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DEED OF TRUST c� O� 2 O O G��.► <br />Loan No: 1�01248801 (Continued) Page 5 <br />Time is of the Essence. Time is of the essence In the performance of this Deed of Trust. <br />Walver of Homestead Exemption. Trustor hereby releeses and waives all rights and benefits of the homestead <br />exemption laws of the State of Nebraska as to alt Indebtednass secured by this Deed of Trust. <br />DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust: <br />Banaficiary. The word "Beneficiary" means Five Points Benk, and its successors and essigns. <br />Borrower. The word "Borrower" means JEREL ROSS end KATHERINE ROSS and includes all co-signera end <br />co-makers signing the Credit Agreement and all their successors and assigns. <br />Credit Agreemerrt. The words "Credit Agreement" mean the credit agreement dated January 20, 2012 with <br />cr�dit limit of $35 ,000.00 from Trustor to Lender, together with all renewels of, extensions of, modifications <br />of, refinancings of, consolidations of, and substitutions for the promissory note or egreement. <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 Peraonal Property and <br />Rents. <br />Environmental Laws. The words "Environmental Lews" mean eny and all state, federal and local stetutes, <br />regulations and ordinances relating to the protection of human health or the environment, including without <br />limitation the Comprehensive Environmentel Response, Compensation, and Uebility Act of 1980, as emended, 42 <br />U.S.C. Section 9601, et seq. ("CERCLA"1, the Superfund Amendments and Reauthorization Act of 1986, Pub. L. <br />No. 99-499 ("SARA"►, the Hazardous Materiels Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource <br />Conservetion end Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable stete 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 defeult set forth in this Deed of Trust in <br />the events of default aection of this Deed of Trust. <br />Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens <br />provision of this Deed of Trust. <br />Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, <br />mobile homes effixed on the Real Property, fecilities, edditions, replacements end other construction on the Real <br />Property. <br />Indebtedness. The word "Indebtedness" means all principal, interest, end other amounts, costs and expenses <br />payeble under the Credit Agreement or Releted Documents, together with all renewals of, extensions of, <br />modificetfons of, consolidations of and substitutions fo� the Credit Agreement or Related Documents and any <br />amounts expended or advanced by Lender to discharge Trus�tir`s ebligations or expenses incurred by Trustee or <br />Lender to enforce Trustor's obligations under this Deed;of Trust, tflgether'with-k�ter_est on such amounts es <br />provided in this Deed of Trust. �� -° �� <br />Lender. The word "Lender" means Five Points Bank, its'suCaesao�s; and `dssigns: The 'words "successors or <br />assigns" mean any person or company that acquires eny interest in the Cred�t iRgreemEnt a <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 effixed to the Real Property; <br />together with all eccessions, perts, and additions to, all replacements of, and all subatftutions for, any of such <br />property; and together with ell proceeds (including without Iimitation ell insurance proceeds and refunds of <br />premiums) from any sele or other disposition of the Property. <br />Property. The word "Property" means cotlectively the Real Property and the Personal Property. <br />Real Property. The words "Real Property" mean the real property, fnterests and rights, as further described fn this <br />Deed of Trust. <br />Related Documerrts. The words "Related Documents" mean all promissory notes, credit agreements, loan <br />egreementa, environmental agreements, gueranties, security agreements, mortgages, deeds of trust, security <br />deeds, collaterel mortgages, and all other instruments, agreementa and documents, whether now or hereafter <br />existing, executed in connection with the Indebtednesa. <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 F(ve Points Benk, whose address is P.O Box 1 b07, Grand Island, NE <br />68802-1607 and any substitute or successor trustees. <br />Trustor. The word "Trustor" means JEREL ROSS and KATHERINE ROSS. <br />