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DEED OF TRUST
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<br />right otherwise to demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by
<br />Lender, nor any course of dealing between Lender end Trustor, shall constitute e waiver of any of Lender's rights or of any of
<br />Trustor's obligations as to eny future transactions. Whenever the conaent of Lender is required under this Deed of Trust, the granting
<br />of such consent by Lender in any instance shell not constitute continuing consent to subsequent instances where such consent is
<br />required and in all cases such consent mey be granted or withheld in the sole discretion of Lender.
<br />Severabllity. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or unenforceeble es to
<br />any person or circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to eny other person
<br />or circumstence. If feasible, the offending provision shell be considered modified so that it becomes legal, valid and enforceable. If
<br />the offending provision cannot be so modified, it shall be considered deleted from this Deed of Trust. Unless otherwiae required by
<br />law, the illegality, invalidity, or unenforceability of any provision of this Deed of Trust shall not affect the legality, validity or
<br />enforceability of any other provision of this Deed of Trust.
<br />Successors and Assigns. Subject to any limitations .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 partiea, their auccesaors and essigns. If ownership of the Property becomes
<br />vested in a person other than Trustor, Lender, without notice to Trustor, may deal with Truator's successors with reference to this
<br />Deed of Trust and the Indebtedness by way of forbearence 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 shali heve the following meanings when used in this Deed of Trust. Unless
<br />specifically stated to the contrary, all references to dollar amounts ahall mean amounts in lawful money of the United States of America.
<br />Words and terms used ln the singular shall include the plural, and the plural shall include the aingular, as the context may require. Words
<br />and tarms not otherwise 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 Plette Valley State Bank & Trust Company, and its successors and assigns.
<br />Borrower. The word "Borrower" means Todd C. Enck and Kelly A. Enck and includes ell co-signers and co-makers signing the Note
<br />and all their successors and assigns.
<br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust emong Trustar, Lender, and Trustee, and includes without
<br />limitation all assignment and security interest provisions relating to the Personal Property end 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 end all state, federel 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, et seq. ("CERCLA"), the Superfund
<br />Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Meterials 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 therato.
<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 guarenty of all or part of the Note.
<br />Hazardous Substances. The words "Hazardous Substances" mean materiels that, becauae of their quantity, concentretion or
<br />physical, chemical or infectious charecteristics, may cause or pose a present or potential hazard to human health or the environment
<br />when improperly used, treated, stored, disposed of, generated, manufectured, transported or otherwise hendled. The words
<br />"Hazardous Substances" are used in their very braadest sense and include without limitetion any end ell hazardous or toxk
<br />substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Subatances" 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 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, costs 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 es provided in this
<br />Deed of Trust. Specifically, without limitation, Indebtedness includes the future advances sct tuiiri �n u,�: f�,��,,ru r�,�;������:; ,,r,��-�, ��
<br />of this Deed of Trust, together with all interast thereon.
<br />Lender. The word "Lender" means Platte Valley State Bank & Trust Company, its successors and assigns.
<br />IVote. The word "Note" means the promissory note dated June 15, 2011 in the original principal amount of $144 ,500.00
<br />from Trustor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and
<br />substitutions for the promissory note or agreement.
<br />Personel Property. The words "Personal Property" mean all equipment, fixtures, and other articies of personal property now or
<br />hereafter owned by Trustor, and now or hereafter ettached or effixed to the Real Property; together with ell 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 ward "Property" means collectively the Real Property and the Personal Property.
<br />Real Property. The words "Real Property" mean the real property, interests and rights, ea further described in this Deed of Trust.
<br />Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmentel
<br />egreements, guaranties, security egreements, mortgeges, deeds of trust, security deeds, collateral mortgages, and all other
<br />instruments, 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
<br />from the Property.
<br />Trustee. The word "Trustee" means Platte Valley State Bank & Trust Compeny, whose address is 810 Allen Dr, Grand Island, NE
<br />68803 and any substitute or successor trustees.
<br />Trustor. The word "Trustor" means Todd C. Enck and Kelly A. Enck.
<br />EACH TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH TRUSTOR AGREES TO
<br />ITS TERMS.
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