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<br />DEED OF TRUST � p 12 C� 519 7
<br />Loan No: 70�1253'985 �� � (Continued) Page 5
<br />Deed of Trust has been accepted by Lender in the State 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 pertormance of this Deed of Trust.
<br />Walver of Homestead Exemption. Trustor hereby releases and waives all 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 shell have the following meanings when used in this Deed of Trust:
<br />B�neficiary. The word "Beneficiary" means Five Points Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means MONTIE A FYFE and KIMBERLY A FYFE and includes all co-signers and
<br />co-makers signing the Credit Agreement and all their successors and assigns.
<br />Cred(t A reement. The words "Credit Agreement" mean the credit agreement dated June 21, 2072, Wlth CI'ed�t
<br />lim'it O� $10,000.00 from Trustor to Lender, together with all renewals of, extensions of, modifications of,
<br />refinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturity date of
<br />this Deed of Trust is June 26, 2017.
<br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and
<br />includes without limitation all assignment and security interest provisions relating to the Personal Property and
<br />Rents.
<br />Environmental Laws. The words "Environmental Lews" mean any and all state, federal and local statutes,
<br />regulations and ordinances relating to the protection of human health or the environment, including without
<br />limitation the Comprehensive Environmental Response, Compensation, and Liability Act ]980, as amended, 42
<br />U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L.
<br />No. 99-499 ("SARA"), the Hazerdous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., tha Resource
<br />Conservation end Recovery Act, 42 U.S.C. Section 6901, et seq., or other appliceble stete or federal laws, rules,
<br />or regulations adopted pursuant thereto.
<br />Event of Default. The words "Event of Default" mean any of the events of default set forth in this Deed of Trust in
<br />the events of default section of this Deed of Trust.
<br />Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens
<br />provision of this Deed of Trust.
<br />Improvemerns. The word "Improvements" means all existin�and fu$u�e,ir�prov_e�gn�s, buildings, structures,
<br />' hbmes affixed on the Real Property, facilitie replacements ar�d nther j�onstruction on the Real
<br />Property: � , � , , , ._ , . ., ;
<br />�
<br />Ind�btednQss� The word "Indebtedness" means all�_pnncipel� int�re§t eh��c�ther,amounts, costs and expenses
<br />payable under the Credit Agreement or Related Documents, together with all renewals of, extensions of,
<br />modifications of, consolidations of and substitutions for the Credit Agreement or Related Documents end any
<br />amounts expended or advanced by Lender to discherge Trustor's obligations or expenses incurred by Trustea 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 essigns. The words "successors or
<br />assigns" mean any person or company that acquires any interest in the Credit Agreement.
<br />Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal
<br />properry 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 substitutiona fpr, any of such
<br />property; and together with ell 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 Personel 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, loan
<br />agreements, environmental egreements, guaranties, security agreements, mortgages, deeds of trust, security
<br />deeds, collateral 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 and future rents, revenues, income, issues, royalties, profits, and
<br />other benefits derived ftom the Property.
<br />Trustee. The word "Trustee" means Five Points Bank, whose address is P.O Box 1507, Grand Island, NE
<br />68802-1507 and any substitute or successor trustees.
<br />Trustor. The word "Trustor" means MONTIE A FYFE and KIMBERLY A FYFE.
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