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, D�ED OF TRUST s � Q
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<br />Lender, nor any course of dealing between Lender and 7rustor, shall constitute a waiver of any of Lender's rights or of any af
<br />Trustor's obligations as to any future transactions. Whenever the consent of Lander is required under this Deed of Trust, the granting
<br />of such consent by Lender in any instance shall not constitute coniinuing consent to subsequent instances where such consent is
<br />required and in all cases such consent may be granted or withheld in the sole discretion of Lender.
<br />5everahility. If a court of competent jurisdiction finds any provision of this need of 7rust to be illegal, invalid, or unenforceable as to
<br />any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any oiher circumstance. If
<br />feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending
<br />provision cannot be so modified, it shall be considered deleted from [his Deed of Trust. Unless otherwise required by law, the
<br />illegality, invalidity, or unenforceability of any provision of this �eed of Trust shall not affect the legality, validity or enforceability of
<br />any other provision of this Deed of Trust.
<br />Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor's interest, this Deed of 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 Trustor, Lender, without nbtice to 7rustor, may deal with 7rustor's successors with reference to this
<br />Deed of 7rust and the Indebtedness by way of forbearance or extension without releasing Trustor from the obligations of this Deed of
<br />7rust or liability under the Indebtedness.
<br />Time is of the �ssence. 7ime is of the essence in the performance of this Deed of Trust.
<br />Waiva Jury. All parties to this Deed of 7rust hereby waive the right to any jury trial in any action, proceeding, or counterclaim 6rought
<br />6y any party against any other party.
<br />Waiver of Homestaad Examption. 7rustor hereby releases and waives all rights and benefits of the homestead exemption laws of the
<br />5tate of 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 Deed of 7rust. Unless
<br />specifically stated to the contrary, all raferences to dollar amounts shell mean amounts in lawful money of the United States of Americe.
<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 otherwise defined in this Deed of 7rust shall have the meanings attributed to such terms in the Uniform Commercial Code:
<br />Beneficiary. The word "Beneficiary" means Exchange Benk, and its successors and assigns.
<br />Borrower. The word "Borrower" means David J Wetherilt and includes all co-signers and co-makers signing the Note and all their
<br />successors and assigns.
<br />Deed of Trust. The words "Deed of 7rust" mean this Deed of Trust 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 �efault set forth in this peed of Trust in the section titled "DefaulY'.
<br />�nvironmental Laws. The words "�nvironmental Laws" mean any and all state, federal and local statutes, regulations and ordinances
<br />relating to the pratection of humsn health or the environment, including without limitation the Comprehensive Environmental
<br />Response, Compensation, and Liability Act of 1980, as amended, a2 U.S.C. Section 9601, et seq. ("CERCLA"►, the 5uperfund
<br />Amendments and Fieauthorization Act af 1988, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C.
<br />5er.tion 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable s[ate or
<br />federal laws, rules, or regulations adopted pursuant thereto.
<br />Event af Default. The words "Event of Default" mean any of the events of default set forth in this Deed af Trust in the events of
<br />default sec[ion of this Dead of Trust.
<br />Guaranty. The word "Guaranty" means tha guaranty from guarantor, endorser, surety, or accommodation party to Lender, including
<br />without limiistion a guaranty of all or part of the Note.
<br />Hazardaus Su6stances. The words "Hazardaus Substances" mean materials that, because of their quantity, concentration or
<br />physical, chemical pr infectious characteristics, may cause or pose a present ar potential hazard to human health or the environment
<br />when improperly used, treated, stored, disposed of, genera[ed, manufactured, transported or otherwise handled. The words
<br />"Hazardous Subskances" are used in their very broadest sense and include without limitation any and all hazardous or toxic
<br />su6stances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also
<br />includes, without limitetion, petroleum and patroleum by-products or eny fraction thereof and asbesias.
<br />Improvements. 7he word "Improvements" means all existing and fu#ure improvements, buildings, structures, mobile homes affixed on
<br />the Real Property, facilities, edditions, replacements and other construction on the Fteal Property.
<br />Indebtedness. The word "Indebtedness" means all principal, interast, and other amounts, costs and expenses payable under the Note
<br />or Rela[ed Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note
<br />or Related Documants and any amounts expended o- advanced by Lander to discharge Trustor's obligations or expenses incurred by
<br />Trustee or Lender to enforce Trustor's abligations un+jer this Deed of Trust, together with inieresi on such amounts as provided in this
<br />Deed of Trust. Specifically, withaut limitetion, Indebtedness includes the future advances set forth in the Future Advances provision,
<br />together with all interest [herean 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 successors and assigns.
<br />Note. 7he word "Note" means the promissory note dated January 14, 2011, IIl the DI'IJlflal principal amount Of
<br />$55,000.00 from 7rustor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, cansolidatipns
<br />of, and subsiiiutions 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 all equipment, fixtures, and other articles of personal property now or
<br />hereafter owned by Trustor, and now or hereafter attached ar sffixed to the Real Property; together with all accessions, parts, and
<br />additions to, all replacements of, and all substitutions for, any of such property; snd together with all proceeds (including without
<br />limitation all insurance proceeds and retunds of premiums) from any sale or other dispositian 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 �eed of 7rust.
<br />Related Dacuments. The words "Related Documents" mean all promissory notes, credit agresments, loan agreements, environmental
<br />agreements, guaranties, security agreements, mortgsges, deeds of trust, security deeds, collateral mortgages, and all other
<br />instruments, agreements and documenis, whether now or hereafter existing, executed in connectipn with the Inde6tedness.
<br />Rents. The word "Rents" means all present and future rents, revenues, incame, issues, royalties, profits, and other benefits derived
<br />from the Property.
<br />7rustee. The word "Trustee" means Exchange Bank, whose address is P.O. Box 6793, Grand Island, NE 88802 and any substitute
<br />or successor trustees.
<br />Trustor. The word "Trustor" means David J Wetherilt.
<br />TRUS70R ACKNOWLEDGES HAVING READ ALL THE PfiOVISIONS OF THIS DEED OF TRUST, AND TRUSTOR AGREES TO ITS 7ERMS.
<br />�l:llb���];F
<br />X >
<br />David J Wet rilt
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