, , r.
<br />DEED OF TRUST 2 O��� O 3 r� �
<br />(Continued) Page 6
<br />Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits nf the homestead exemption laws of #he
<br />Stete of Ne6raska as to all Indebtedness secured by this Deed of Trust.
<br />D�FINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of 7rust. Unless
<br />specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United 5tates of America.
<br />Words and 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 o#herwise defined in this beed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code:
<br />Beneficiary. The word 'Beneficiary" means Platte Valley State Bank & Trust Cpmpany, and its successors and assigns.
<br />Borrower. The word "Borrower" means Martin G. Tilley and Barbara J. Tilley and includes all co-signers and co-makers signing the
<br />Note and all their successors and assigns.
<br />Deed of Trust. The words "Deed of 7rust" mean this beed of 7rust among Trustor, Lender, and Trustee, and includes without
<br />limitation all assignment and security interest provisions relating to the Personal Property and Rents.
<br />Default. The word "Default" means the befault set forth in this beed of Trust in the section titled "befault".
<br />�nvironmental Laws. The words "Environmental Laws" mean any and all state, federal and Iocal statutes, regulations and ordinances
<br />relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental
<br />Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"I, the Superfund
<br />Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), 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 of Default" mean any of the events of default set forth in this Deed of Trust in the events of
<br />default section of this Deed of Trust.
<br />Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including
<br />without limitation a guaranSy of all or part of 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 ta human health or the environment
<br />when improperly used, treated, stored, disposed of, generated, manufactured, transpprted or otherwise handled. The words
<br />"Hazardous 5ubstances" are used in their very broadest sense and indude 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, 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, s#ructuras, mo6ile homes affixed on
<br />the Real Property, facilities, additions, replacements and other construction on the Real Property.
<br />Inde6tedness. 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 of, consolidations of and substitutions for the Note
<br />or Related Documents and any amounis expended or advanced by Lender to discharge Trustor's obligations or expenses incu�red 6y
<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. Specificaliy, without limitation, Indebtedness includes the future advances set forth in the Future Advances provision
<br />of this �eed of Trust, together with all interest thereon.
<br />Lender. The word "Lender" means Platte Valley 5tate 6ank & Trust Company, its successors and assigns.
<br />Note. The word "Note" means the promissory note dated January 13, 2011, IIl thB Of1g11181 principal amaunt Of
<br />$250,000.00 from Trustor to l.ender, 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 CdNTA1N5 A VARIABLE INTERE57
<br />RA'fE.
<br />personal Property. 7he words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or
<br />hereafter owned 6y Trustor, and now or hereafter attached or affixad 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 (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 and rights, as further described in this Dead of Trust.
<br />Related Documents. The words "Related Pocuments" 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, executed in connection with the Indebtedness.
<br />Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived
<br />from the Property.
<br />7rustee. The word "Trustee" means Platte Valley State Bank & Trust Company, whose address is PO Box 430, Kearney, N�
<br />68$48-0430 and any su6stitute or successor trustees.
<br />Trustor. The word "Trustor" means Martin G. Tilley and Barbara J. Tilley.
<br />EACH TRUSTOR ACKNOWLEDGES HAVING R�AD ALL THE PROVISIONS OF THIS DEED OF tRUST, AND EACH TRUSTOR AGREES TO
<br />ITS TERMS.
<br />TRUSTOR: ���„ "
<br />X , .:: '�j��, �y� G G %
<br />Martin G. Tilley
<br />t
<br />X r . } .� .
<br />Barbara J. Tilley �"'
<br />
|