|
DEED OF TRUST 2 012 0 6 7 0�
<br />Loan No: 101255224 (Cotlt111ued) Page 5
<br />preempted by federal law, the laws of the State of Nebraska without regard to its conflicts of law provisions. This
<br />Deed of Trust has been accepted by Lender in the State of Nebreska.
<br />Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of ihe
<br />courts of Hall County, State of Nebraska.
<br />Time is of the Essenae. Time is of the essence in the performance of this Deed of Trust.
<br />Waiver of Homestead F�cemption. 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 shall have the following meanings when used in this Deed of Trust:
<br />Beneficiary. The word "Beneficiary" means Five Points Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means ROBERT L DODENDORF and CHAWNA L DODENDORF and includes all
<br />co-signers and co-makers signing the Credit Agreement and all their successors and assigns.
<br />Credit Agreement. The words "Credit Agreement" mean the credit agreement dated July 20, 2012, Wlth C�@dlt
<br />Ilmlt Of $50,000.00 from Trusior to Lender, together with all renewals of, extensions of, modifications of,
<br />refinancings of, consolidations ot, and substitutions for the promissory note or agreement. The maturity date of
<br />this Deed of Trust is July 18, 2015.
<br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and
<br />includes without limitation all assignment and security interest provisions relating to the Personal Property and
<br />Rents.
<br />Environmentel Laws. The words "Environmental Laws" mean any and all state, federal and locel statutes,
<br />regulations and ordinances relating to the protection of human health or the environment, including without
<br />limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 7 980, as amended, 42
<br />U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L.
<br />No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource
<br />Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules,
<br />or regulations edopted pursuant thereto.
<br />Everrt of Defeult. The words "Event of Default" mean any of the events of default set forth in this Deed of Trust in
<br />the events of default section of this Deed of Trust.
<br />Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the F�cisting Liens
<br />provision of this Deed of Trust.
<br />Improvements. The word "Improvements" means all exis ' g at�-� ; a n�'�gs, structures,
<br />mobile homes affixed on the Real Property, facilities, additi � rephacet4���a��f coci$tru �ion on the Real
<br />Property. a�:;dai. �'�i � �y�`�
<br />°,F^n u� �''�.<ie F:n� s'er�9!A" 4' .
<br />Indebtedness. The word "Indebtedness" means all principail,=i�e"tas�==ara�=�etHar=em�rrts� cosfs 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 and any
<br />amounts expended or advanced by Lender to discharge 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 />assigns" mean any person or company that acquires eny interest in the Credit Agreement.
<br />Personal Property. The words "Personal Property" mean all equipment, fixtures, and other.articles of personel
<br />property 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 substitutions for, any of such
<br />property; and together with all 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 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 />Related DocumeMs. The words "Related Documents" mean all promissory notes, credit agreements, loan
<br />agreements, environmental agreements, 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 />Rents. 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.
<br />
|