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Loan No: 101265259
<br />201303902
<br />DEED OF TRUST
<br />(Continued) Page 5
<br />paragraph include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees
<br />and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for
<br />bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any
<br />anticipated post - judgment collection services, the cost of searching records, obtaining title reports (including
<br />foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent
<br />permitted by applicable law. Trustor also will pay any court costs, in addition to all other sums provided by law.
<br />ASSOCIATION OF UNIT OWNERS. The following provisions apply if the Real Property has been submitted to unit
<br />ownership law or similar law for the establishment of condominiums or cooperative ownership of the Real Property:
<br />Power of Attorney. Trustor grants an irrevocable power of attorney to Lender to vote in Lender's discretion on any
<br />matter that may come before the association of unit owners. Lender will have the right to exercise this power of
<br />attorney only after Trustor's default; however, Lender may decline to exercise this power as Lender sees fit.
<br />Insurance. The insurance as required above may be carried by the association of unit owners on Trustor's behalf,
<br />and the proceeds of such insurance may be paid to the association of unit owners for the purpose of repairing or
<br />reconstructing the Property. If not so used by the association, such proceeds shall be paid to Lender.
<br />Compliance with Regulations of Association. Trustor shall perform all of the obligations imposed on Trustor by the
<br />declaration submitting the Real Property to unit ownership, by the bylaws of the association of unit owners, or by
<br />any rules or regulations thereunder. If Trustor's interest in the Real Property is a leasehold interest and such
<br />property has been submitted to unit ownership, Trustor shall perform all of the obligations imposed on Trustor by
<br />the lease of the Real Property from its owner.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and, to the extent not
<br />preempted by federal law, the laws of the State of Nebraska without regard to its conflicts of law 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 Hall 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 laws of the State of Nebraska 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 />Beneficiary. The word "Beneficiary" means Five Points Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means DIANA L WHITEHEAD and includes all co- signers and co- makers signing
<br />the Credit Agreement and all their successors and assigns.
<br />Credit Agreement. The words "Credit Agreement" mean the credit agreement dated May 6, 2013, with credit
<br />limit of $20,000.00 from Borrower to Lender, together with all renewals of, extensions of, modifications of,
<br />refinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturity date of
<br />this Deed of Trust is May 10, 2018.
<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 Laws" mean any and all state, federal and local statutes,
<br />regulations 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 "), 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 state or federal laws, rules,
<br />or regulations adopted 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 Real Property, facilities, additions, replacements and 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 Credit Agreement or Related Documents, together with all renewals of, extensions of,
<br />modifications of, consolidations of and substitutions for the Credit Agreement or Related Documents- and any
<br />amounts expended or advanced by Lender to discharge Trustor's obligations or expenses incurred by Trustee or
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