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DEED OF TRUST 2 012 0 4 9 8'�
<br />Loan No: 101253973 (Continued) Page 5
<br />Governing Law. This Deed of Trust will be governed by federel law applicable to Lender and, to the extent not
<br />preempted by federal lew, the laws of the State of Nebraska wFthout regerd to its conflicts of law provisions. Thls
<br />Deed of Trust has been eccepted by Lender in the Stete of Nebraska.
<br />Choice of Venue. If there is a lawsuit, Trustor egrees upon Lender's request to submit to the jurisdiction of the
<br />courts of Hall County, State of Nebraska.
<br />Time is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br />Weiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead
<br />exemption laws of the State of Nebreska 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 />Beneflciary. The word "Beneficiary" means Five Points Bank, and its successors and essigns.
<br />Borrower. The word "Borrower" means MICHAEL D ERBES and LINDA R ERBES and includes all co-signers and
<br />co-makers signing the Credit Agreement and ell their successors end assigns.
<br />Credk A reemerrt. The words "Credit Agreement" mean the credit agreement dated June 14, 2012 with credit
<br />IlRllt O� $50,000.00 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. The meturity date of
<br />this Deed of Trus� is June 19, 2d17. '
<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 assignment and security interest provisions relating to the Personal Property and
<br />Rents.
<br />Environmerrtal Laws. The words "Environmental Lews" mean any 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 Liability Act ot 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"1, the Hezardous Meterials Trensportation 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 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 defeutt section 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. " y �' '' -�
<br />�-� . c
<br />improvements. The word "Improvements" means all exis ing �nd- f�iut� �impdslvements, buildings, structures,
<br />mobile homes affixed on the Real Properry, facilities, additi ns; i^�pl�oeme�ntsrand��oth�r'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 Credit Agreement or Related Documents, together with all renewals of, extensions of,
<br />modificetions of, consolidations of and substitutions for the Credit Agreement or Releted Documents and any
<br />amounts expended or advanced by Lender to discherge Trustor's obligations or expenses incurred by Trustee or
<br />Lender to enforce Trustor's obligations under this Deed of Trust, together with interest on such amounts as
<br />provided in this Deed of Trust.
<br />Lender. The word "Lender" means Five Points Bank, its successors and assigns. The words "successors or
<br />essigns" mean any person or company that ecquires any interest in the Credit Agreement.
<br />Peraonal 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 ettached or affixed to the Real Property;
<br />together with all accessions, parts, and additions to, all replacements of, end ell substitutions for, any of such
<br />property; and together with all proceeds (including without limitation all insurance proceeds end refunds of
<br />premiums) from any sale or other disposition of the Property.
<br />Property. The word "Properry" 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 />Releted Documents. The words "Related Documents" mean all promissory notes, credit egreements, loen
<br />agreements, environmental egreements, guerenties, security agreements, mortgages, deeds of trust, security
<br />deeds, collateral mortgages, end all other instruments, egreements end documents, whether now or hereafter
<br />existing, executed in connection with the Indebtedness.
<br />Rerits. 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 Five Points Bank, whose address is P.0 Box 1507, Grand Island, NE
<br />68802-1507 and any substitute or successor trustees.
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