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<br /> <br /> 201102194 <br /> <br /> DEED OF TRUST <br /> (Continued) Page 6 <br /> Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead exemption laws of the State <br /> 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 Trust. Unless specifically <br /> stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms <br /> used in the singular shall Include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise <br /> defined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code: <br /> Beneficiary. The word "Beneficiary' means Exchange Bank, and its successors and assigns. <br /> Borrower. The word 'Borrower' means TRACY L BREWER 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 Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and Includes without limitation all <br /> assignment and security interest provisions relating to the Personal Property and Rents. <br /> Default. The word "Default" means the Default set forth in this Deed 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 Environmental Response, <br /> Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and <br /> Reauthorization Act of 1988, Pub. L No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the <br /> Resource Conservation and Recovery Act, 42 U.S.C. Section 0901, at seq., or other applicable state or federal laws, rules, or regulations <br /> 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 default <br /> section of this Deed of Trust. <br /> Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without <br /> limitation a guaranty of all or part of the Note. <br /> Hazardous Substances. The words 'Hazardous Substances" mean materials that, because of their quantity, concentration or physical, <br /> chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly <br /> used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances' are <br /> used In their very broadest sense and Include without [initiation any and all hazardous or toxic substances, materials or waste as defined by <br /> or listed under the Environmental Laws. The tern "Hazardous Substances" also includes, without limitation, petroleum and petroleum <br /> by-products or any traction thereof and asbestos. <br /> Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the <br /> Real Property, facilities, additions, replacements and other constriction on the Real Property. <br /> Indebtedness. The word "Indebtedness' means all principal, interest, and other amounts, costs and expenses payable under the NOW or <br /> Related Documents, together with all renewals of, extensions or, modifications of, consolidations of and substitutions for the Note or Related <br /> Documents and any amounts expended or advanced by Lender to discharge Trustors obligations or expenses incurred by Trustee or <br /> Lender to enforce Trustors obligations under this Deed of Trust, together with Interest on such amounts as provided in this Deed of Trust. <br /> Specifically, without limitation, Indebtedness includes the future advances set forth in the Future Advances provision, together with all interest <br /> thereon and all amounts that may be Indirectly secured by the Cross-Collaterelization provision of this Deed of Trust. <br /> Lender. The word "Lender" means Exchange Bank, its successors and assigns. <br /> Note. The word "Note" means the promissory note dated March 3, 2011, In the original principal amount of $32,500.00 from <br /> Trustor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the <br /> promissory note or agreement. NOTICE TO TRUSTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. <br /> Personal Property. The words 'Personal Property' mean all equipment, fixtures, and other articles of personal pmpeny now or hereafter <br /> owned by Trustor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all <br /> replacements of, and all substitutions for, any of such property; and together with all proceeds (Including without limitation all insurance <br /> proceeds and refunds of premiums) from any sale or other disposition of the Property. <br /> Property. The word "Property" means col ectively 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 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 instruments, <br /> 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 from the <br /> prop". <br /> Trustee. The word 'Trustee" means Exchange Bank, whose.address is P.O. Box 760, Gibbon, NE 68840 and any substitute or successor <br /> trustees. <br /> Trustor. The word "Trustor" means TRACY L BREWER. <br /> TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND TRUSTOR AGREES TO ITS TERNS. <br /> TRUSTOR: <br /> X L- <br /> TRACY L BRE <br />