|
DEED OF TRUST 200207331
<br />Loan No: 774534 (Continued( Page
<br />Beneficiary The word "Beneficiary" means Five Points Bank, and as successore and assigns.
<br />Borrower. The word "Borrower" means DOUGLAS C LUTH and SHERRI L LUTH, and all other persons and entities signing the Note in
<br />whatever capacity.
<br />Deed of Trust, The words "Deed of Trust" mean this Deed of Trust ariong Truster, Longer, and Trustee, and ""Ind., w'ahout
<br />Ilm LLoben all a 6y,n lent and security interest provisions relating to the Personal Property and Rents.
<br />Default. The word ''Doran it, means the Default sal forth in this Deed of Trust in the... inn tided "Default ".
<br />Environmental Laws. The words "Environmental Laws" mean any and all state, federal and Icob stontee, reyulztieu:: and nrrli o nnas
<br />relating to the protection of human health or the environment, including without Ilmhatlon the Comprehensive Eavironrnmtal
<br />Response, Compensation, and Liability Art of 1880, a nrled, 42 U S C_ Section 9601, at seq. ( "CERCLA'9, the Superfund
<br />Amendments and Reauthorization Act of 1986, Pub. L. No, 99 499 ( "SARA "), d,e Hazardous Materials Transportation Act, 49 U.S.C.
<br />$action 1801, at seq., the Resource Conservation and Recovery Act, 42 U.S.C. Sooner 6901, of net , or other appllnahle state or
<br />federal laws, rules, or regularaii adopted pursuant thereto.
<br />Event of Default. The word "Event of Default" moan any of the events of default set forth in this Deed of Trust In the events of
<br />default suction of this Deed of Trust.
<br />Guaranty. The and "Guaranty" n u s the guaranty from guarantor, endorser, surety, or accommodation party to Lender, Including
<br />without hi a plenary of all or part of th. Not..
<br />Hazardous Substances. The word "Hazardous Substances" r ureterial, that, recurs. of ther, gnearly, a entration or
<br />physical, chemical o infectious characteristics, may c or pose a present or potential hazard to human health or theeenvironment
<br />ecru
<br />when improperly used, trace o stored, their broadest sense and in loode manufactured, transported o otherwise all hazardous The wortls
<br />"Hazardous Substances" a sad penned their vary broedest s and include without limitation any antl all hazardous or tunic
<br />substances, materials o ante eu dp tr or listed products any fracmntal Laws. are term "Hazardous Substances" also
<br />includes, without limitation, and petroleum by pmJmts or airy fraction [haunt and ashsms.
<br />Improvements. The and "Improvements" m s all existing and future improvements, bulldirl structures, mubilc hoim:s affixed on
<br />the Real Pr ... re, faolfinho. add,br, ur, replacements and other construction on the Real Property
<br />Indebtedness. The word " Indebtedness" means all principal, inmresL ong ether amounts, amts and .xpans.. payable under the Note
<br />or Roleted Documents, together with all renewals of, extensions of, modifications oL senschdatnan. of and sub.atimcns for the Note
<br />or Ruleted Documents and any amounts expended or advanced by Lender to discharge Truster 'a obligations or expenses h rod by
<br />Trustee or Lender to enforce Trustor's obligations under this Dead of Tuist, together with interest on such amounts as provided In this
<br />Deed of Trust
<br />Lender- The word "Lender" means Five Points Bank, its successors and assigns.
<br />Note. The word "Noto Means the promissory rote dated duly to, 2002, in the original principal amount of 5160,487.00
<br />from Truster to Lender, together with all re wall of, exrorieiens of r codification' of, refir rorr s nf, n ..plidations of, and
<br />suhun ions for the promissory note or agreement. The maturity data of this Dead of Trust Is JULY 1 Or 2017_
<br />Personal Property. Tire words "Persenel Property" all equlpm.n; fixtures, and other articles of personal property now or
<br />hereafter owned by Truster, and n or b e
<br />or.rter attached or affixed to the Real Property, together with all accessions, ssions, parts, and
<br />additions to, all replacements of, and all substitutions tar, any of push pre,.rwr and .gather with all proceedslincluding .,thou,
<br />rmitatinn .,, In Fluor,.. Pmce.ds and refunds of premiums) from any sale or other disposition of the Properly.
<br />Property. The word "Properly" memo collectively the Real Property and the Persona, Property.
<br />Real Property. The wards "Real Property" mean the real property, Interests and rights, as further described in this Dead of Trust.
<br />Related Documents_ The words "Related Documents" mean all promissory notes, credit agreements, loan agmwnernts, environmental
<br />agreements, yruoruca, s arty ayrovorou a, mnrtnayes, deeds of trust, security deeds, collateral mortgages, and all other
<br />restruments, agreements and Jetliner s, whether now or hereafter existing, executed in connection with the Indebtedness.
<br />Rents. The word "Rents" means all present and future rents, revenues, mvomo, cranes, reyelties, prnfits, and other benefits derived
<br />hour the Property_
<br />Trustee. The wort "Trusme Bank, whose address Is P.0 Box 150], Grand Island, NE 68802 -1507 antl any
<br />substitute or successoTruster The word "Tr�1sfnr "UAS C LUTH and SHERRI L LUTH.
<br />EACH THU�/[OR ACMNOW DG VING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH TRUSTOR AGREES TO
<br />ITS TERMSI /
<br />TRUSTOR:I n
<br />
|