|
., p � 3 i +� i; � � 9; � �a' � .:
<br />' � ��e Y'_ _ �� Z
<br />t
<br />1
<br />201103720
<br />Page 6
<br />"r
<br />shall be binding upon and inure to the benefit af the parties, their successors and assigns. If ownership of the Property becomes
<br />vested in a person other than Trustor, Lender, vitftlibut notice to Trustor, may deal with Trustor's successors with reference to this
<br />Deed of Trust and the Indebtedness by way of forbe�arance or extension without releasing Trustor from the obligations of this Deed of
<br />Trust or liability under the Indebtedness. ;�:r
<br />Time is of the Essence. Time is of the essence ir� tH� performance 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 />State of Nebraska as to all Indebtedness secured by!this Deed of Trust.
<br />DEFINITIONS. The following words shall have the follqWing meanings when used in this Deed of Trust:
<br />Beneficiary. The word "Beneficiary" means Excheng� Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means Andrev� Er�cinger and Julie Encinger and includes all co-signers and co-mekers signing the
<br />Note and all their successors and assigns. •, �,
<br />Deed of Trust. The words "Deed of Trust" mea�' 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 />Environmental Laws. The words "Environmental �Laws" mean any and all state, federal and local statutes, regulatians and ordinances
<br />relating to the protection of . human ti�elth or� _thb environment, including without limitation the Comprehensive Environmental
<br />Response, Compensation, and Liability Act of 'F980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund
<br />Amendments and Reauthorization Act of 1986, P1�b:�L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C.
<br />Section 1801, et seq., the Resource Conservatiqn,and Recavery Act, 42 U.S.C. Section 6907, et seq., or other applicable state or
<br />federal laws, rules, or regulatians adopted pursuant thereto.
<br />Everrt of Default. The words "Event of Default°; m�an any of the events af default set forth in this Deed of Trust in the events of
<br />default section of this Deed of Trust. '„
<br />Gueremy. The word "Guaranty" means the guarsntay from guarantor, endorser, surety, or accommodation party to Lender, including
<br />without limitation a guaranty of all or part of the Not�.
<br />Hezardous Substances. The words "Hazardou� $ubstances" mean materials that, because of their quantity, conceMration or
<br />physical, chemical or infectious characteristics, riia�r,cause or pose a present or potential hazard to human health qr the environment
<br />when improperly used, treated, stored, dispos�d'.'sof, generated, manufactured, transported or otherwise handled. The words
<br />"Hazardous Substances" are used in their very 6iroadest sense and include without limitation any and all hazardous or toxic
<br />substances, materials or waste as defined by �r ;I§sted under the Environmental Laws. The term °Hazardous Substances" elso
<br />includes, without limitation, petroleum and petroleuria by-products or any fraction thereof and asbestos.
<br />Improvements. The word "ImprQvements" mean� and future improvements, buildings, structures, mobile homes affixed on
<br />the Real Property, facilities, additions, replacemeNys other construction on the Real Property. �
<br />Indebtedness. The word "Indebtedness" means �II piincipal, interest, and other amounts, costs and expenses payable under the Note
<br />or Related Documents, together with all renewal� of; extensions of, modifications of, consolidations of and substitutions for the Note
<br />or Related Documents and any amounts expendeld or advanced by Lender to discharge Trustor's obligations or expenses incurred by
<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. Specifically, without limitation, Irtd���tedness includes the future advances set forth in the Future Advances provision,
<br />together with all interest thereon and all amounts that may be indirectly secured by the Cross-Collateralization provision of this Deed
<br />of Trust. 3
<br />Lender. The word "Lender" means Exchange Bank, its successors and assigns. The words "successors or assigns" mean any person
<br />or company that acquires any interest in the Note. ''
<br />r •:
<br />Note. The word "Note" means the promissory note dated May 11, 2011 in th� original principal amount of $119,000.00
<br />from Trustor to Lender, together with all renewats of, extensions of, modifications of, refinancings of, consolidations of, and
<br />substitutions for the promissory note or agreemee�t. `
<br />s ,
<br />Personal Property. The words "Personal Property°; mean aIl equipment, fixtures, and other articles of personal property now or
<br />hereafter owned by Trustor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and
<br />additions to, all replacements of, and all substitutid'ns for, any of such property; and together with all proceeds (including without
<br />limitation all insurance proceeds and refunds of priemiums) 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 t�he ieal property, interests and rights, as further described in this Deed of Trust.
<br />Related Documer�ts. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental
<br />agreements, guaranties, security agreements, moYtgages, deeds of trust, security deeds, collateral mortgages, and all other
<br />instruments, agreements and documents, whethe� nqWv or hereafter existing, executed in connection with the Indebtedness.
<br />t
<br />Rents. The ward "Rents" means all present and;futF�re rents, revenues, income, issues, royalties, profits, and other benefits derived
<br />from the Property. ' ;
<br />Trustee. The word "Trustee" means Exchange �anld, whose address is P.O. Box 5793, Grand Island, NE 68802 and any substitute
<br />or successor trustees.
<br />Trustor. The word "Trustor" means Andrew Encinge� and Julie Encinger.
<br />EACH TRUSTOR ACKNOWLEDGES HAVING READ AL�. 'C@iE PROVISIONS OF THIS DEED OF TRUST, AND EACH TRUS70R AGREES TO
<br />ITS TERMS. ; � � t i
<br />TRUSTOR: y ; r
<br />� �
<br />��
<br />, ;,
<br />' i i
<br />L
<br />+s
<br />t
<br />�. :,i
<br />F : DEED OF TRUST
<br />' ' (Continued)
<br />;' `;
<br />e
<br />h S
<br />
|