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:� <br />, DEED OF TRUST <br />��•�°�' �� "' � f �� 1Continued) 2 010 0 9 0 3 4 Page 6 <br />Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and 6enefits of the homestead exemption laws of the <br />State of Nebraska as [o all Indebtedness secured by this beed of Trust. <br />DEFINITIONS. The following words shall have the fnllowing meanings when used in this Deed of Trust: <br />Beneficiary. The word "Beneficiary" means Exchange Bank, and its successors and assigns. <br />8orrower. The word "Borrawer" means Colleen J Carey and includes all co-signers and co-mskers signing the Note and all their <br />successors and assigns. <br />Deed of 7rust. The words "Deed of Trust" mean this Deed of Trust amang Trustor, Lender, and Trustee, and includes without <br />limitation ell assignment and security interest provisions relating to [he Parsonal Property and Rents. <br />Environmental Laws. The words "Environmental Laws" mean any and ali state, federal and local statutes, regu�ations and ordinances <br />relating #o the protec[ion of human health or the environment, including without limitation the Comprehensive Environmental <br />Responsa, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et saq. ("CERCLA"►, the 5uperfund <br />Amendments and Reauthorization Act of 1986, Pu6. L. No. 99-499 ("�ARA"►, the Mazardous Materiels 7ransportation Act, 49 U.S.C. <br />Section 1801, et seq., the Resource Canservation and Recovery Act, 42 U.S.C. Sectian 6901, et seq., or other applicahle state or <br />federal laws, rules, or regulations adopted pursuant ihereto. <br />Event vf Dafault. The words "Event of Default" mean any of the events of default set forth in this Deed of Trust in the events of <br />d�fau�t sectian �f this Deed v'F Trust. <br />Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommoda[ion party to Lender, including <br />without limitation a guaranty of all or part of the Note. <br />Mazardous 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 hszard to human health or the environment <br />when improperly used, treated, stored, disposed of, gen�rated, manufactured, transported or otherwisa handled. The words <br />"Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or [oxic <br />substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" alsa <br />includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. <br />Improvements. The word "Impravements" means all existing and futura improvements, buildings, structures, mobile homes affixed on <br />the Real Property, facilities, additions, replacements and other construction on the Real Property. <br />Indebtednass. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note <br />or Related Documents, together with all renewels of, extensions af, modifications of, consolidations of and substitutions for the Note <br />or Related Documents and any amounts expended or advanced by Lender to discharge 7rustor's obligations or expenses incurred by <br />Trustee or Lender to enforce Trustor's obligations under this Deed of Trust, togethar with interest on such amounts as provided in this <br />Deed of Trust. Specifically, without limitation, Indebtedness includes all amounts that may be indirectly secured by the <br />Crpss-Collateralization provision of this beed of Trust. <br />Lender. The word "Lender" means Exchange Bank, its successors and assigns. The words "successors or assigns" mean any person <br />or company that acquires any interest in the Note. <br />Note. 7he word "Nota" means the pramissory note dated November 22, 2010, In the 01'iglnal principal a1170Unt of <br />$1$�,000.00 from Trustor to Lender, together wi[h all renewals of, extensions of, modifications af, refinancings of, consolidations <br />of, and substitutions for the promissory note or agreement. <br />Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or <br />hereaiter vwned 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 fpr, any of such property; and together with all proceeds (including without <br />limitation all insurance proceeds an� refunds of premiums) from any sale or other dispositian ot the Property. <br />Property. 7he word "Property" means collectively the Real Property and the Personal Property. <br />Real Property. The words "Real Property" mean the real proper[y, interests and rights, as further described in this Deed of Trust. <br />Related Documents. The words "Relaced Documents" mean all promissory notes, credit agreements, loan agreements, environmental <br />agreements, guaranties, security agreements, mortgages, deeds of trust, security daeds, collateral mortgages, and all other <br />instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. <br />Rents. The ward "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derivad <br />fram the Property. <br />Trustee. The word "Trustee" means Exchange Bank, whose address is P.O. Box 5793, Grand Island, NE 68802 and any substitute <br />or successor trustees. <br />Trustor. The wnrd "Trustor" means Colleen J Carey. <br />TRUSTOR ACKNOWLEDGES HAVING REAb ALL THE PROVISIONS OF THIS D�ED OF TRUST, ANb TRUSTOR AGREES TO ITS TERMS. <br />TRUSTQR: <br />X'' <br />Colleen J Carey <br />INDIVIDUAL ACKNOWLEDGIVI�NT <br />STATE QF �� <br />COUNTY OF <br />1 SS <br />pn this day before me, the undersigned Notary Public, personally appeared Colleen J Garey, to me known ta 6e the individual descri6ed in <br />and who executed the Deed of Trust, and acknowledged that he or she signed ihe Deed of Trust as his or her free and valuntary act and <br />deed, for the uses and purposes therein mentioned. <br />Given undar my hand and official seal this _ ���_ _ day af � . Z� <br />s nc�-� <br />GENERAI NOTARY - State ot Nebra5ka Notary Public in a d for the State of _ <br />�w KiM WANNQN Residing at (��x-� — <br />My Comm. E�p• Aug. 6 2011 / <br />My commission expires �_ �— � -,.� I — <br />