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2� 1 ��85�3
<br /> �EEQ oF TRusT
<br /> Laan No: 1�'I 3�D�38 �C�rltirlued� Page 5
<br /> anticipated pos�-judgment collection ser�i�es� the cast of searching re�ords, ❑btaining titfe reports �including
<br /> fareclosure reportsy, sur�eyars' reports. and appraisal f�es� tit�e insurance. and fees far the Trustee, to the extent
<br /> perm'rtted by applicable law. Trustar also will pay any�au�t casts. in additivn t❑ all vther sums provided by law.
<br /> MES�ELLAN��US RR�V1SlQNS. The f�llawing miscelfaneous prvvisions are a part❑f this Deed of Trust:
<br /> Go�erning Law. This Deed of Trust wil� be go�ernsd hy federal law applicable to Lender and, to the ex#en# not
<br /> preempted by federa�law, the taws of the State of Nebraska without regard to its �onfli�ts flf law pro►►isions. This
<br /> Deed vf Trust has heen a�cepted by Lender in the 5tate of Nehraska.
<br /> Time is of the Essence. T�me is of the essence in the performance nf this Deed of Trust.
<br /> VIJai�er af Homestead Exemption. Trustar hereby r�leases and wa+�es alI rights and �enefits of the hvmestead
<br /> exemption laws af the 5tate❑f Nebraska as to al� �ndebtedness secured by this 1]eed ❑f Trust.
<br /> DEFINITI�NS. The fallowing wards shal! ha�e the following meanings when used in this ❑eed of Trust:
<br /> Benefic�ary. The word "Beneficiary" means Fi�e Pvints Bank, and its successors and assigns.
<br /> Barrower. The w�rd "6orrower" means PATRI�K T BAKER and LAURA E BAKER and inCludes a11 co-signers and
<br /> co-makers signing the Cr�dit Agreement and all their successars and assigns.
<br /> Credit Agreement. The wards "Credit Agreement" mean the credit agreement dated December �5. 2���, with
<br /> credit iimit �f $'I 5.���.�� frnm Bvrrower to Lender, tagether with all renewals of. extensions �f.
<br /> mvdificatians af. refinancings o�, cansolidations�f. and suhstitutions far the pramissary no#e❑r agreement.
<br /> Deed vf Trust. The words "D�ed of Trust" mean this Deed of Trust am�ng Trustar, Lender. and Trustee, and
<br /> �ncludes without limitativn all assignment and security interest prv�isions relating to the Persvna! Prap�rty and
<br /> Rents.
<br /> En�irnnmental Laws. The words "En�ironmental Laws" mean any and a�� state, federa! and �ocal statutes,
<br /> regulations and ❑rdinances relating t❑ th� pratection of human health ar the en�ironment, inctuding withaut
<br /> limitatian the Comprehensi�e En�iranmental Re�ponse, Compensation, and Liability Ac� ❑f 195�, as amended, 42
<br /> U.S.C. Secti�n 96��, et seq. �"�ER�LA"�� the Super�und Amendments and ReauthorizatiQn Act ❑f 198�, Rub. L.
<br /> No. 99-499 �"SAF�A"a, th� Hazardflus�at��ials Trans�ortatton Act, 49 U.S.C. Sectivn 18fl'�, et�eq.,t�e Resflurce
<br /> Conser�at�on and Recv�ery Act, 42 U.S.C. 5ection fi9D1, et seq., or other applicable stat� ar federal laws, rules,
<br /> or regulations adopted pursuant thereto.
<br /> E�ent❑f❑e#ault. The words "E�ent of Defauft" mean any of the e�ents of default set forth in this Deed of Trust in
<br /> the e�ents vf detault sectivn❑f this Deed of Trust.
<br /> Existing Indehtedness. The words "Existing Indebtedness" mean ths indebtedness described in fhe Existing Liens
<br /> pro�isian af this ❑eed ❑f T�ust.
<br /> lmprovements. The wvrd "�mpro�ements" means all existing and fiuture impro�ements, buildings, structures,
<br /> mobile hvmes affix�d vn the Real Property, facilitiss, additi�ns, repla�ements and other constructivn ❑n the R�al
<br /> Property.
<br /> Indebtedness. The ward "Inde�tedness" means all principal, inter�s�;�and`vther Vamoun'�s; cos�`s;and expenses
<br /> payable under the �redit Agreement ar Related Documents, tagether with a!1 renewals` af, �extensions of,
<br /> madifications ❑f, �ansolidations ❑f and substitut�ans for the Credit Agreemerit ar Re�a��d Doc�r�nents and any
<br /> �
<br /> amaunts expended or ad�anced by Lender ta disGharge Trustor's obligativns or e.xp�n�e� incurred by Trustee or
<br /> Lender to enforce Trustvr's obligations under this Deed ❑t Trust, together with interest ❑n such amounts as
<br /> prv�ided in this Deed of Trust.
<br /> Lender. The wvrd "Lender" means Fi�e Points Bank, its successors and assigns. The words "5UCC855a�5 or
<br /> assigns" mean any person vr company that a�quires any interest in the Cred�t Agreement.
<br /> Personal Property. The words "Personal Praperty" mean all equEpment. fixturss. and other artic�es vf persvnal
<br /> prop�rty now or hereafter �wned by Trustar, and naw �r hereafter atta�hed ar affiixed tv the Real Pr�perty;
<br /> together with afl accessians, par�s, and addition� ta. al[ rep�acements vf, and all substitutians far, any a� such
<br /> praperty; and tagether with aEl proceeds �inciuding wi#hout limitatian a1i insurance proceeds and refunds ❑f
<br /> premiumsy from any sale or ather disposition of the Property.
<br /> Property. The word "Prvperty" means cvllecti�ely the R�al Property and the Personal Property.
<br /> Real Property. The words "Real Praperty" mean the r�al property, interests and rights, as further described in this
<br /> Deed of Trust.
<br /> Re�ated D�cuments. The wards "Related ❑�cuments" mean al! prvmissory no�es, credit agreements, loan
<br /> agreements, en�ironmental agreements, guaranti�s, security agreements, martgages, deeds of trust, security
<br /> deeds! col�ateral martgages, and a!! other instrum�nts, agreements and dacuments, whether naw or hereafter
<br /> exis�ing, executed in cannection with the Indebtedness.
<br /> Rents. The word "Rents" means al! present and future rents, re�enues. in�ome, issues, royalties. profits, and
<br /> other benefits deri�ed fram the Property.
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