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DEED OF TRUST
<br />Loan No: 456161 (Continued) 200303909 Page
<br />searching records, obtaining title reports ( including foreclosure reports), surveyors' reports, and appraisal fees, tide insurance, and
<br />fees for the Trustee, to the extant permitted by applicable law. Truster also will pay any court costs, in addition to all other sums
<br />provided by law.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />Governing Law. This Dead of Treat will be governed by and interpreted in accordance with federal law and the laws of the State of
<br />Nebraska. This Deed of Trust has bean accepted by Lender In the State of Nebraska.
<br />Choice of Van us. If there is a lawsuit. Truster agrees upon Lender's request to submit to the jurisdiction of the courts of Hall County,
<br />State of Nebraska.
<br />Time is of five Essence. Time is of the essence in the performance of this Deed of Trust.
<br />Walser of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead exemption laws of the
<br />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 CHARLENE 0 GATES and MICHAEL A. GATES, and all other persons and entiliea signing the
<br />Credit Agreement
<br />Credit Agreement. The words "Credit Agreement" mean the credit agreement dated March 25, 2003, with credit limit of
<br />$15,000.00 from Trustor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations
<br />of, and substitutions for the promissory note or agreement. The maturity date of this Deed of Trust is March 25, 2006.
<br />Deed of Trust The words 'Deed of Trust" mean this Dead of Trust among Truster, Lender, and Trustee, and includes without
<br />limitation all assignment and security Interest provisions relating to the Personal Property and Rents.
<br />Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances
<br />relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental
<br />Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seg. ( "CERCLA "), the Superfund
<br />Amendments and Reauthorization Act of 1986. Pub. L. No. 99 -499 ( "SARA "), the Hazardous Materials Transportation Act, 49 U.S.C.
<br />Section 1801, at seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or other applicable state or
<br />federal laws, rules, or regulations adopted pursuant thereto.
<br />Event of Defeuk. The words "Event of Default" mean any of the events of default set forth in this Deed of Trust in the events of
<br />default section of this Deed of Trust.
<br />Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens provision of this
<br />Deed of Trust.
<br />Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on
<br />the Real Property, facilities, additions, replacements and other construction on the Real Property.
<br />Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the
<br />Credit Agreement or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and
<br />substitutions for the Credit Agreement or Related Documents and any amounts expanded or advanced by Lender to discharge
<br />Truster 'a obligations or expenses incurred by Trustee or Lender to enforce Theater's obligations under this Deed of Trust, together
<br />with interest on such amounts as provided in this Deed of Trust.
<br />Lender. The word "Lender' means Five Points Bank, its successors and assigns. The words "successors or assigns" mean any
<br />person or company that acquires any Interest in the Credit Agreement.
<br />Personal Property. The words "Personal Property" Mean all equipment, fixtures, and other articles of personal property new or
<br />hereafter owned by Truster, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and
<br />additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without
<br />limitation all insurance proceeds and refunds of 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 Deed of Trust.
<br />Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental
<br />agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all ether
<br />instruments, agreements and Documents, whether now or hereafter existing, executed in connection with the Indebtedness.
<br />Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived
<br />from the Property.
<br />Trustee. The word "Trustee" means Five Points Bank, whose address is P.O Box 1507, Grand Island, NE 68802 -1507 and any
<br />substitute or successor trustees.
<br />Treater. The word "Trustor" means CHARLENE D GATES and MICHAEL A GATES.
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