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<br />2 p 110 4 0 8 v DEED OF TRUST Y ,. `
<br />(Continued) Page 6
<br />right or any other right. A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's
<br />right otherwise to demand strict compliance with thet provision or any other provision of this Deed of Trust. No prior waiver by
<br />Lender, nor any caurse of dealing between Lender and Trustor, shall constitute a waiver of any of Lender's rights or of any of
<br />Trustor's obligations as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting
<br />of such consent by Lender in any instance shall not constitute continuing 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 />Severebility. If a court of competent jurisdiction finds any pravision of this Deed of Trust to be illegal, invalid, or unenforceable as to
<br />any person or circumstance, that finding shall not make the offending provision illegal, invalid, or unenforcesble as to any other person
<br />or circumstance. If feasible, the offending provision shall be considered modified so that it becomes Iegal, valid and enforceable. If
<br />the offending provision cannot be so modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required by
<br />law, the illegality, invalidity, or unenforceability of any provision of this Deed of Trust shall not affect the legelity, validity or
<br />enforceability of any other provision of this Deed of Trust.
<br />Successors and Assigns. Subject to any Iimitations stated in this Deed of Trust on transfer of Trustor's interest, this Deed of Trust
<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 notice to Trustor, may deal with Trustor's successors with reference ta this
<br />Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Trustor from the obligations of this Deed of
<br />Trust or liability under the Indebtedness.
<br />Time is of the Essence. Time is of the essence in the 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 capitalized words and terms shall have the following meanings when used in this Deed of Trust. Unless
<br />specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America.
<br />Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context mey require. Words
<br />and terms not otherwise defined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code:
<br />Bene�iciary. The word "Beneficiary" means Platte Valley State Benk & Trust Campany, end its successors and assigns.
<br />Borrower. The word "Borrower" means Todd C. Enck and Kelly A. Enck and includes all co-signers and co-makers signing the Note
<br />and aII their 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
<br />limitation all assignment and security interest provisions relating to the Personal Property and Rents.
<br />Default. The word "Default" means the Defeult set farth 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 end 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"1, the Superfund
<br />Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"1, the Hazardous Materials Transportation Act, 49 U.S.C.
<br />Section 1801, et seq., the Resource Conservetion and Recovery Act, 42 U.S.C. Section 6901, et seq., or other eppliceble 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 guaranty 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 charecteristics, mey cause or pose a present or potential hazard to humen health or the environment
<br />when improperly used, treated, stored, dispased of, generated, manufactured, transported or otherwise handled. The words
<br />"Hazardous Substances" are used in their very braadest sense and include without limitation any end 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 Iimitation, petroleum and petroleum by-products or any fraction thereof and asbestos.
<br />Improvements. The word "Improvements" means alI existing and future improvements, buildings, structures, mobile homes affixed on
<br />the Real Property, facilities, additions, replacements and other construction on the Real Property. -
<br />Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, casts 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 amounts expended 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, Indebtedness includes the future advances set forth in the Future Advances provision
<br />of this Deed of Trust, together with all interest thereon.
<br />Lender. The word "Lender" means Platte Valley State Bank & Trust Company, its successors and assigns,
<br />Note. The word "Note" means the promissory note dated February 18, 2011, 111 the Ot'19itlel principal amount Of
<br />$136 ,000.00 from Trustor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidetions
<br />of, and substitutions for the promissory note or agreement.
<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 or affixed to the Real Property; together with all eccessions, 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 />Reai Property. The words "Real Property" mean the real property, interests and rights, as further described in this Deed of Trust.
<br />Related Documents. The words "Releted Documents" mean all promissory notes, credit agreements, loan agreements, environmental
<br />agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mongagea, and all other
<br />Instruments, egreements and documents, whether now or hereafter existing, axecuted in connection with tha Indebtedness.
<br />Rents. The word "Rents" means all present end future rents, revenues, income, issues, royalties, profits, and other benefits derived
<br />from the Property.
<br />Trustee. The word "Trustee" means Platte Valley State Bank & Trust Company, whose address is 810 Allen Dr, Grend Island, NE
<br />68803 and any substitute or successor trustees.
<br />Trustor. The word "Trustor" means Todd C. Enck and Kelly A. Enck.
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