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<br />DEED OF TRUST
<br />�. y ` �;� � : � � ; ° (Continued) 2 0110 8 "13 9 Page 7
<br />that if Lender does consent to a request, that does not mean that Trustor will not have to get Lender's consent
<br />again if the situation happens again. Trustor further understands that just because Lender consents to one or more
<br />of Trustor's requests, that does not mean Lender will be required to consent to any of Trustor's future requests.
<br />Trustor weives presentment, demand for payment, protest, and notice of dishonor.
<br />Severabllhy. If a court finds that any provision of this Deed of Trust is not valid or should not be enforced, thet
<br />fect by itself will not mean that the rest of this Deed of Trust will not be valid or enforced. Therefore, a court will
<br />enforce the rest of the provisions of this Deed of Trust even if a provision of this Deed of Trust may be found to be
<br />invalid or unenforceable.
<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 end inure to the benefit of the parties, their successors and asslgns. If
<br />ownership of the Property becomes vested in a person other than Trustor, Lender, without notice to Trustor, mey
<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 Ilability under the Indebtedness.
<br />Time is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br />Waiver of Homestead Exemption. Trustor hereby releases and waives ell 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 words shall have the following meanings when used in this Deed of Trust:
<br />Beneficiary. The word "Beneficiary° means F�cchange Bank, and its successors and assigns.
<br />Borrower. The word °Borrower" means Phillip D Goetr and Vicki S Goetz and includes all co-signers and
<br />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, end
<br />includes without limitation all assignment and security interest provisions relating to the Personal Properry and
<br />Rents.
<br />Envlronmental 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 Environmental Response, Compensation, and Liability Act of 7 980, as amended, 42
<br />U.S.C. Section 9607, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L.
<br />No. 99-499 (°SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource
<br />Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq or_other applicable state or federal lews, rules,
<br />or re uletions ado ted ursuant thereto. � ��` �� �;�
<br />9 P P ��� x�"��e��+;r� ," �; �
<br />Event of Default. The words °Event of Default" mean an� of the°���ents �f �I�fiault set forth in �his Deed of Trust in
<br />the events of default section of this Deed of Trust. ' i_'_y ,_ ��`9 KR _ -
<br />Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation perty 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, beceuse of their quentity,
<br />concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard
<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, materiats or waste as defined by or listed
<br />under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and
<br />petroleum by-products or any fraction thereof and asbestos.
<br />Improvements. The word °Improvements" means all existing and future 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 all renewals of, extensions of, modifications of,
<br />consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by
<br />Lender to discherge Trustor's obligations or expenses ineurred by Trustee or Lender to enforce Trustor's
<br />obligations under this Deed of Trust, together with interest on such amounts as provided in this Deed of Trust.
<br />Specifically, without limitation, Indebtedness includes the future advances set torth in the Future Advances
<br />provision of this Deed af Trust, together with all interest thereon.
<br />_ .. <._. _
<br />Lender. The word "Lender" means Exchange Bank, hts succesgors and as�lgns. 7he words "successors or
<br />assigns" mean any person or company that acquires any irrterest iri ; the Note.
<br />Nqte. The word °Note° means the promissory note tlated 1tloVeniber 15, 2011, itl the original princip�l
<br />amount' of $64 ,800.00 from Borrower to Lender, together with all renewals of, extensions of, modificetions
<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 articles 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 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 Documer�ts. The words "Related Documents° mean all promissory notes, credit agreements, toan
<br />egreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security
<br />deeds, collateraf mortgages, and all other instruments, agreements and documents, whether now or hereafter
<br />existing, executed in connection with the Indebtedness.
<br />Rerrts. The word "Rents° means all present end future rents, revenues, income, issues, royalties, profits, end
<br />other benefits derived from the Property.
<br />Trustee. The word "Trustee" means Exchange Bank, whose address is P.O. Box 5793, Grand Island, NE 68802
<br />and any substitute or successor trustees.
<br />Trustor. The word "Trustor" means Phillip D Goetz and Dawn Doreen Goetz.
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