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DEED OF TRUST l � n +�
<br />Loan No: 132484 (Continued) 2 11 �� V 9 J�� P�ge 6
<br />vested in a person other than 7rustor, 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 forbearance or extension without releasing Trustqr from the obligations of this Deed of
<br />Trust or liability under the Indebtedness.
<br />Time is of the Essance. 7ime is af the essence in the perfarmance of this Deed of Trust.
<br />Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead exemption laws of the
<br />Stete of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br />DEFINItIONS. The following capitelized words and terms shall have the following meanings when used in this Deed of Trust. Unless
<br />specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money pt the United States of America.
<br />Words end terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Wards
<br />and terms not otherwise defined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commerclal Code:
<br />8eneficiary. The word "Beneficiary" means Geneva State Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means 0'Connor Prapertias, L.L.C. and includes all co-signers and co-makers signing the Note and all
<br />their successors and assigns.
<br />Deed of trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and includas without
<br />limitation all assignment snd security interest pravisions relating to the Personal Property end Rents.
<br />nefault. The word "Default" means the Default set forth in this peed of Trust in the section titled "Default".
<br />Environmental Laws, The words "Environmental 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 Environmantal
<br />Response, Compensation, and �iability Act of 19$0, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"►, the Superfund
<br />Amendments and Reauthorization Act of 19$6, Pu�. L. No. 99-499 �1"SARA"►, the Mazardous Materials 7ransportation Act, 49 U.S.C.
<br />Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Sectivn 6901, et seq., or other applicable stata or
<br />federal laws, rules, or regulations adopted pursuant thereto.
<br />Event of Default. The words "Event of DefaulT" mean any of the events of default sat forth in this Deed of Trust in the events of
<br />default section of this Deed of 7rust.
<br />Guerantor. The word "Guarantor" means any guarantor, surety, or accommodation party nf any or all of the Inde6tedness.
<br />Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of ell or part of
<br />the Note.
<br />Hazardous Substances. The words "Wazardous Substances" mean materials that, because of their quantity, concentration or
<br />physical, chemicel or infectious charecteristics, may cause or pose a present or potentiai 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 by or listed under the Environmental Laws. The term "Hazardous Substances" also
<br />includes, withnut limitation, petroleum and petroleum py-products or any fraction thereof and asbestos.
<br />Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile 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 Note
<br />or Related Documents, together with all renewals of, extensions of, modificatinns of, consolidations of and substitutions for the Note
<br />or Related Documents and any amounts expended or advanced by Lender ta discharge Trustor's obligations or expenses incurred by
<br />Trustee or Lender to enforce 7rustor's obligations under this Deed of Trust, together with interest on such amounts as provided in this
<br />Deed of Trust. Specifically, without limitation, Indebtedness includes the future advences set forth in the Future Advances provision,
<br />together with all interest thereon and all amounts thet m�y be indirectly secured by the Cross-Collateralization provision of this Deed
<br />of Trust.
<br />Lender. The word "Lender" means Geneva State Bank, its successors and assigns.
<br />Note. The word "Note" m�ans the promissory note dated December 16, 2010, In th@ original principal atl'1OU17t Of
<br />$382,500.00 from Trustor to Lender, tagether with all renewals of, extensions of, modifications of, refinancings of, consolidations
<br />of, and substitutinns far the promissory note or agreement.
<br />Personal Property. The words "Personal Proper#y" mean all equipment, fixtures, and nther articles of personal property now or
<br />hereafter owned by 7rustor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and
<br />additions tn, all replacements of, and all substitutions for, any of such property; and together with all prpceeds (including without
<br />limitation all insurance proceeds and refunds of premiums) from eny sala 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 and rights, ss further described in this Deed of Trust.
<br />Helated Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental
<br />agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other
<br />instruments, agreements and documents, whether now or hereafter existing, sxecuted in connection with the Indebtedness.
<br />Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, protits, and other benefits derived
<br />from the Prnperty.
<br />Trustae. Ths word "7rustee" means GENEVA S7ATE BANK, whose address is P.O. Box 313, Gensva, NE 68361 and any substitute
<br />or successor trustees.
<br />Trustar. The word "7rustor" means 0'Connor Properties, LLC..
<br />7RUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS D�ED pF TRUST, ANI] 7RUSTOFt AGRE�S 70 ITS TERMS.
<br />TRUSTOR:
<br />0'CONNOR R�i'ERTIES, L.L.C.
<br />By:
<br />Raym d J. O'Connor, President/Manager of O'Connor Properties, L.LC.
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