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DEED OF TRUST � p�� 0 5 2'7 �
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<br />of this Deed of Trus#. Trustor also understands that if Lender does consent to a request, that does not mean that Trustor will not
<br />have to get Lender's consent again if the situation happens again. Trustor Turther understands that just because Lender consents to
<br />one or more of Trustor's requests, that does not mean Lender will be required to consent to any of Trustor's future requests. Trustor
<br />waives presentment, demand forpayment, protest, and notice of dishonor.
<br />Severab111ty. If a court finds that any provision of this Deed of 7rust 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 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 Ass�gns. 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 parties, their successors and assigns. If ownership of the Property becomes
<br />vested in a person othar than Trustor, Lender, without notice to Trustor, may deal wlth 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 lndebtedness.
<br />Time Is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br />Waiver of Homestead Exemptlon. l'rustor hereby releases and waives all rights and beneflts 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 following meanings when used in this Deed of Trust:
<br />Beneflciary. The word "Beneficiary" means Platte Valley State Bank & Trust Company, and its successors and assigns.
<br />Borrower. The word "Borrower" means Gullber A. Sorto and includes all co-signers and co-makers signing the Note and all their
<br />successors and assigns.
<br />Deed of Trust. The words "Deed of Tn.tst" mean this Deed of Trust among Trustor, Lender, and Trustee, and includes without
<br />limitatlon all assignment and security interest provisions relating to the Personal Property and Rents.
<br />Envlronmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances
<br />relating to the proiection of human health or the environment, including without limitation the Comprehensive Environmental
<br />Response, Compensation, and Ltability Act of 1980, as amended, 42 U.S.C. SecYion 9601, et 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 fo�th in this Deed of Trust in the events of
<br />default seciion of this Deed of Trust.
<br />Existfng Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens provision of this
<br />Deed of Trust.
<br />Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodaUon parly to Lender, including
<br />without limitatlon 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 characteristics, may cause or pose a present or potential hazard to human health or the environment
<br />when improperly used, treated, stored, disposed of, generated, manufactured, �ransported or otherwise handled. The words
<br />"Hazardous Substances° are used in their very broadest sense and includs without limitation any and all hazardous or toxic
<br />substances, materials or waste as deflned by or Usted under th� Ernironmental 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 ail 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 Plote
<br />or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substituttons 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 tfiereon.
<br />Lender. The word "Lender" means Platta Valley State Bank & Trust Company; its successors and assigns. The words "successors or
<br />assigns" mean any person or company that acquires any interest in the Note.
<br />Note. The word "Note" means the promissory note dated July 11, 2011 In the orlglnal principal amount of $75 ,000.00
<br />from Borrower.to Lender, #ogether with all renewals of, extensions of, modiflcations of, refinancings of, consolidations of, and
<br />substitutions for the promissory note or agreement.
<br />Personal Property. The words "Personal Property" mean all equfpment, fixtures, and other articles of personal proparty now or
<br />hereafter owned by Trustor, and now or hereafter attached or affixed to the Real Property; together with aIF accessions, parts, and
<br />additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (inciuding without
<br />limitation aN insurance proceeds and refunds of premiums) from any sale or other disposition of the Properry.
<br />Property. The word "Property" means collectively the Real Property and the Personal Property.
<br />Real Properly. The words "Real Property" mean the real properry, interests end rights, as further described in thls Deed of Trust.
<br />Related Documents: The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental
<br />agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, coflateral mortgages, and ali other
<br />fnstruments, 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, proflts and other beneflts derived
<br />from the Property.
<br />Trustee. The word "Trustee" means Platte Valley State 8ank & Trust Company, whose address is 2223 2nd Ave, Keamey, NE
<br />68848 and any substitute or successor trustees.
<br />Trustor. The word "Trustor" means Guilber A. Sorto and Isabel Sorto.
<br />EACH TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AIdD EACH TRUSTOR AGR�ES TO
<br />ITS TERMS.
<br />TRUSTOR:
<br />X -�����a'! � J��1
<br />Gutlber A. Sorto
<br />�-��- � � �"°
<br />Isabel sorto
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