DEED OF TRUST 2 p g� 0 6 3 2�. Pege 10
<br />Loan No: 10125541d � (Continued)
<br />Waiver 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 Truat.
<br />DEFINITIONS. The following capitaflzed words and terms shall have the following meanings when used in this Deed of
<br />Trust. Unless specifically stated to the contrary, all references to dollar amounts shall meen emounts in lawful money
<br />of the United States of America. Words end terms used in the singular shell include the plurel, and the plural ahall
<br />include the singular, as the context mey require. Words and terms not otherwise defined in this Deed of Trust shell
<br />have the meanings attributed to such terms in the Uniform Commercial Code:
<br />Beneficiary. The word "Beneficiary" means Five Points Bank, and its successors and essigns.
<br />Borrower. The word "Borrower" means DARRELL L PENAS, PAMELA PENAS end BRADY PENAS end includes all
<br />co-signers and co-makers signing the Note end all their successors and assigns.
<br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and
<br />includes without limitation ell essignment and security interest provisions relating to the Personal Property and
<br />Rents.
<br />Defauk. The word "Default" means the Default set forth in this Deed of Trust in the section titled "Default".
<br />Environmental Laws. The words "Environmental Laws" mean any and all state, federal end local stetutes,
<br />regulations and ordinances releting to the protection of human health or the environment, including without
<br />Ifmitation the Comprehensive Environmental Response, Compensation, and Liebility Act of 1980, 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"1, 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 stete or federal laws, rules,
<br />or regulations adopted pursuant thereto.
<br />Event of Default. The words "Event of Default" mean eny 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 />Facisting Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens
<br />provision of this Deed of Trust.
<br />Guarenty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodetion party to
<br />Lender, including without limitation a guaranty of ell or part of the Note.
<br />Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity,
<br />concentration or physical, chemlcal or infectious characteristics, mey cause or pose e present or potential hazard
<br />to human heelth or the environment when improperly used, treated, stored, disposed of, generated, manufectured,
<br />transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and
<br />includa without limitation any and all hezardous or toxic substances, meteriels or weste es defined by or Iisted
<br />under the Environmental Laws. The term "Hazardous Substences" also includes, without limitation, petroleum and
<br />petroleum by-products or any fraction thereof and asbestos.
<br />Improvements. The word "Improvements" means all existing end 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, intereat, and other amounts, costs and expenses
<br />payable under the Note or Related Documents, together with all renewals of, extensions of, modificationa of,
<br />consolidations of end substitutions for the Note or Related Documents and any emounts expended or advanced 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 amounts as provided in this Deed of Trust.
<br />Specifically, without limitation, Indebtedness includes the future advances set forth in the Future Advances
<br />provision, together with all interest thereon and all amounts that may be indirectly secured by the
<br />Cross-Collateralization provision of 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 July 30, 2012 in the original principal amount
<br />Of $70,308.50 from Borrower to Lender, together with all renewels of, extensions of, modifications of,
<br />refinancings of, consolidations of, and substitutions for the promissory note or agreement.
<br />Personal Property. The words "Personal Properry" mean all equipment, fixtures, and other erticles of personal
<br />property now or hereafter owned by Trustor, and now or hereafter ettached or affixed to the Real Property;
<br />together wlth all accessions, parts, and additions to, all replacaments of, and all substitut(ons for, eny of such
<br />property; and together with all proceeds (including without Ilmitation all insurence proceeds and refunds of
<br />premiums) from eny 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 end rights, es further described in this
<br />Deed of Trust.
<br />Related Documents. The words "Releted Documents" mean all promissory notes, credit egreements, loan
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