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<br />DEED OF TRUST � Q�� Q 6 9`� 4
<br />Loan No: 101255998 (Continued) Page 5
<br />Dead of Trust has been accepted by Lender tn the State of Nebraske.
<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 Hell County, State of Nebraska.
<br />Tima is of the Essence. Time is of the essence in the performence of this Deed of Trust.
<br />Waiver of Homestead Exemption. Trustor hereby releasea and weives all rights end benefits of the homestead
<br />exemption laws of the Stete of Nebreske as to all Indebtedness secured by this Deed of Trust.
<br />DEFINITIONS. The following words shall have the following mesnings when used in this Deed of Trust:
<br />Beneftciary. The word "Beneficiary" means Five Points Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means KEVIN J MCPHILLIPS end JULIE M MCPHILLIPS and includes all co-signers
<br />and co-makers signing the Credit Agreement and all their successors and assigns.
<br />Credit Agreement. The words "Credit Agreement" mean the credit agreement deted August 1 b, 2012, Wlth
<br />credit IimFt of S 18 ,500.00 from Trustor to Lender, together with all renewals of, extensions of, modificetions
<br />of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturity date of
<br />this Deed of Trust is August 20, 2017.
<br />Deed of Trust. The words "Deed of Trust" meen this Deed of Trust among Trustor, Lender, end 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 ordinences relating to the protection of human health or the environment, including without
<br />limitation the Comprehensive Environmental Response, Compensation, and Lfability Act of 1980, as amended, 42
<br />U.S.C. Section 9601, et seq. ("CERCLA"1, the Superfund Amendmenta and Reauthorization Act of 1986, Pub. L.
<br />No. 99-499 ("SARA"1, the Hezerdous Materials Trensportation Act, 49 U.S.C. Section 1801, et seq., the Reaource
<br />Conservation end Recovery Act, 42 U.S.C. Section 6901, et seq., or other epplicable state or federal laws, rules,
<br />or regulations edopted 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 />Improvements. The word "Improvements" means all existing and future improvements, buildings, structures,
<br />mobile homes affixed on the Reel Property, facilities, edditions,�teplseetfte�� on the Real
<br />Property. � � „_ � r� , ;E .��s , �
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<br />Indebtedness. The word "Indebtedness" means all pr(ncipal, nterest, end, other,,�acn�nUs�i Costs= @nd expenses
<br />payeble under the Credit Agreement or Related Documents�oget�er- witl°r -aFF--renewal§ of; extensions of,
<br />modifications of, consolidations of and substitutions for the Credit Agreement or Related Documents and any
<br />amounts expended or advenced by Lender to discharge Trustor's obligat(ona or expensea 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 ecquires any interest in the Credit Agreement.
<br />Personal Property. The words "Personel Property" mean all equipment, fixtures, and other articles of personal
<br />property now or hereafter owned by Trustor, end now or hereafter atteched or affixed to the Real Property;
<br />together with all eccessfons, 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 sate or other disposition of the Property.
<br />Property. The word "Property" means collectively the Reel 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 Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan
<br />agreements, environmental egreements, guerenties, security agreements, mortgages, deeds of trust, security
<br />deeds, colteterel mortgages, and all other instruments, egreements and documents, whether now or hereafter
<br />existing, executed in connection with the Indebtedness.
<br />Rants. The word "Rents" means all present and future rents, revenues, income, issues, royaltfes, profits, and
<br />other benefits derived from the Properry.
<br />Trustee. The word "Trustee" meana Five Points Bank, whose address is P.0 Box 1507, Grand Island, NE
<br />68802-1507 and any substitute or successor trustees.
<br />Trustor. The word "Trustor" means KEVIN J MCPHILLIPS end JULIE M MCPHILLIPS.
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