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2� 1 ���892
<br /> DEED �]F TRUST
<br /> Loan No: '1�'1�9927� ��ontinued� Page 5
<br /> preempted by federal�aw, the laws of tf�e State of Nebraska without regard t❑ its confiicts ❑f�aw provisians. This
<br /> Deed of Trust has heen accepted hy Lender in#he 5tate�f Nebraska.
<br /> Time is o�the Essence. Time is of the essence in the perfarmance af this Deed of Trust.
<br /> Wai�er of Hvmestgad Exemption. Trustor hereby releases and waives all rights and benefits of the homestead
<br /> exemptian laws af the State af Nebraska as t❑ at� Indebtedness secured by this D�ed ot Trust.
<br /> DEFINITIONS. The f�llowing words shall ha��th� fal�vwing meanings when us�d in this Deed of Trust:
<br /> Beneficiary. The word "geneficiary" means Fi�� Points Bank, and its successvrs and assigns.
<br /> B�rrawer. The word "Borrower" means ❑AVID GERBER and GHfTSANA GERBER and includes all �o-signers and
<br /> �a-makers signing the Credit Agreement and all their successors and assigns.
<br /> Credit Agreement. The wards "Credit Agreement" mean the credit agreement dated �ctaber 1 1, �D16, Wlth
<br /> credit limit of $40,�D�.�� from Trustor to Lender, tagether with all r�newals of, extensions vf, modifications
<br /> of, re�inancings af, cvnsvlidations of, and substitutivns far the promissary nate or agreement.
<br /> Deed of Trust. The words "Deed af Trust" mean this ❑eed of Trust among Trustor, Lender, and Trustee, and
<br /> includes without limitat�an all assignment and security interest pro�isians relating ta the Personal Prvperty and
<br /> Rents.
<br /> En►►ironmental Laws. The words "En�ironmental Laws" mean any and all sta�e, federal and Iacal statutes,
<br /> regulatians and ❑rdinances relating t� the prote�tion of human hea�th or the sn�irvnm�nt, including without
<br /> limitatian the Camp�ehensi�e En�ironmental Response, Compensation, and Liaf�ility Act vf 19$�, as amended, 42
<br /> U.S.C. Sectian 9��1, �t seq. �"GERCLA"y, the Superfund Amendments and Reauthorization Act of 198�, Pub. L.
<br /> Na. 99-499 �"SARA"}, �he Hazardous Ma�erials Yransportation Act, 49 U.S.C. 5ection 18fl1, et seq., the Resaurce
<br /> Conser�ation and �eco�ery Act, 42 U.S,�. Section 5901, et seq., ar ather applicable sta#e or federal laws, rules,
<br /> vr regulativns adapted pursuant theretv.
<br /> E�en#vf Qefault. The words "E��nt af Default" mean any❑f the e�ents af�e�ault set for�h in this �eed of Trust in
<br /> the e�ents af defauit secti�n ❑f this ❑eed afi Trust.
<br /> Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens
<br /> pro�+sion of this Deed of Trust.
<br /> lmprv�ements. The ward "Impro�emen�s" means all �x�sting and future impr��ements, buildings, structures,
<br /> mobiie hames affixed on the R�al Property, faciliti�s, additivns, repla�ements and ❑the� constru�tivn an the Real
<br /> Proper�y.
<br /> lndet�tedness. The w�rd "Indebtedness" means all principal, inte�est, and other amvunts, costs and expenses
<br /> payable under the Credit Agre�ment ❑r Retated Ovcuments, tvgether with all renewal� of, �xtensions of,
<br /> madifications af, cons�lidations of and substitu�iflns far the Credit Agreement ❑r Related ❑ocuments and any
<br /> amounts expended or ad�anced by Lender to discharge Trustor's obligati�ns ❑r expenses incurred by Trust�e or
<br /> Lender to en�arce Trustar's �bligations under �his Deed of Trust, togethet� with interest an such amaunts as
<br /> p�ouided in this Deed of Trust.
<br /> Lender. The word "Lender" means Fi�e Pa�nts 6ank, its successors and assfgns. The words "successors or
<br /> assigns" mean any pers�n vr company that acquires any interest in the Credit Agreement.
<br /> Persona[ Prvperty. The words "Personal Property" mean all equipmen�, fiixtures, and other articles fl# personal
<br /> property now or hereafter owned by Trustor, and n�w ❑r hereafter attached ❑r �ffixed to the R�al Proper�y;
<br /> togeth�r with all access�ons, p�rts, and additions �o, a1l replacements af, and all substitutions fvr, any of suGh
<br /> praperty; and together with all proceeds �includ�ng without limitativn all insuranGe pr�ceeds and refunds of
<br /> premiumsy from any sale vr vther disposition af�he Praperty.
<br /> Property. The word "Property" means collecti�ely the Real Property and the Persona� Praperty.
<br /> Reai Property. The vvords "Real Prope�ty" mean the real praperty, interests and rights, as further descr�bed in this
<br /> ❑esd of Trust.
<br /> Related Documents. The words "Rela�ed Dvcuments" mean a�l promissory notes, credit agreements, loan
<br /> agreements, en�ironmental agreements, guaranries, security agr�ements, mortgages, deeds ❑f trust, security
<br /> deeds, callateral martgages, and all vther �nstruments, agreements and documents, whether nvw or he�eafter
<br /> existing, executed in connectian with the �ndebtedness.
<br /> Rents. The ward "R�nts" means all present and future rents, re�enues, income. 155Li�S, royalties, prvfits, and
<br /> ❑ther benefits deri�ed from the Property.
<br /> Trustee. The word "Trustee" means Fi�e Paints Bank, whase address is P.� Box 15�7, �rand �sland, NE
<br /> 688��-�5�7 and any substitute or successor tr�rstees.
<br /> Trustar. The ward "Trustor" means DAViD GERBER and �HlTSANA GERBER.
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