Praperty. <br />Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note <br />or Related Documents, together with all renewals of, extensions of, modifications af, consplidatipns af and substitutions for the Note <br />or Related Documents and any amounts expended or advanced by Lender to discharga Trustar's obligations or expsnses 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. <br />Lendar. The ward "Lender" means Exchange Bank, its successors and assigns. The words "successors or assigns" mean any person <br />or company that acquires eny interest in the Note. <br />Note. The wora ° Note ° mea�s tne promissory �ote dated Novem6er 22, 2oto, in the original principal amount of <br />$13G,000.00 from Trustor ta Lander, together with all renewals of, extensions of, modificacions of, refinancings of, consolidations <br />of, and substitutions for the promissory note or agreement. The ma[urity date of this I]eed of Trust is November 22, 2017. <br />Personal Property. The words "Personal Property" mean all equipment, fixtures, and qther articles of personal property now or <br />hereafter owned by Trustor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and <br />additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (inciuding withou[ <br />limitation all insurance proceeds and refunds of premiumsl frpm any ssle or other disposition of the Property. <br />Property. 7he word "Proper[y" means collectively the Real Property and the Personal Property. <br />Real Property. The words "Raal Praperty" mean the real property, interests and rights, as further described in this Deed of Trust. <br />Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental <br />agreements, guarantias, security agreements, mortgages, deeds of trust, security deeds, collateral mor[gages, and all other <br />instruments, agresmants and documents, whether now or hereafter existing, executed in connection with the Indebtedness. <br />Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other 6enefits derived <br />from the Property. <br />Trustea. 7he word "Trustee" means Exchange Bank, whose address is P.O. eox 5793, Grand Island, NE fi8802 and any substitute <br />or successor trustees. <br />Trustor. The word "Trustor" means Calleen J Carey. <br />7RUSTOR ACKNOWI.EDGES HAVING READ ALL THE PROVISIONS OF THIS D�Lb OF THUS7, AN� TRUSTOR AGREES TO ITS TERMS. <br />TRUSTOR: <br />X > <br />Colleen J Carey <br />INDIVIDUAL ACKNOWLEDGMENT <br />STATE OF �_.��_ ��. <br />C4UNTY QF <br />► SS <br />On this day before me, the undersigned Notary Public, personally appeared Colleen J Carey, to me known to be the individual described in <br />and who executed the Deed of 1"rust, and acknowledged •that he or she signed the Deed of Trust as his or her free and voluntary act and <br />deed, for the uses and purposes therein mentioned. <br />Given under my hand and official seal this �� h � day of ���,��}�("�` . 2Q�. <br />GENERAL NOKA� YHANNQN braska <br />'� 6 2011 <br />�ly Comm. Etip• Aug <br />By <br />Nptary Pu i in end for the State of <br />Residing at � <br />My commission expires <br />