Laserfiche WebLink
Loan No: 101309752 <br />201807251 <br />DEED OF TRUST <br />(Continued) Page 8 <br />courts of Hall County, State of Nebraska. <br />No Waiver by Lender. Trustor understands Lender will not give up any of Lender's rights under this Deed of Trust <br />unless Lender does so in writing. The fact that Lender delays or omits to exercise any right will not mean that <br />Lender has given up that right. If Lender does agree in writing to give up one of Lender's rights, that does not <br />mean Trustor will not have to comply with the other provisions of this Deed of Trust. Trustor also understands <br />that if Lender does consent to a request, that does not mean that Trustor will not have to get Lender's consent <br />again if the situation happens again. Trustor further understands that just because Lender consents to one or more <br />of Trustor's requests, that does not mean Lender will be required to consent to any of Trustor's future requests. <br />Trustor waives presentment, demand for payment, protest, and notice of dishonor. <br />Severability. If a court finds that any provision of this Deed of Trust is not valid or should not be enforced, that <br />fact by itself will not mean that the rest of this Deed of Trust will not be valid or enforced. Therefore, a court will <br />enforce the rest of the provisions of this Deed of Trust even if a provision of this Deed of Trust may be found to be <br />invalid or unenforceable. <br />Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor's interest, <br />this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If <br />ownership of the Property becomes vested in a person other than Trustor, Lender, without notice to Trustor, may <br />deal with Trustor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or <br />extension without releasing Trustor from the obligations of this Deed of Trust or liability under the Indebtedness. <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 DEBRA S DIMMITT and includes all co-signers and co -makers signing the <br />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" 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 />Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, <br />concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard <br />to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, <br />transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and <br />include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed <br />under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and <br />petroleum by-products or any fraction thereof and asbestos. <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, its successors and assigns. The words "successors or <br />assigns" mean any person or company that acquires any interest in the Note. <br />Note. The word "Note" means the promissory note dated October 26, 2018, in the original principal <br />amount of $122,500.00 from Trustor to Lender, together with all renewals of, extensions of, modifications <br />of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. <br />