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200203501 DEED OF TRUST
<br />Loan No: 773417 (Continued) Page 7
<br />Choice of Vanua. If there Is a lawsuit Trustor agre es upon Lender's request to submit to the jurisdiction of the cowls of Hell County,
<br />State of Nebraska.
<br />Joint and Several Liability. All obligations of Trustor under this Deed of Trust shell be joint and saki and all references to Treater
<br />shall mean each and every Trustor. This means that each Truator signing below Is responsible for all obligations Ia this Dead of Treat.
<br />No Waiver by Lander. T roster understands Lender will act give up any of Lender's rights under this Deed of Trust unless Lander does
<br />so in writing. The fact that Lender delays or omits to exercise any right will not maan that Lender has given up that right. If Lender
<br />does ayree In writing to give up one of Lander 's rights, that does not mean Truster will not have to comply with the other provisions
<br />of this Deed of Trust Treater also understands that It Lender does consent to a request, that does not mean that Truster will not
<br />have to get Lender's consent again If the situation happens again. Treater further understands that lust because Lender consents to
<br />one or more of Trustor's requests, that does not mean Lender will be required to consent to any of Toaster's future requests. Truster
<br />waives presummam, demand for payment, protest, and notice of dishonor.
<br />Sevarabildy. If a court finds that any provision of this Dead of Trust is not valid or should not bu enforced, that fact by Itself will not
<br />mean that the rest of this Dead of Trust will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this
<br />Deed of Trust even If a provision of this Deed of Trust may be found to be invalid or unenforceable.
<br />Successors and Assigns. Sugecl to any limitations stated in this Deed of Trust an transfer of Trusmr's interest this Deed of Treat
<br />shall be binding upon and inure to the benefit of the Ve tar, their successors and assigns. If ownership of the Properly becomes
<br />vested In a person other than doctor, Lender, without notice to Truster, may deal with Treator'a successors with reference to this
<br />Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Trustor from the obligations of this Dead of
<br />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 />Walv 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 Dead of Trust.
<br />DEFINITIONS. The fallowing words shell have the following meanings when used in this Dead of Trust:
<br />Beneficiary. The word "Beneficiary" means Five Points Bank, and Its successors and assigns.
<br />Borrower. The word "Borrower" means KEVIN T VOLLMER and SUSAN C VOLLMER, and all other persons and entities signing the
<br />Note.
<br />Deed of Trust. The words 'Deed of Trust" mean this Deed of Trust among Trustor, 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 antl all state, federal and local statutes, regulations and ortlmmous
<br />relating to the pmlemion 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 seq. 1 "CERCLA'9, the Supertund of Arroadmints
<br />1801 and Reauthorization
<br />Resource Conservation loo and Recovery Act, 42 U.S.C. Section Hazardous 6901, aaMaterials eq.rr or applicable state or
<br />Section 1801 % e o s o a
<br />federal laws, ales, regulations adopted pursuant thereto.
<br />Event of Default. The words " Fvent of Detroit" mean any of the events of default set forth Ia this Deed of Trust in the events of
<br />default section of this Deed of Trust.
<br />Guaranty. The word "Guaranty' means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including
<br />without limitation a guaranty of all or part of the Note.
<br />Hazardous Substances. The wortls "Hazardous Substances" mean materials that, because of their quantity, concentration or
<br />physical, chemical or Infectious characteristics, may cause or pose a present or potential hazard to human health or the environment
<br />when improperly used, Partedr armed, disposed or, generated, manufactured, transported or otherwise handled. The words
<br />"Hazardous Substances" are used In their very broadest sense and include without limitation any antl all hazardous or toxic
<br />substances, materials nr waste as defined by or listed under the Environmental Laws. The term " Hazardous Substances" also
<br />includes, without limitation, petroleum and petroleum by- products ate any fraction thereof and asbestos.
<br />Improvements. The word "Impravementar means all existing and future improvements, buildings, structures, mobile homes affixed on
<br />the Feat Property, facilities, reductions, 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 Note
<br />or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note
<br />or Related Documents and any amounts expended or advanced by Lender to discharge Trustor a obligations or expenses incurred by
<br />Trustee or Lender to enforce Tuarr's obligations under this Dead of Trust together with interest qo. such amounts as provided in this
<br />Deed of Trus 1.
<br />Lander. The word "Lender' mours Five Points Bank, its successors and assigns. The words "successor. or esarmus" mean any
<br />person or earn Perry that acquires any Interest In the Note.
<br />Nate. The word "Note" means the promissory note dated April 1, 2002, in the original principal amount of $60,000.00
<br />from substitutions nsr for thender, promissory note or all Apartment. The of.
<br />maturity data m thisoDead elf Trust I. Marche15 refinancings of, of, and
<br />a premiss y 9re
<br />Personal Property. The words "Personal Property' mean all equipment, fixtures, and other articles of personal property now or
<br />hereafter Owned by Trul and now or hereafter attached or allixed to the Reel Property; together with all recursions, parts, and
<br />seductions [o, 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. I he word "Property" incens collectively the Real Property and the Personal Property.
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