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DEED OF TRUST Loan NO: 777869 (COntlnued� Page 8 200307303 Trust or liability under the Indebtedness. Time is of the Essence. Time Is of the essence In the performance of this Deed of Trust. Waiver of Homestead Exemption. Treater hereby releeees and waives ell rights and benefits of the homestead exemption laws of the State of Nebraska a. to ell Indebtedness secured by this Dead of Trust. DEFINITIONS. The following capitalized words and terms Shall have the following meanings when uaed in this Deed of Trust. Unless Specifically ...red to the aftery, ell references to dellar amounts shall mean amounts in lawful money ea at he context Sats of America. Wards Words and terms used in the singular shell include the plural, and the plural shall include the singular, y require. antl terms not otherwise defined in this Dead of Trust shall have The meanings attributed to such terms in the Uniform Commercial Code: Beneficiary. The word "Beneficiary' means Five Points Bank, and Its successors and assigns. Borrower. The word "Borrower" means THOMAS J DRUDIK and ELIZABETH A DRUDIK, and all other persons and entities signing the Note in whatever capacity. Tirunp, Lender, Dead of limitation all assignment and security interest this Dead misting of Trust the PersonalgProperty and Rents. Trustee, and includes wRM1SUt Default. The word "Default" mean. the Default set forth in this Dead of Trust in the eaction titled "Default". Enyironmernal Laws. The words "Environmental Laws" mean any and fill state, le ft ral and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compenfiatlon, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seal. "CENC A "), the S itihnend Section 18018 et Reauthorization eq,,the Resource Conservation and Recovery Acts 42 U.S.C. Section Hazardous 6901, at sleq., Transportation Act, 49 U,S.C. applicable state or federal laws, rules, or regulations adopted pumuent thereto. Event of Default The words "Event of Default" can any of the events of default Set forth in this Deed of Trust in he events of default section of this Dead of Trust. Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens provision of this de Deed of Trust. Gumenty. The word "Guaranty" means the guaranty from guarantor, and .... r, surety, or accommodation party to Lender, including without limitation a guaranty of all or part of the Note. Hazeindoor Substances. The words "Hazardous Substances' mean materials that, bane--- of their quantity, concentration or physical, chemical or infectious charecteristice, may Cause or Was a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words 'Hazard... Substances" are uaed in their very broadest Sane and include without limitation any and ell hazardous or toxic Laws. Th. term substances, materials or waste as defined and y or listed underathe eEnvionm fraction thereof end asbestos. 'Hazardous 6ubshnce -" also includes, without limitation, p petroleum Improvements. The word "Improvements" means ell existing and future Improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Reel Property. Indebtedness. The word "Indebtedness" moans all principal, interest, and other amounts, costs and expenses payable antler the Nate or Related Documents, together with all renewals of, extensions of, modifications of, consolidation. of and subantutlons for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Trustees obligations or expenses incurred by Trustee or Lender [O enforce TmStof s Obligations under this Deed of Trust, together with Interest on such amounts as Provided in this Deed of Trust. Lender. The word "Lender" means FNe Points Bank, its successors and assigns. Nola. The word "Note" mean. the promissory note meted June 6, 2003, In the Original principal amount Of $77,456.50 from Truster to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturity data of this Dead of Trust Ia June 5. 2013. Personal Property . The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter awned by Theater, and now or hereafter attached or effik.d m the Reel Property; Together with all accessions, parts, and addition. to, ell replacements of, and all substitutions for, any or such property; end together with all proceeds (including without limitation all Insurance proceeds and refunds of premium.) from any sale or ether disposition of the Property. Property. The word "Property" means collectively the Reel Property and the Personal Property. Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Dead of Trust. Related Documents. The words "Relatem Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other Instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rome. The word "Renm" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. Trustee. The word "Trustee" means Five Paints Bank, whose address is P.0 Be. 1007, Grand Island, NE 68802 -1507 and any substitute or successor trustees. Truster. The word "Truster" means THOMAS J DRUDIK and ELIZABETH A DRUDIK.