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DEED OF TRUST � o� 2� 9 31 �
<br />Loan No: 101258486 � (Continued) Page 5
<br />foreclosure reports), surveyors' reports, and appreisel fees, title insurance, end fees for the Trustee, to the extent
<br />permitted by appliceble law. Trustor also will pay any court costs, in eddition to ell other sums provided by law.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />Goveming Law. This Deed of Trust will be govemed by federel law applicable to Lender and, to the axtent not
<br />preempted by federal law, the laws of the State of Nebraska without regerd to its conflicts of lew provisions. This
<br />Deed of Trust has been accepted by Lender in the State of Nebraska.
<br />Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the
<br />courts of Halt County, State of Nebreske.
<br />Time is of the Essence. Time is of the essence in the performence of this Deed of Trust.
<br />Waiver of Homestead Exemption. Trustor hereby releases and waives ell 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 heve the following meanfngs when used in this Deed of Trust:
<br />Beneficiery. The word "Beneficiary" means Five Points Bank, and its successors end essigns.
<br />Borrower. The word "Borrower" means EUGENE E MERKEL and includes all co-signers and co-makers signing the
<br />Credit Agreement and all their successors and assigns.
<br />Credit A reement. The words "Credit Agreement" mean the credit agreement dated October 29, 2012, with
<br />credit �imit Of $25,000.00 from Borrower to Lender, together with all renewels of, extensions of,
<br />modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. The
<br />maturity date of this Deed of Trust is November 1, 2017.
<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 />Environmental Laws. The words "Environmental Lews" mean any and all state, federel end local 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 9601, et seq. ("CERCLA"1, 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 stete or federel laws, rules,
<br />or regulations adopted pursuent 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 thia 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 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 />peyeble under the Credit Agreement or Related Documents, together with all renewals of, extensfons of,
<br />modificatfons of, consolidations of and substitutions for the Credit Agreement or Related Documents end any
<br />amounts expended or edvanced 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 succes'sors and assfgns. The words "successors or
<br />assigns" mean any person or company thet acquires any interest in the Credit Agreement.
<br />Personal Property. The words "Personal Property" mean all equipment, fixtures, end other erticles of personal
<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; end together with ell proceeds (including without limitation ell insurance proceeds end 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 end rights, as further described in this
<br />Deed of Trust.
<br />Related Documerns. The words "Related Documsnts" mean all promissory notes, credit agreements, loan
<br />agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security
<br />deeds, collateral mortgages, and ell other instruments, agreements and documents, whether now or hereafter
<br />existing, executed in connection with the Indebtedness,
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