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' ~ Loan No: 101258035 <br />DEED OF TRUST <br />�4120890� <br />(Continued) <br />Page 5 <br />preemptad by federal law, the laws of the State of Nebraska whhout regard to its conflicts of law provisions. This <br />Deed of Trust has been accepted by Lender tn the Stata of Nebraska. <br />Cholce of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the <br />courts of Hell County, State of Nebraska. <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 lews of the State of Nebraske es 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 Benk, end its successors and assigns. <br />Borrower. The word "Borrower" means RICHARD L GEIST JR and TAMRA S GEIST and includes all co-signers <br />and co-makers signing the Credit Agreement and all their successors and essigns. <br />Credit Agreement. The words "Credit Agreement" mean the credit egreement dated October 18, 2012, With <br />credit limit of $30 ,000.00 from Trustor to Lender, together with all renewals of, extensions of, modificationa <br />of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturity dete of <br />this Deed of Trust is December 1, 2017. <br />Daed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and <br />includes without limitation all essignment and security interest provisions relating to the Personal Property end <br />Rents. <br />Environmental Laws. The words "Environmental Laws" mean any and all stete, federel end locel statutes, <br />regulations end ordinences relating to the protection of human health or the environment, including without <br />limitetion the Comprehensive Environmentel Response, Compensetion, and Liability Act of 1980, es 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 Meterials Transportation Act, 49 U.S.C. Section 1801, et seq., the Reaource <br />Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal lewa, rules, <br />or regulations adopted pursuant thereto. <br />Event of Defeult. The words "Event of Deteult" 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 />Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Uens <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 Real Property, facilities, edditions, replacemerlt� and���ther eoPratfiuctio�, on the Real <br />Property. " ' { <br />Indebtedness. The word "Indebtedness" means all;principql,;interest, and other amount& costs and expensea <br />payable under the Credit Agreement or Releted Documents, togethe� with °�11 renewals of, extensions of, <br />modifications of, consolidations of and substitutions for the Credit Agreement or Related Documenta and any <br />amounts expended or advanced by Lender to discharge Trustor's obligatfons 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 Pofnts Bank, its successors and sssigns. The words "successors or <br />assigns" mean any person or company that acquires any 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 atteched or effixed to the Real Property; <br />together with all eccessions, perts, and edditions to, all replecements 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 Reat Property and the Personal Property. <br />Real Property. The words "Real Property" mean the real property, interests end rights, as further described in this <br />Deed of Trust. <br />Related Documents. The words "Related Documents" mean all promissory notes, credit egreementa, 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 ell present and future rents, revenues, income, issues, royaltfes, 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, Grend Islend, NE <br />68802-1507 end eny substitute or successor trustees. <br />,:.; <br />