|
"4: 01607223
<br /> DEED OF TRUST
<br /> Loan No: 19042 (Continued) Page 4
<br /> • collection services, the cost of searching records,obtaining title reports (including foreclosure reports),surveyors'
<br /> reports, and appraisal fees, title insurance, and fees for the Trustee,to the extent permitted by applicable law.
<br /> Trustor also will pay any court costs, in addition to all other sums provided by law.
<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 ADAMS 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 OF HASTINGS , and its successors and assigns.
<br /> Borrower. The word "Borrower" means KURT L GIBBS, JILL C GIBBS, EUGENE L CRAFT and PAULINE S CRAFT
<br /> and includes all co-signers and co-makers signing the Note and all their successors and assigns.
<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" me an any of the events of default set 1,porth 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 guarantor,endorser, surety,or accommodation party,to,
<br /> Lender, including without limitation a guaranty of all or part of the Note.
<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 Note or Related Documents, together with all renewals of, extensions of, modifications of,
<br /> consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by
<br /> Lender to discharge Trustor's obligations or expenses incurred by Trustee or Lender to enforce Trustor's
<br /> obligations under this Deed of Trust, together with interest on such amounts as provided in this Deed of Trust.
<br /> Specifically, without limitation, Indebtedness includes the future advances 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 BANK OF HASTINGS , its successors and assigns. The words
<br /> "successors or assigns"mean any person or company that acquires any interest in the Note.
<br /> Note. The word "Note" means the promissory note dated October 3, 2016,in the original principal amount
<br /> of $235,000.00 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.
<br /> Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles 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; and together with all proceeds (including without limitation all insurance proceeds and 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 and rights, as further described in this
<br /> Deed of Trust.
<br /> Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan
<br /> agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security
<br /> deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter
<br /> existing,executed in connection with the Indebtedness.
<br /> Rents. The word "Rents" means all present and future rants, revenues, income, issues, royalties, profits, and
<br /> other benefits derived from the Property.
<br /> Trustee. The word "Trustee" means Five Points Bank of Hastings, whose address is 2815 Osborne Drive West,
<br /> Hastings,NE 68901 and any substitute or successor trustees.
<br /> Trustor. The word "Trustor"means KURT L GIBBS and JILL C GIBBS.
<br /> EACH TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH
<br /> TRUSTOR AGREES TO ITS TERMS.
<br /> TRUSTOR:
<br /> URT L GIBBS
<br /> x Cu6b1(1:).
<br /> JI1C GIBBS
<br />
|