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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 <br />