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<br />DEED OF TRUST � 012 0 916 �
<br />Loan No: 101258687 (Continued)
<br />Page 9
<br />modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modifiad, it shall
<br />be considered deleted from thia Deed of Trust. Unless othenivise required by law, the illegality, invalidity, or
<br />unenforceability of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of any
<br />other provision of thls Deed of Trust.
<br />Sucopssors and Assigns. Subject to eny limitations stated in this Deed of Trust on transfer of Trustor's interest,
<br />this Deed of Trust shall be binding upon and inure to the benefit of the perties, their successors and assigns. If
<br />ownership of the Proparty becomes vested in a person other than Trustor, Lender, without notice to Trustor, mey
<br />deat with Trustor's successora with reference to this Deed of Trust and the Indebtedness by way of forbearence or
<br />extension without releasing Truator from the obligetions 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 State of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br />DEFINITIONS. The following capitalized 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 mean amounts in lewful money
<br />of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall
<br />include the singular, es the context may 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 />Beneflciary. The word "Beneficiery" means Five Points Benk, and its successors and assigns.
<br />Borrower. The word "Borrower" means DOREEN J PAITZ and ROBERT F PAITZ and includes all co-aigners end
<br />co-mekera signing the Note and all their successors and esaigns.
<br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, end
<br />includes without limitation all assignmant and security interest provisions releting to the Personal Property and
<br />Rents.
<br />Default. The word "Defeult" means the Default set forth in this Deed of Trust in the section titled "Defeult".
<br />Environmerrtal Laws. The words "Environmental Laws" mean any and all state, federel and locel statutes,
<br />reguletions 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 1980, as amended, 42
<br />U.S.C. Section 9607, et seq. ("CERCLA"►, the Superfund Amendments and Reauthorization Act of 1986, Pub. L.
<br />No. 99-499 ("SARA"), the Hazerdous Materials Trensportation Act, 49 U.S.C. Section 1801, et seq., the Resource
<br />Conservetion and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules,
<br />or reguletions 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 accommodetion party to
<br />Lender, including without Bmitation a guarenty of ell or part of the Note.
<br />Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quentity,
<br />concentration or physical, chemical or infectious characteristics, may cause or pase a present or potential hazard
<br />to human heslth or the environment when improperly used, treated, stored, disposed of, generated, menufectured,
<br />transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense end
<br />include without limitation eny end all hezerdous or toxic substances, materiels or weste as defined by or listed
<br />under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and
<br />petroleum by-products or eny fraction thereof and asbestos.
<br />Improvemerrts. The word "Improvements" means all existing and future improvements, buildings, structurea,
<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, interest; and'oth�e�`eir►ounie, expenses
<br />payable under the Note or Releted Documents, together with all renewals of, e�iY@nsions of, �modiflcetions of,
<br />consolidations of and substitutions for the Note or Related Documents �rid any amou�its expended or edvenced by
<br />Lender to discharge Trustor's obligations or expenses incurred by_ Fru�tee . oc �dai to- enforce i'rustor's
<br />obligations under this Deed of Trust, together with interest on such emounts as provided in this Deed of Trust.
<br />Specificelly, without limitation, Indebtedness includes the future advences set forth in the Future Advances
<br />provision of this Deed of Trust, together with all interest thereon.
<br />Lender. The word "Lender" means Five Points Benk, its successors and assigns.
<br />IVote. The word "Note" means the promissory note deted October 26, 2012, In the original principal
<br />emOUnt Of $66,500.00 Trom Trustor to Lender, together with all renewals of, extensions of, modificetions of,
<br />refinancings of, consolidations of, end substitutions for the promissory note or 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;
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