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" � � , j ' ': ' ' � � � ' ' DEED OF TRUST
<br />IContinued) `� O �. O � � `� � 3 �� s
<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 provision of this beed of 7rust to be illegal, invalid, or unenforceahle as tn
<br />any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforcea6le as ta any other circumstance. If
<br />feasible, the offending provision shall be considered modified so that it 6ecomes legal, valid and enforceable. If the offending
<br />pravision cannat be so modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the
<br />illegality, invalidity, or unenforceability of any provision of this Peed of Trust shall not affect the legality, validity or enforceability of
<br />any other provision bf this Deed of Trust.
<br />Successors and Assigns. Subject ta any limitatians stated in this Deed of Trust on transfer of Trustor's interest, this Deed af 7rust
<br />shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of The Property becomes
<br />vested in a person other than Trustar, Lender, without notice to Trustor, may deal with Trustor's successors with raference to this
<br />Peed of Trust and [he Indeb[edness by way of forbearance or extension without releasing Trustor from the o6ligations of this Deed of
<br />Trust or liabi�ity under the Indebtedness.
<br />Time is vf #he Essence. Time is of the essence in the performance of this Deed of Trust.
<br />Waive Jury. All parties to this Deed af Trust herehy waive the right to any jury trial in any action, proceeding, or counterclaim brought
<br />by any party against any other party.
<br />Waiver of Momestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead exemptipn laws of the
<br />State af Nebraska as to all Indebtedness secured by this Deed of Trust.
<br />DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this beed af Trust. llnless
<br />specifically stated to the con#rsry, all references to dollar amounts shall mean amounts in lawful money of the United SYates bt America.
<br />Words and terms used in the singular shell include the plural, and the.plurel shall include the singular, as the context may require. Words
<br />and terms not otherwise defined in this Deed of Trus[ shall have the meanings attributed to such terms in the Uniform Commercial Cade:
<br />Beneficiary. The word "Beneficiary" means Exchange Bank, end its succassors and assigns.
<br />Bowrower. The word "Borrower" means Encinger Enterprises, LLC and includes all co-signers end ca-makers signing the Note and all
<br />their successors and assigns.
<br />Deed of Trust: "fhe wnrds "beed of Trust" mean this Deed of 7rust among 7ruatar, Lender, and Trustee, and includes without
<br />limitation all assignment and security interest provisions relating to the Personal Prnperty and Rents.
<br />Default. 7he word "DefaulY' means the Default set forth in this Deed of 7rust in tha saction titled "Default".
<br />Envirpnmental Laws. The wprds "Envirpnmental Laws" mean any and all state, federal and local statutes, regulations and ordinances
<br />relating to the protection of human health or the 'environment, including without limitation the Comprehensive Environmental
<br />Response, Gompensation, and Liability Act of 198p, as amended, 42 U.S.G. Section 9601, et seq. ("CERCLA"1, the Superfund
<br />Amendments and Reauthorization Act bf 1986, Pub. �L No. 99-499 ("SARA"), the Hazardbus Materiels 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 applicabte state or
<br />federal laws, rules, or regulations adopted pursuant tP�ereto.
<br />Event of Default. The words "�vent of DefaulY' mean any of the events of defeult set forth in this Deed of Trust in the events of
<br />default saction of this Deed af Trust.
<br />Gua�anty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including
<br />without limitation a guaranty af all or part af the Nate.
<br />Hazardous Su6stances. The words "Hazardous Substances" mean materials that, hecause 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 />subsiances, materials or waste as defined by pr losted under the Environmental Laws. The term "Hazardaus Substances" also
<br />includes, without limitation, petroleum and petroleum by-prnducts ar any fraction thereof and asbestos.
<br />Improvements. The word "Improvements" means all existing and future impravements, huildings, structures, mobile homes affixed on
<br />the Real Property, facilities, additions, replacements and other cnnstructinn on the Real Property.
<br />Inde6tedness. The word "Indebtedness" means all principal, interest, and other amounts, cos#s and expenses payable under the Note
<br />or Related Documents, together with all renewals of, extensions of, modificatians of Cpl1SpIIdBllpfl8 pf afld SUbS[I(ULIOf1S TOf IF18 NOtB
<br />pr Related Documents and any amounts expended or advenced by Lender to discharge 7rustbr's obligations or expenses incurred by
<br />Trustee or Lender to enforce Trustor's pbligatipns under this Deed of Trust, together with interest on such �mounts as prpvidad in this
<br />Deed of Trust. Specifically, without limitation, Inde6tedness innludes 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 of this Deed
<br />of Trust.
<br />Lender. The word "Lender" means Exchange Bank, its successars and assigns.
<br />Nota. The word "Note" means the promissory note dated December 8, 2010, In the original principal amount of
<br />$105,000.00 from Trustor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations
<br />of, and substitutions for the promissory note or agreement. NOTICE TO TRUSTOR: THE NOTE CONTAINS A VARIABLE INTEREST
<br />RATE.
<br />Personal Property. The words "Personal Property" mean ell equipment, fixtures, and other articles of personal property now or
<br />hereafter owned by Trustor, and now or hereafter attached or affixed to the Real Property; together with aIl accessions, par[s, and
<br />additions to, all replacements of, and all substitutians for, 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 Prpperty and the Personal Property.
<br />Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this beed of Trust.
<br />Related Documents. 7he words "Related Dpcumants" mean all promisspry notes, credit agreements, loan agreemer�ts, envirpnmentsl
<br />sgreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other
<br />instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness.
<br />Rents. The word "Rents" means a�l present and future rents, revenues, income, issues, royalties, profits, and other benefits derived
<br />frpm the Property.
<br />Trustea. The word "Trustae" means Exchange Bank, whose address is P.O. Box 5793, Grand Island, NE 68802 and any substitute
<br />or successor trustees.
<br />Trustor. The word "Trustor" means Encinger Enterprises, LLC.
<br />TRUSTOR ACKNOWLEDGES HAVING REAp ALL THE PRQVISIQNS pF THIS DEED OF TRU$7, AND 7R11S70R AGREE$ TQ IT5 TERMS.
<br />TRUSTOR:
<br />ENCIN TERPRISES, LL
<br />ey: �
<br />ndrew Encinger, M er of Encinger Enterprises, LLC
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