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DEED OF TRUST <br />Loan No: 1 0 7 250646 (Continued) <br />Page 9 <br />unenforceable as to any person or circumstance, that finding shall not make the offending provision illegel, invalid, <br />or unenforceable as to eny other person or circumstence. If feasible, the offending provision shell be considered <br />modified so that it becomea legal, valid and enforceable. If the offending provision cannot be so modified, it shall <br />be considered deleted from this Deed of Trust. Unlesa otherwise required by lew, the illegelity, invalidity, or <br />unenforceability of eny provision of this Deed of Trust shall 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 trensfer of Trustor's interest, <br />this Deed of Trust shall be binding upon and inure to the benefit of the perties, their successors and essigns. 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 Indebtedneas. <br />Time is of tha Essence. Time is of the essence in the performance of this Deed of Trust. <br />Wafver of Homestead Exemption. Trustor hereby releases and waives ell rights and benefits of the homestead <br />exemption laws of the State of Nebraska es to all Indebtedness secured by this Deed of Trust. <br />DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of <br />Trust. Unless specificelly stated to the contrary, all references to doller emounts shall mean amounts in lawful money <br />of the United States of America. Words and terms used in the singuler shell include the plural, end 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 />Beneficiary. The word "Beneficiery" means Five Points Bank, and its successo�s and essigns. <br />Borrower. The word "Borrower" meens DENNIS W BRUNS and ANN E BRUNS and includes all co-signers end <br />co-makers signing the Note and all their successors and assigns. <br />Daed of Trust. The words "Deed ot Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and <br />includes without limitation all assignment and security interest provisions relating to the Personal Property and <br />Rents. <br />Default. The word "Default" meens the Default set forth in this Deed of Trust in the section titled "Default". <br />Environmental Laws. The words "Environmental Laws" mean any end all state, federal end local statutes, <br />regulations and ordinances relating to the protection of human health or the environment, including without <br />limitation the Comprehensive Environmental Response, Compensetion, end Liability Act of 1980, as emended, 42 <br />U.S.C. Sectfon 9601, et seq. ("CERCLA"1, the Superfund Amendments end Reauthorization Act of 1988, 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 appliceble stete or federal laws, rules, <br />or reguletions edopted pursuent thereto. <br />Everrt of Defauk. The words "Event of Default" mean any of the events of defeult set forth in this Deed of Trust in <br />the events of detault section of this Deed of Trust. <br />Guaranty. The word "Gueranty" means the guaranty from guerantor, endorser, surety, or accommodation party to <br />Lender, including without limitation e guaranty of all or part of the Note. <br />Hazardous Substances. The words "Hazardous Substances" mean materiels that, because of their quantity, <br />concentretion or physicel, chemical or infectious characteristics, may cause or poae a present or potentfal hezerd <br />to human health or the environment when improperly used, treated, stored, disposed of, genereted, manufactured, <br />transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense end <br />include without limitation any and all hazardous or toxic substences, materials or waste as detined by or listed <br />under the Environmental Lews. The term "Hazardous Substances" also includes, without limitation, petroleum end <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 effixed on the Real Property, facilities, additions, replecements and other construction on the Real <br />Property. <br />Indebtedness. The word "Indebtedneas" means all principal, interest; `and-�other amount$, costs and expenses <br />peyable under the Note or Related Documents, together with all renewals of, exfensions of, modificetions of, <br />consolidetions of and substitutions for the Note or Related Documents and any emounts expended or advenced by <br />Lender to discharge Trustor's obligations or expenses incurred by Trustee or Lender to enforce Trustor's <br />obligations under this Deed of Trust, together with interest on such emounts as provided in this Deed of Trust. <br />Lender. The word "Lender" means Five Points Bank, its successors and assigns. <br />Note. The word "Note" means the promissory note dated Merch 16, 2012 in the original principal amount <br />of S 160 ,000.00 from Trustor to Lender, together with all renewals of, extensions of, modifications of, <br />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 effixed to the Real Property; <br />20i202i05 <br />