<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 />
|