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2� 1 ��� 153
<br /> DEED t]F TRUST
<br /> Laan Na: '1 D 7�9854'1 ��on#��ue�} Page 5
<br /> MISCELLANE�US PRC]VISIQNS, The fvllawing miscellaneaus pra�isi�ns are a par�of this Deed of Trust:
<br /> Go�ern�ng Law. This Deed o� Trust will be gaverned by federal law app[i�ahle to Lender and, tv the extent n�t
<br /> preempted hy federal law, the laws of the 5tate❑�Nebraska without r�gard t❑�ts confficts of law pro�isions. This
<br /> Deed of Trust has baen accepted by Lender in the 5tate of Nehraska.
<br /> Time Es of the EssenGe. Time is of the essence in the performance of this Deed af Trust.
<br /> VIJai�er af Homestead Exemption. Trustor hereby refeases and wai�es all rights and bene�its af the homestead
<br /> exemption laws of the 5tate o# N�braska as to all Indebt�dness secured by this Deed ❑f Trust.
<br /> DEFlNITI�NS. The �ollawin� words shaf� ha�e the following meanings when used in this Deed o�Trust:
<br /> Beneficiary. The ward "Beneficiary" m�ans Fi�e Points Bank, and its successars and assigns.
<br /> Borrvwer. The wvrd "Bvrrower" means GL�RlA L BERNAL and ❑AV1D A 6ERNAL and includes all ca-signers and
<br /> co-makers signing the Credit Agreement and all their suc�essors and assigns.
<br /> Credit Agreem�nt. Th� wvrds "Credit Agreement" mean the cred�t agreement dated 5eptember �3, ���6, Wlth
<br /> credit limit �f �7.5��.�� frvm Trustor to Lender, together with all r�newals of, extensions ❑f, madificati�ns
<br /> flf, refinancings of, �onsolidatians v#, and substituti�ns for the promissory nvte ❑r agreement.
<br /> ❑eed vf Trust. The wvrds "Deed of Trust" mean this Deed of Trust among Trust�r, Lender, and Trust�e, and
<br /> in�ludes withaut limitativn all assignment and security interest pro�isians relating ta the Persvnal Property and
<br /> Rents.
<br /> En��ronmentat Laws. The words "En�iranmental Laws" mean any and a�l state, federal and focal statutes,
<br /> regulations and ardinances refating to the protection of human health or the �n�iranment, in�luding with�ut
<br /> iimitation the Comprehensi�e Enviranmental Respanse, Compensatian, and Liability Act vf 198a, as amended, 42
<br /> IJ.S.C. Sectian 96��, et seq. t"CERCLA"), the Superfund Am�ndm�nts and Reautharization Act of '�986, Pub. L.
<br /> No. 9�-499 �"SARA"y, the Hazardaus Mat�rials Transportation Aet, 49 U.S.C. Sectivn 1841, et seq., the Resaurce
<br /> Conser�ation and Reco�ery Act, 4� U.S.C. 5ection 69�1, et seq., �r �ther appficable state or federal laws, rufes,
<br /> or regulations adopted pursuant thereto.
<br /> E�en#af Default. The wards "Event Qf Default" mean any of the e��nts vf default set forth in this Deed vf Trust in
<br /> the e�ents of default sectian of this ❑eed of Trust.
<br /> Existing Indebtet�n�ss. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens
<br /> prv�isivn of this Deed of Trust.
<br /> Improvements. The word "Impra�ements" means all existing an�i futur� impra�ements, buildings, structures,
<br /> mobtle hvmes affixed �n the Rea! Property, facilities, additions, repfa�ements and ather constru.��i�n on the Real
<br /> P�oper�y.
<br /> Indebtedness. The w�rd "Indebtedness" means all pr�ncipal, interest, and other amounts, costs: and expenses
<br /> payable under the Credit Agreement ❑r Related ❑vcuments, together ,w�th all renewals vf, ,extensions �f,
<br /> modifications of, consolidations vf and substitutivns for the Credi# Agreement or Related Documents and any
<br /> amounts expended ar ad�anced by Lender tv d�scharge Trustor's abligations ❑r expenses in�urred by Trustee or
<br /> Lender to enforce Trustor's abligations under this Deed nf Trust, together wEth interest vn such amounts as
<br /> provided in this Deed ❑f Trust,
<br /> Lender. The word "Lender" means Fi�e Points gank, its successors and assigns. The wvrds "successors ❑r
<br /> assi�ns" mean any person ar cvmpany that acquires any interest in the Credit Agreement.
<br /> Personal Property. The wards "Personal Property" mean alI equipment, fixtures, and other articles of personal
<br /> property nnw o� hereafter own�d by Trustor, and now ❑r hereafter attached ar affixed to the Real Prvperty;
<br /> together with a!I accessians, parts, and additians to, all replacements �f, and a!I substitutians far, any ❑f such
<br /> praperty; and tvgether with all praceeds �includEng withvut limitation all insuran�e pro�eeds and refunds of
<br /> premiumsy fram any sale ❑r❑ther disposition af the Property.
<br /> Prvperty. Th� wvrd "Praperty" means collecti�ely the Real Property and the Personal Froperty.
<br /> Real Prvperty. The words "Rea� Praperty" mean the real praperty, interests and rights, as further described in this
<br /> Deed of Trust.
<br /> Related Documents. The words "Related Dvcuments" mean all pramissory nqtes, cr�dit agreem�nts, loan
<br /> ag�eements, en�iranmental agreements, guarantEes, security agreements, mvrtgages, deeds ❑f trust, securi�y
<br /> deeds, coifateral mortgages, and all ❑ther instruments, agreements and documents, wh�ther naw or hereafter
<br /> existing, executed in cflnne�tifln w�th the Indebtedness.
<br /> Rents. The word "Rents" means all present and future rents, re�enues, income, issues, royalties, profits, and
<br /> other benefits deri�ed from the Property.
<br /> Trustee. The word "Trustee" means Fi�e Points Bank, whase address is P.Q Box 15�7, Grand Island, NE
<br /> 688��-�5D7 and any subs�Citute vr successvr trustees.
<br /> Trustor. The word "Trustar" means GLQRlA L BERNAL and DAVID A BERNAL.
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