|
DEED OF TRUST � O��. O��� c�
<br />Loan No: 11089113 (Continued) Page 7
<br />be considered deleted from this Deed of Trust. Unless otherwise required by law, the illegali�y, invalidity, or
<br />unenforceability of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of a�y
<br />other provision of this Deed of Trusi.
<br />Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of T ustor's interest,
<br />this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors end 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 f forbearance or
<br />extension without releasing Trustor from the obligations of this Deed of Trust or liability under the I debtedness.
<br />Time is of the Essence. Time is of the essence in the performance of this Deed of Trust. �
<br />Waivar of Homestead Exemptfon. Trustor hereby releases and waives all rights and benefits o 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 terms shall have the following meanings when use in this Deed of
<br />Trust. Unless specifically stated to the contrary, ell references to dollar amounts shall mean amounts n 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 De d of Trust shall
<br />have the meanings aitributed to such terms in the Uniform Commercial Code:
<br />Beneficiary. The word "Beneficiary" means Platte Valley State Bank & Trust Company, end its successors and
<br />assigns.
<br />Borrower. The word "Borrower" means H&J Properties, LLC; Herman T. Meyer; JoAnne G. M yer; and Island
<br />Plumbing Co. Inc and includes all co-signers and co-makers signing the Note and all their successor and assigns.
<br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, a d Trustee, and
<br />includes without limitation all assignment and security interest provisions relating to the Perso al 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 ar�c
<br />regulations and ordinances relating to the protection of human health or the environment, ir
<br />limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980,
<br />U.S.C. Section 9601, et seq. ("CERCLA"1, the Superfund Amendments and Reauthorization Act c
<br />No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et se
<br />Conservation end Recovery. Act, 42 U.S.C. Section 6901, et seq., or other applic�le-gtate or fec
<br />or regulations adopted pursuant thereta -�_��� `� ;„°� �
<br />� _ _ . � - - , e � �
<br />Event of Default. The words "Event of Default" mean e�ny of Yh� eve,ratq pf ti�`#ault sQi forth in this
<br />the events of defeult section of this Deed of Trust. N f '°° "° e� , ;
<br />� a a � o .j':;� �" _._� __��'°r"`"
<br />. _�.e�„� � ��c,, . : �
<br />Guaranty. The word "Guaranty" means the guaranty frF�rsgl5afr�ritor, endorser, surety, or accomrr
<br />Lender, including without limitation a guaranty of all or part of the Note.
<br />Hazardous Substances. The words "Hazardous Substances" mean meterials that, because o
<br />concentration or physical, chemical or infectious characteristics, may cause or pose a present or
<br />to human health or the anvironment when improperly used, treated, stored, disposed of, generatec
<br />transported or otherwise handled. The words "Hazardous Substances" are used in their very bro
<br />include without limitation any and all hazardous or toxic substances, materials or waste as defi
<br />under the Environmental Laws. The term "Hazardous Substances" also includes, without limitatior
<br />petroleum by-products or any fraction thereof and asbestos.
<br />Improvements. The word "Improvements" means all existing and future improvements, buildi
<br />mobile homes affixed on the Real Property, facilities, additions, replacements and other construc
<br />Property.
<br />local statutes,
<br />luding without
<br />s amended, 42
<br />1986, Pub. L.
<br />., the Resource
<br />ral laws, rules,
<br />�eed of Trust in
<br />�dation party to
<br />their quantity,
<br />otential hazard
<br />manufactured,
<br />iest sense and
<br />ed by or listed
<br />petroleum and
<br />gs, structures,
<br />on on the Real
<br />Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, cost and expenses
<br />payable under the Note or Related Documents, together with all renewals of, extensions of, odifications of,
<br />consolidations of and substitutions for the Note or Related Documents end any amounts expended or advanced by
<br />Lender to discharge Trustor's obligations or axpenses incurred by Trustee or Lender to en orce Trustor's
<br />obligations under this Deed of Trust, together with interest on such amounts as provided in this De d of Trust.
<br />Lender. The word "Lender" means Platte Valley State Bank & Trust Company, its successors end assigns.
<br />Note. The word "Note" means the promissory note dated August 26, 2011, In the orig nal principal
<br />amOU11t Of $50,000.00 from Borrower to Lender, together with all renewals of, extensions o, modifications
<br />of, refinancings of, consolidations of, and substitutions for the promissory note or agreement.
<br />Personal Property. The words "Personal Property" mean all equipment, fixtures, and other arti les of personal
<br />property now or hereafter owned by Trustor, and now or hereafter attached or affixed to the Real Property;
<br />together with all accessions, parts, and additions to, all replacements of, and all substitutions f r, any of such
<br />property; and together with all proceeds (including without limitation all insurance proceeds nd 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 escribed in this
<br />Deed of Trust.
<br />Related Documents. The words "Related Documents" mean all promissory notes, credit ag eements, loan
<br />agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security
<br />deeds, collateral mortgages, and all other instruments, agreements and documents, whether n w or hereafter
<br />existing, executed in connection with the Indebtedness.
<br />Rents. The word "Rents" means all present and future rents, revenues, income, issues, royall
<br />other benefits derived from the Property.
<br />Trustee. The word "Trustee" means Platte Valley State Bank & Trust Company, whose address
<br />Grand Island, NE 68803 and any substitute or successor trustees.
<br />Trustor. The word "Trustor" means Herman T. Meyer and JoAnne G. Meyer.
<br />profits, and
<br />810 Ailen Dr,
<br />
|