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DEED OF TRUST
<br />(Continued) Page 7
<br />Severability. If a court finds that any provision of this Deed of Trust is not valid m should not ua enforced, that fact by itself will not
<br />mean that the rest of this Deed of Trust will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this
<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
<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 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 isowthe Essence. Time wm the essence in the performance of this Deed mTrust.
<br />Waiver p/ Homestead Exemption. Trustor hereby releases and waives all rights and benefits nf the homestead exemption laws of, the
<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 MICHELE L KASPAREK and includes all co-signers and co-makers signing the Note and all
<br />their successors and assigns.
<br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Tmstor, Lender, and Tmomo. and includes without
<br />limitation all assignment and security interest provisions relating to the Personal Property and Rents.
<br />Environmental Laws. The words "Environmental Lawm" mean any and all state, federal and local statutes, regulations and ordinances
<br />m|eUng to the protection of human health or the environment, including without Umi|oUun the Comprehensive Environmental
<br />Response, Cumpenuauion, and Liability Act of 1980. as amended, 42 U.S.C. Section eso� et seq. ('CsRCUv'). the SupnnbnU
<br />Amendments and nnouthoh�mionAct m 1386. Pub. L No. 99-499 ("SARA"), the Hazardous Materials Transportation Act. 49 U.S.C.
<br />Section 1801. etoeq.. the Resource Cunoomo|on and Recovery Am. 42 U.S.C. Gomiun 6901. et noq., or other applicable state or
<br />|edom| |awo, m|mo, pr 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 />Guaranty. The word "Guaranty" means the guaranty hnm guarantor, endumnr, uumty, or accommodation party to Londor, including
<br />without limitation o guaranty of all ur part of the Note.
<br />Hazardous Substances. The words "Hazardous Substances" mean materials that, beoomm of their � concentration or
<br />pxyomo| chemical or infectious characteristics, may t or potential hazard to h health
<br />the i
<br />when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words
<br />"Hazardous Substances" are used in their very broadest sense and include without limitation any and 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 limitation, petroleum and petroleum by-products or any fraction thereof and asbestos.
<br />Improvements. The word "Improvements" means all existing and future improvements, bui|dingo, otmmurno, mobile homes affixed on
<br />the Real Property, facilities, additions, replacements and other construction on the Real Property.
<br />Indebtedness. The word ^|nUobvadnmoo'' means all principal, interest, and other amounts, costs and expenses payable d 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.
<br />Lender. The word "Lender' means BANK OF THE WEST, its ounceoonm and oxu|gna. The words "successors or assigns" moon any
<br />person or company that acquires any interest in the Note.
<br />Note. The word ''wote" means the promissory note dated July 1. 2011. in the odQ|no| principal amount of $56,600.00
<br />from Tmumr to Lender, together with all mnavo|u of, extensions n[ modifications of, refinancings of, consolidations of, and
<br />substitutions for the promissory note oragreement. The maturity date nf this Deed vf Trust io July O.2mon.
<br />Personal Property. The o ''pemuno| Property" moan all equipmen,, fixtumo, and other articles of personal property now or
<br />hereafter owned uyTmmor. and now or hereafter attached o, affixed m the noo| Property; together with all occmoomno, pono, and
<br />additions to, all replacements of, and all ouuoUmUono 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 />Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Deed of Trust.
<br />na|mnu Documents. The words ''ne|omd Documents" moon on promissory notes, credit agreements, loan agreomnnto, environmental
<br />ogmements, guonanUoo, security agreomento, mortgageo, deeds of tmot, security dnado, co||at000| mongagoa, and all other
<br />instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness.
<br />Rents. The word ''nenun" means on present and future mnts, mvonuoo, inromo, ioouou, myo/Ueo, pmfito, and other benefits derived
<br />from the Property.
<br />Trustee. The word 'T,ustoe^ means BANK OF THE WEST, whose address is PO BOX 5167, SAN RAMON. CA 91583 and any
<br />substitute nr successor trustees.
<br />Tmstqr. The word ''Trustor' means MICHELE LKx8pAREK.
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