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200207334 DEED OF TRUST Loan No: 774530 (Continued) Page 8 Dead of Trust and the lndehtednass by way of forbearance or extension without rcleaslny Truster from the obligations of this Deed of Trust or liability under the ludebtcdnuss. Time is of the Essence. Time is of the essence In the performance of this Dead of Trust. Waiver of Homestead Exemption. Truster hereby releases and waives all rights and benefits of the homestead exemption laws of the State of Nebraska as to all Indebtedness secured by this Dead of Trust. DEFINITIONS. The following capital'ved words and terms shall have the following coraceirop when used in this Deed of Trust. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful -mmy of the United States of America. Words and terms used in the singular shall Include the pleral,and the plural shall include the singular, as the ucutext may require. Words and teens not otherwise defined in this Deed of Trust trail have the meanings attributed to such terms in the Uniform Commercial Coda Beneficiary. The word "Finafiriary" means Five Points Bank, and Its successors and assigns. Borrower. The word "Borrower" rn.ens ALVIN G MOTLEY and LORIE MOTLEY, and all other persons and entities sinning the Note is whatever capacity. Deed of Trust. The words "Dead of Trust" mean this Deed of Trust missing Truster, Lender, and Trustee, and includes without limitation all assignment and security interest provisions relating to the Personal Property and Renter. Default. The word "DafauR" means the Default out forth In this Dead of Trust in the section titled "Default ". En cronmentad Laws. The words "Environmental Laws" r . any and all slate, federal and local statutes, regulations and ordinances relating in the protection of human health or the obvirmarect, imluding w,hnuf limitation the Comprehensive Environmental Response. Compoiecticn, and Liability Act of 1980, as amended, 42 U,S.C, Section 9601, of Fe,_ ( "CERCLA "), the Suparfund Amendments and Rcanderizabon Act of 1986, Pub. L No 99499 ( "SARA "I, the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. 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 default section of this Dead of Trost_ Guaranty_ The word "Guaranty" means the guaranty from g.a,abtn,, endorser, surety, or aeeommodbtion party to Lenderr iodudirm without IlmlLation a guaranty, of all or part of the Note, Hazardous Substances. Thu words "Hazardous Substances" n materials that. because of their quan5ty, r .eniratlon or ph,sceal, nhemlcal o infectious characteristics, may c or pose a Present or pored lal hazard to human health or the enamormnt wizen impmparly used, treated, stores, disposed of agcneatnd, nufactured, transported or otherwise handled. The words " Hazardous Substances" sed in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials o r sic as defined by or listed under the Environmental Laws. The to nn "Hazardous Sib t....", also nosiness, without limitation, petroleum and petrulcum by- products or any fraction thereof and asbestos. Improvements_ The word 'Improvements" means all existing and future Improvemmits, building',.crmnnms, mobile homes affixed on the Real Property, facllltios, additions, replacements and other construction on the Real Property. Indebtedness. The word " Indebtedness" means all Peal.maL interest and nth., amounts, casts and expenses payable under the Nut. or Related Documents, together with all renewals of, eatecomrns of r mdlfinatlons of, a solldatlons of and substitutions for the Note or Related Documents mud any amormts expended or advanced by Lender to discharge Trustur's obligations or expenses in , red by Trustee or Lender to enforeu Trucher's obligations under this Deed of Trust, together with interest on such amounts as provided in this Deed of Trust. Lender. Tire word "Lender" means Five Points Bank, its successors and assigns. Note. The word "Note" means the promissory note dared July 10, 2002, in the original principal amount of $15,000.00 from Borrower to Lender, together with all renewals of, exisnsi.es of, modifications of, refinancings of, consolida Dons of, and substitutions for the promissory note or agreement. The nruturity data of this Deed of Trust is 1231 -02. Personal Property. The words "Personal Property" mean all equipment, fixtbras, and other articles of personal property n or hereafter owned by Truster, and now or hereafter attached o affixed to the Real Property; mgethal- with all a s, parts,�and additions to, all replaconre RS of, and all .substitutions for, any of such property; and together with a1I proceadse�niouding without limitation all insurance proceeds and refunds of prucuun e) from any Fain or other disposition of the Property. Property. The word "Property" means collectively the Real Properly and tire Personal Property. Real Property. The words "Rucl Property" mean the real property, interests and rights, as further described in ibis Good of Trust. Related Documents. The words "Related Documents" mean all promissory notes, True, agreements, loan agreements, environmental agruenronts, guaranfiss, r uHty agreements, mort,ll deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and bounients, whether now or hereafter existing, executed in connection with the Indebtedness_ Rents_ The word "Rents" means all present and future runts, re—lal ., n.n sues, royalties, profits, and other benefits derived from the Property. Trustee. The word "Trustoc" ens Five Points Bank, whose address is P,0 Box 1507, Grand Island, BE 68802 -1507 and any substitute or successor trustees, Truemr. The word "Truster" means ALVIN G MOTLEY.