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DEED OF TRUST 200207329
<br />Loan No: 774534 (Continued) Page 8
<br />No Waiver by Lender. Lender shall not be deemed to have wArvud any rights under this Dead of Trust unless such waiver Is given in
<br />writ Lug and signed by Londe,. No delay o on the part at Lender In sing any right shall operate as a w of such
<br />tshal
<br />right or any usher right demand w er by LItIame of a
<br />with that pr vi this Deed of Trust shall not of thisice a con stu t. w of aiver Ly
<br />right otherwise to urse of strict g bet anon with that pruvasinn ^ any other provision of this Dead of Trust, Noaprior waiver by
<br />lender, n alt c of dealing between Lender and Trustor, shall t of Lender a of any of Lender's rights or of Iany of
<br />f s such onsenti by Lender any furore transactions. Whenever the consent of Lentler is ,snubsetl ent i than es of e such the granting
<br />re such c eel by cases such any int may shall not constitute continuing consent to subsequent Instances where such consent is
<br />required and in all cases such consent may be granted or withheld in the sole disnretion of Londe,.
<br />Sevorability. If a nnurt of competent luradiction finds any provision of this Deed of Trust to be Illegal, n vand, or enforceable as to
<br />any cjrcumstance, that finding shall net nuke the offending provision illegal, 'Invalid, or unenforceable as to any other olmmoslanou_ If
<br />feasible, the offending provision shall be considered nmdafietl an that it becomes legal, valid and enforceable. If the offending
<br />provision .auto, be ad modified, It shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the
<br />illegality, iL velldlty, o oe
<br />eoforabiaity of any provision of this Deed of Trust shall not effect the IoyaB ne
<br />ty, validity or enforal itY of
<br />any other provision of tors Dual of Trust.
<br />Successors and Assigns. Subject to any limitations stared in this Deed of Trust on transfer of Truster's Interest, this Deed of Trust
<br />shall be binding upon and inure to the benefit of the pardon, their surrocn,on, and a signs_ If ownership of the Property becomes
<br />vreed in a person other than Trusty, Lender, without notice to Trusts, may deal with Trus'lor's su s with rsfire- to this
<br />Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Truster from theobllgatura of this Deed of
<br />Trust or liability Under the Indebtedness.
<br />Time is of the Essence. Time Is of the essence In the peremnnoe of this Deed of Trust.
<br />Waiver of Homestead Exemption. Truster hereby releases and waives all rights and benefits of the homestead ex mpYmn laws of the
<br />State of Nebraska as to all Indub(ILI secured by this Deed of Trust.
<br />DEFINITIONS. The following capitalized words and terns shall Lave the following meanings when used in this Deed of Trust, Unless
<br />spudfmally stated In the —der-1, all references to dollar amounts shall mean amounts in lawful roomy of the United States of America.
<br />Words and horrus uned in tae anequiar shall include the plural, and the plural shall include the singular, as rile centoxt r nay reguire. Words
<br />and terms not otherwise defined in this Duud of Trust shall have the meanings attributed to such terms In the Uniform Commercial Code:
<br />Beneficiary. The word "Beneficiary" means Five Points Bank, and Its successors and assigns_
<br />Borrower_ The word "Burrower" means DOUGLAS C LUTH and SHERRI L LUTH, and all other parsons and onfities signing the Note in
<br />whatever capacity .
<br />Deed of Trust. The words 'Deed of Trust" mean this Deed of Trust a ono Trustor, Lender, and Trustee, and includes without
<br />lndtal— all assignment and security interest provisions relating to the Personal Property and Rents.
<br />Default. The word "DOfaul "means the Default set forth In this Deed of Trust in the section titled "Default ".
<br />Environmental Laws. The words "Environmental Laws" Mean any and all state, judicial antl Inca I core,... reguaandre, and ordinances
<br />relati^p to the protection of human health or the environment, including without linuoton the Comprehensive Environmental
<br />Response. Compcnsa thin, and Lenity Ant of ISM a ended, 42 U.S.C. Section 9601, at seq. ( "CERCLA'), the Superfuld
<br />Amendments and Reauthorization Act of 1986, Pilo . L No a99 -499 ( "SARA'), the Hazardous Materials Transportation Act, 49 U,S. C_
<br />Section 1801, at seq., the Resource Conservation and Recovery Am U.S.C. Section 6901, et seq., or other applicable state or
<br />federal laws, rules, or regulators 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 the events of
<br />default section of this Deed of Trust.
<br />Guaranty. The word "Guaranty means the guaranty from guarantor, ondumeq surety. ar acnnmmndatien party to Lender, including
<br />without IBnitation a gaamety of Al or part of the Note.
<br />Hazardous Substances. The word-, "Hazardous Sub,,.—IL m materials that, because of their quantityr c isl -tuun u
<br />physical, chemical or infectious characteristics, soya or pare a present or potential hazard to human health or the environment
<br />when improperly used, treated, stared, disposed of agenerated, rwfactumd, transported or otherwise handled. The words
<br />"Hazardous Suoetaneas" are used In their very broadest sense and Include wdhoul limitation any antl all hazardous or toxic
<br />substances. oho nnaar .1 01,11te, as defined by or listed under the Environmental Laws. The term "Hazardous Substonoer" zinc
<br />includes, without Inneatenr petroleum and putroluem by _ Products or any fraction thereof and asbestos.
<br />Improvements. The word "Improvements" means all existing and future imprevaerou Ld bullfrogs, struntures, mnhiae homes affixed on
<br />the Real Property, f"I'mos, additions, replacements and other construction on the Reel Property
<br />Indebtedness. The word "Indebtedness" means all pnr o lbal, in forest, or other amounts, costs and expenses payable under the Note
<br />or Related Documents, together with all renewals of, extensions oL nmdificatura of, consolidations of and subscitutions for the Note
<br />or Related Documents and any amounts expended or advanced by Lender to discharge Truster 's obllgatiura or expenses rourred by
<br />Trustee or Lender to enforcu Trurtor's oMir,tinns Linder this Deed of Trust, together with interest on such amounts as provided in this
<br />Deed of Trust
<br />Lender. The word "I ender' means five Points Bank, its successors and assigns.
<br />Note. The word "Nuw^ Loran, the phmriea.ry ante dated .July 10, 2002, in the original principal amount of 5160,487.00
<br />from Borrower to Lender, together with all renewals of, uxm bo ur of, modifications of, refinancings of, consolidations of, and
<br />substitutions for the promissory rote or agreement. The maWnty date of this Deetl of Trust is.JILY 10, 2(1 ].
<br />Personal Property- The words "Personal Property" mean all equipment, fixtures, and other artmin, of personal property n or
<br />hereafter owned by Trustor, auW n a hereafter attached n affixed to the Real Property: together with all a s, pairs end
<br />additions to all replacements of, and all rabotrutorw tor, any of sucb property, and together with all proceeds (including without
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