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DEED OF TRUST
<br />pill a 111A EA I EA I
<br />Page 7
<br />have to get Lender's consent again if the situation happens again. Trustor further undemtamds that just because Lender consents to
<br />one or more or /rustnrs requests, that does not mean Lender will mu required to consent to any ofTr stor'efutummquanb. Tmotor
<br />waives presentment, demand for payment, protest, and notice ofdishonor.
<br />SevorabUity. If a court finds that any provision of this Deed of Trust is not valid or should not be enforced, that fact by itself will not
<br />mean that the rest of this Deed of Trust will not be valid nrenforced. Therefore, e court will enforce the rest of the provisions nfthis
<br />Deed of Trust even if a provision of this Deed of Trust may be found to be invalid or unenforceable.
<br />Successors and Assigns, Subject to any limitations stated in this Deed of Trust on transfer of Trustot's interest, this Deed of Trust
<br />vho|| be binding upon and inure to the benefit of the portioo, their successors and assigns. If ownership of the Property becomes
<br />vested in o person other than Tmmur, Lender, without nm)oo to Tmstor, may deal with Trustor'o successors with reference to 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, iapf the Essence. Time ieof the essence in the performance of this Deed cfTrust.
<br />Waiver of Homestead Exemption. T hereby releases andwoivooaUhghtoandbensfitnofthehnmnstoedexemp«ion|mwnoftho
<br />State of Nebraska ooto all Indebtedness secured by this Deed ofTrust.
<br />DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust:
<br />Beneficiary. The word "Beneficiary" means BANK OF THE WEST, and its successors and assigns.
<br />Borrower. The word ^Borrower" means MICHAEL REMM and ROBIN REMM and includes all co-signers and co-makers signing the
<br />Credit Agreement and all their successors and assigns.
<br />Credit Agreement. The words "Credit memom. mean the credit agreement dated May 26. 2011. with credit limit of
<br />$26~000.00 from Trustor*o Lender, together with all ronm*o|o of, extensions of, modifications of, refinancings of, nnnon}idsLiono
<br />of, and substitutions for the promissory note or agreement. The ot h date of this Deed of Trust is June 1, 2041. NOTICE TO
<br />TRuSTOR: THE CREDIT AGREEMENT CONTAINS A VARIABLE INTEREST RATE.
<br />Deed nfTrust. The words ''Dead of Trust" moon this Oood of Trust among Tmstor, Lender, and Tmstee, 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, regulations and 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, at seq. ("CERCLA"), the Superfund
<br />Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C.
<br />Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable 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 ofTrust.
<br />Existing Indebtedness. The words "Existing Indebtedness" moon the indebtedness described in the Existing Lion* provision of this
<br />Deed ofTrust.
<br />Hazardous Substances. The words "Hazardous Gubotan000" moon mataho|e that, because of their quantity, concentration or
<br />physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment
<br />when improperly uond, tmated, storod, disposed of, gonoramd, monufacturad, transported or cuhonw)so handled. The words
<br />"Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic
<br />oubstonneo, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also
<br />includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos.
<br />Improvements. The word "Improvements" means all existing and future impmvnmema, buUdingn, otructuneo, mobile homes affixed on
<br />the Real Pmpedy, feci|iUoo, eddiUone, replacements and other construction on the Roo| Property.
<br />Indebtedness. The word "Indebtedness" means all phncipo|, inteneet, and other ompunto, costs and mxpon000 payable under the
<br />Credit Agreement or Related Documema, together with all renewals of, extensions of, modifications of, consolidations of and
<br />substitutions for the Credit Agreement or Ro|oVad Documents and any amounts expended or advanced by Lender to discharge
<br />Trustor'e obligations or expenses incurred by Trustee or Lender to enforce Tru,ao/o obligations under this Deed of Trust, together
<br />with interest on such amounts oo provided in this Deed nfTrust.
<br />Lender. The word ''Lender' means BANK OF THE WEST, its successors and assigns. The words ^ouoce000m or assigns" moon any
<br />person or company that acquires any interest in the Credit Agreement.
<br />Personal Property. The omndo ^Pasvna| Property' all equipmenL, fi*uws, and other articles of personal property now or
<br />hereafter owned byTmstnr, and now or hereafter attached or affixed to the Real Property; together with all ocneosiovo, pnna, 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 oo|e or other disposition of the Property.
<br />Property. The word "Property" means collectively the Real Property and the Personal Property.
<br />Ruo| Property. The words "Real Property" mean the mo| pmpeny, interests and hghto, as further described in this Deed of Trust.
<br />Related Documents. The words ^Raia«ad Documents" mean all promissory notes, credit agreements, loan ogmomonts, environmental
<br />agreemonts, guaramioa, security agnnomonta, mongegen, deeds of truoi, security doede, collateral mortgages, and all other
<br />inmrumento, agreements and documonto, whether now or hereafter existing, executed in connection with the Indebtedness.
<br />Rents. The word ^Rento'' means all present and future nema, mvonuoo, inoome, ionueo, mye|bee, pmfi\o, and other benefits derived
<br />from the Property.
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