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DEED OF TRUST
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<br />unenforceable as to any other circumstance. If feasi6le, the offending provision shall be considered modified so
<br />that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, i# shall be
<br />considered deleted from thls Deed of Trust. Unless otherwise requfred by law; the illegality, invalidity, or
<br />unenforceability of any provision of this Deed of Trust shail not affect the legality, Validity or enforceability of any
<br />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,
<br />this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If
<br />ownership of the Property becomes vested in a person other than Trustor, Lender, without notice to Trustor, may
<br />deal with Trustor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or
<br />extension without releasing Trustor from the obligations of this Deed of 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 walve the right ta any jury trial in any actian, proceeding, or
<br />counterclaim brought by any party against any other party.
<br />Waiver of Homestead Euemption. Trustor hereby releases and waives all rights and benefits of the homestead
<br />exemption lews of the State of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br />DEFINITIONS. The following capitalized words and term§ shall have tF�e foRowing meanings when�used in this Deed of
<br />Trust. Unless specificaily stated to the contrary, all references to dollar amounts shall mean amounts in lawful money
<br />of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall
<br />include the singular, as the context may require. Words and terms not otherwise defined in this Deed of Trust shall
<br />have the meanings attributed to such terms in the Uniform Commercial Code:
<br />Beneficlary. The word "Beneficiary" means Exchange Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means Edwerds Building Corp. and lncludes all co-signers and co-makers signing
<br />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
<br />includes without limitation all essignment and security interest provisions relating to the Personal Property and
<br />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 and all state, federal and local statutes,
<br />regulations and ordinances relating to the protection of human health or the environment, including without
<br />limitation the Comprehensive Env.ironmental Response, Compensation, and Liability Act of 1980, as amended, 42
<br />U.S.C. Section 9601; et seq. (°CERCLA"}, the Superfund Amendments and Reauthoriaation Act of�,7986, Pub. L.
<br />No, 99-499 ("SARA"), the ,Hazardous Materials Transportation Act,.49,U.S:C. SQCtion.1801, et seq:, the Resource
<br />Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., ar othQr apRlicable �state or federal laws, rules,
<br />or 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
<br />the events of defauit section of this Deed of Trust.
<br />Guaranty. The word °Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to
<br />Lender, including without limitation a guaranty of ail or part of the Note.
<br />Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity,
<br />concentretion or physical, chemical or infectious characteristics, may cause or pose a present or potantial haaard
<br />to 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
<br />under the Environmental Laws. The term °Hazardous Substances" also inctudes, without limitation, petroleum and
<br />petroleum by-products or any fraction thereof and asbestos.
<br />Improvements. The word "Improvements" means all existing and' futura improvements, buildings, structures,
<br />mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real
<br />Property.
<br />Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses
<br />payable under the Note or Related Documents, together with aii renewals of, extensions of, modifications of,
<br />consolidations of and substitutions for the Note or Related Documents and any amounts axpended or advanced by
<br />Lender to discharge Trustor's obiigations or expenses incurred by Trustee or Lender to enforce Trustor's
<br />obiigations under this Deed of Trust, together with interest on such amounts as provided in this Deed of Trust.
<br />Specifically, without limitetion, Indebtedness includes the future advances set forth in the Future Advances
<br />provision, together wlth all interest thereon and all amounts that may be indirectly secured by the
<br />Cross-Collateralization provision of this Deed of Trust.
<br />Lender. The word "Lender" means Exchange Bank, its successors and assigns.
<br />Note. The word "Note" means the promissory note dated August 1 1, 201 1, 11l the original principal
<br />amount of S 100 ,000.00 from Trustor to Lender, together with all renewals of, eutensions of, modifications
<br />of, refinancings of, consolidations of, and substitutions for the promissory note or egreement.
<br />Personal Property, The words "Personal Property" mean all equipment, fixtures, and other articles of personal
<br />property now or hereafter owned by Trustor, and now or hereafter atteched or effixed to the Real Property;
<br />together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such
<br />property; and together with all proceeds (including without limitation all insurance proceeds and refunds of
<br />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
<br />Deed of Trust.
<br />Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loen
<br />agreements, environmentel agreements, guaranties, security agreements, mortgages, deeds of trust, security
<br />deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter
<br />existing, executed in connection with the Indebtedness.
<br />Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and
<br />other benefits derived from the Property.
<br />Trustee. The word "Trustee" means Exchange Bank-Gibbon, whose address is P.O. Box 760, Gibbon, NE 68840
<br />end any substitute or successor trustees.
<br />Trustor. The word "Trustor" means Edwards Building Corp..
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