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201207765
<br />DEED OF TRUST
<br />Loan No: 101257252 (Continued) Page 9
<br />..� .
<br />ownership of the Property becomes vested in e person other then Trustor, Lender, without notice to Truator, may
<br />deal with Trustor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearence or
<br />extension without releasing Trustor from the obligations of this Deed of Trust or liability under the Indebtedness.
<br />Time is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br />Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead
<br />exemption laws of the Stete of Nebreska 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 />Beneflciary. The word "Beneficiary" means Five Points Bank, end its successors and assigns.
<br />Borrower. The word "Borrower" means Nick W Mustion and Melanie L Mustion and includes all co-signers and
<br />co-mekers signing the Note and all their successors and assigns.
<br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, end
<br />includes without limitetion all essignment and security interest provisions relating to the Personal Property and
<br />Rents.
<br />Environmental Laws. The words "Environmental Laws" mean any and all state, federal and locel stetutes,
<br />reguletions and ordinances relating to the protection of human health or the environment, including without
<br />limitation the Comprehensive Environmental Response, Compensetion, and Liability Act of 1980, as amended, 42
<br />U.S.C. Section 9601, et seq. ("CERCLA"1, the Superfund Amendments end 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 stete or federal laws, rules,
<br />or regulations adopted pursuant thereto.
<br />Event 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 />Guaranty. The word "Guaranty" means the guaranty from guarentor, endorser, surety, or accommodation party to
<br />Lender, including without limitetion e guaranty of all or part of the Note.
<br />Hezerdous Substences. The words "Haaardous Substances" mean materials that, because of their quentity,
<br />concentretion or physical, chemicel or infectious characteristics, may cause or pose a present or potential hazerd
<br />to human health 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 end
<br />include without limitation any and ell hazardous or toxic substances, materials or waste as defined by or listed
<br />under the Environmental Laws. The term "Hezardous Substances" also includes, without limitation, petroleum and
<br />petroleum by-products or any fraction thereof and asbestos.
<br />Improvements. The word "Improvements" means all existing and future improvements, buildings, structures,
<br />mobile homes affixed on the Real Property, facilities, additions, replacements end other construction on the Real
<br />Property.
<br />Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses
<br />payable under the Note or Related Documents, together with all renewals ot, extensions of, modifications of,
<br />consolidations of and substitutions for the Note or Related Documents and any emounts expended or advanced by
<br />Lender to discherge Trustor's obligations or expenses 3ncurred by Trustee or Lender to entorce Trustor's
<br />obligations under this Deed of Trust, together with interest on such amounts as provided in this Deed of Trust.
<br />Specificelly, without limitetion, Indebtedness includes the future advances set forth in the Future Advences
<br />provision of this Deed of Trust, together with all interest thereon.
<br />Lender. The word "Lender" means Five Points Bank, its successors and essigns. The words "successors or
<br />essigns" mean any person or company that acquires any interest in the Note.
<br />Note. The word "Note" means the promissory note dated September 18, 2012 in the original principal
<br />amount of S 195 ,000.00 from Trustor to Lender, together with all renewels of, extensions of, modifications
<br />of, refinancings of, consolidations of, and substitutions for the promissory note or agreement.
<br />Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal
<br />property now or hereafter owned by Trustor, end now or hereafter ettached or effixed to the Real Property;
<br />together with all accessions, parts, and additions to, all replacements of, and all substitutions for, eny of such
<br />property; and together with all proceeds (including without limitation all insurance proceeds end refunds of
<br />premiums) trom any sale or other disposition of the Properry.
<br />Properly. The word "Property" means collectively the Real Property and the Personal Property.
<br />Real Prop�rty. 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 agreements, guaranties, security agreements, mortgages, deeds of trust, security
<br />deeds, collaterel mortgages, and all other instruments, agreements and documents, whether now or hereafter
<br />existing, executed in connection with the Indebtedness.
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