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DEED OF TRUST
<br />(continued) � 01 i 0 6 Q 3� Page'
<br />Successors and Asslgns. Subject to any limitations stated in this Deed of Trust on Vansfer of Trustor's interest, this
<br />Deed of Trust shall be binding u�n and inure to the benefd of the parties, their successors and assigns. If ownership of
<br />the Property becomes vested in a person other than Trustor, Lender, without notice to Trustor, may deal with Trustor's
<br />successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without
<br />releasing Trustor ftom the obligations of this Deed of Trust or liability under the Indebtedness.
<br />Time is of the Essence. Time 1s of the essence in the performance of this Deed of Trust.
<br />Walve Jury. All, partles to thls Deed of Trust hereby waive the right to any jury trial in any action, proc�eding, or
<br />counterclaim brought by any party agatnst any other party.
<br />Waiver of Hom�tead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead
<br />exemption laws of the State of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br />DEFINITIONS. The following capitalized words and terrns shall have the following meanings when used in this Deed of Trust.
<br />Unless spec'rfically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the Unfted
<br />States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as
<br />the context may require. Words and terms not otherwise defined in this Deed of Trust shall have the meanings attributed to
<br />such terms in the Un'rform Commercial Code:
<br />Berteticiary. The word °Beneficiary" meaitis Exchange Bank, antl its successors and assigns.
<br />Borrower. The word °Borrower" means TRACY L BREWER; and BREWCREW PROPERTIES, L.L.C. and includes all
<br />co-signers and co-makers signing the Note and all their successors and assigns.
<br />Deed of Trust. The words °Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and includes
<br />without limitation all assignment and security interest provisions relating to the Personal Property and Rents.
<br />Default The word °Default" means the Default set forth in this Deed of Trust in the section tiUed °DefaulY'.
<br />Environmental Laws. The words "Environmental L.aws" mean any and all state, federal and local statutes, regulations
<br />and ordinances relating to the protection of human health or the environment, including without IimitaUon the
<br />Comprehensive Environmental Response, Compensation, and Liabil'ity Act of 1980, as amended, 42 U.S.C. Section
<br />9601, et seq. ("CERCLA"), the Superfund Amendments and Resuthorization Act of 1986, Pub. L. No. 99-499 ("SARA°),
<br />the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery
<br />Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or regulations adopted pursuant
<br />thereto. _
<br />Event of Default. The words "Event of Default° mean` any of the �e�n`�5^:of defaulf s�t forth ir� this Deed of Trust in the
<br />events of default section of this Deed of Trust. ;, .:� r;.... .
<br />Guaranty. The word "Guaranty" means the guaraniy ftom c�ua_ran�bE,_'�FSec�surety, or'�ccommodation party to
<br />Lender, including without limitation a guaranty of all or part of the Note.
<br />Hazardous Substances. The words °Hazardous Substances" mean materials that, because of their quantity,
<br />concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to
<br />human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured,
<br />transported or otherwise handled. The words "Hazardous Substances° are used in their very, broadest sense and
<br />include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the
<br />Environmental Laws. The term "Hazardous Substances° also includes, without limitation, petroleum and petroleum
<br />by-products or any fracUon thereof and asbestos.
<br />Improveresgnts. �11� iRrcrd "Imptovements" me8n5 aN' exisfing ar�d fature (mprevements, buildings;. s�rli�ture�
<br />homes affixed on the Real Property, facilitles, 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
<br />under the Note or Related Documents, together with all renewals of, extensions of, mod'rfications of, consolidations of
<br />and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge
<br />Trustor's obligations or expenses incurred by Trustee or Lender to enforce Trustor's obligations under this Deed of Trust,
<br />together with interest on such amounts as provided in this Deed of Trust. Specifically, without limitation, Indebtedness
<br />includes the future advances set forth in the Future Advances provision, together with all interest thereon and all
<br />amounts that may be indirecUy secured by the Cross-Collateralization provision of this Deed of Trust.
<br />Lender. The word "Lender° means Exchange Bank, fts successors and assigns.
<br />Note. The word °Note" means the promissory note dated March 3 20��, in the original principal amount of
<br />$32,500.00 from Bomower to Lender, together with all renewals of, extensions of, mod'rfications of, refinancings of,
<br />consolidations of, and substitutions for the promissory note or agreement. NOTICE TO TRUSTOR: THE NOTE
<br />CONTAINS A VARIABLE INTEREST RATE.
<br />Personal Property. The words °Personal Property° mean all equipmerrt, fixtures, and other articles of personal property.
<br />now or hereafter owned by Trustor, and now or hereafter attached or affixed to the Real Property; together with all
<br />accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with
<br />all proceeds (including without limitation all insurance pr�eeds and refunds of premiums) from any sale or other
<br />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 properiy, interests and rights, as further described in this Deed
<br />of Trust.
<br />Related Documents. The words °Related Documents° mean all promissory notes, credit agreements, loan agreements,
<br />environmental agreements, guaranUes, security agreements, mortgages, deeds of trust, securiiy deeds, collateral
<br />mo�tgages; arx4 �I oth� i�Yt�ments, agroamer�ts ��d�er�rrt�ti�,:vrh2�r-s�vw�r �ft�r-existirsg,�x�d�in -
<br />connection with the Indebtedness.
<br />Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other
<br />benefits derived from the Property.
<br />Trustee. The word °Trustee" means Exchange Bank, whose address is P.O. Box 760, Gibbon, NE 68840 and any
<br />substitute ar succes�or rustees.
<br />Trustor. The word °Trustor" means BREWCREW PROPERTIES, L.L.C..
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