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. ° DEED OF TRUST
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<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 end 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 ta 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 is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br />Waive Jury. All parties to this Deed of Trust hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought
<br />by any party against any other party.
<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 es 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 Nebraska Bank of Commerce, and its successors and essigns.
<br />Borrower. The word "Borrower" means Michael T. Boehle, Timothy P. Boehle and Jane A. Boehle and includes all co-signers and
<br />co-makers signing the Note and all their successors and essigns.
<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 />Environmental Laws. The words "Environmental Laws" mean any and all state, federal end local statutes, reguletions and ordinances
<br />relating to the protection of human health or the environment, including without limitation the Comprehansive Environmental
<br />Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9607, et seq. ("CERCLA"1, the Superfund
<br />Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materiels Transponation 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 stete ar
<br />federal laws, rules, or regulations adopted pursuant thereto.
<br />Event of Defauk. 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 eccommodation party to Lender, including
<br />without limitetion a guarenty of all or pert of the Note.
<br />Wazardous 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, genereted, 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 Substences" 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 emounts, 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 abligations under this Deed of Trust, together with interest on such amounts as provided in this
<br />Deed of Trust. Specifically, without Iimitation, Indebtedness includes the future advances set forth in the Future Advances provision,
<br />together with all interes2 thereon and all amounts that may be indirectly secured by tha Cross-Collateralization provision of this Deed
<br />of Trust. •
<br />Lender. The word "Lender" means Nebraska Bank of Commerce, its successors end assigns. The words "successors or assigns"
<br />mean any person or company that acquires any interest in the Note.
<br />Note. The word ^Note° means the promissory note dated July 22, 2011 in the original principal amount of 542,000.00
<br />from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and
<br />substitutions for the promissory note or egreement.
<br />Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personai property now or
<br />hereafter owned by Trustor, and now or hereafter attached or affixed to the Real Property; together with ell eccessions, parts, and
<br />additions ta, all replacements of, and aIl 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 />Real 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 "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental
<br />agreements, guaranties, security agreements, mortgages, 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, end other benefits derived
<br />from the Property.
<br />Trustee. The word "Trustee" means NEBRASKA BANK OF COMMERCE, whose address is 6000 Villege Drive, Suite 100, Lincoln, NE
<br />68516 and any substitute or successor trustees.
<br />Trustor. The word "Trustor" means Michael T. Boehle.
<br />TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND TRUSTOR AGREES TO ITS TERMS.
<br />TWIS DEED OF TRUST IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DEED OF TRUST IS AND SHALL CONSTITUTE AND
<br />HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW.
<br />TRUSTOR:
<br />X (Seal1
<br />Mwhael T. Boe le
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