|
200209955
<br />DEED OF TRUST
<br />Loan No: 456159 (Continued) Page 4
<br />legal expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts
<br />to modify or vacate any automatic stay or injunction), appeals, and any anticipated post judgment collection services, the cost of
<br />searching records, obtaining title reports (including foreclosure reports), surveyors reports, and appraisal fees, title insurance, and
<br />fees for the Trustee, to the extent permitted by applicable law. Truster also will pay any court costs, in addition to all other sums
<br />provided by law.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Dead of Trust:
<br />Scanning Law. This Deed of Treat will be governed by and interpreted In accordance with federal law and the laws of the State of
<br />Nebraska. This Dead of Trust has been accepted by Lender in the Stets of Nebraska.
<br />Choice of Venue. if there is a lawsuit, Truster agrees upon Lender 'a request to submit to the jurisdiction of the courts of Hell County,
<br />State of Nebraska.
<br />Time is of the Essence. Time is of the essence In the performance of this Dead of Trust.
<br />Waiver of Homestead Exemption. Truster 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 following words shall have the following meanings when used in this Deed of Trust:
<br />Beneficiary. The word "Beneficiary" means Five Points Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means MARGENE L TAYLOR and LOYD A TAYLOR, and all other persons and entities signing the
<br />Credit Agreement.
<br />Credit Agreement. The words "Credit Agreement" mean the credit agreement dated September 13, 2002, with credit limit Of
<br />$25,000.00 from Trustor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations
<br />of, and substitutions for the promissory note or agreement. The maturity date of this Deed of Trust is September 18, 2007.
<br />Deed of Trust. The words "Deed of Trust' mean this Deed of Trust among Truster, 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 and all state, federal and local statutes, regulations and ordinances
<br />relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental
<br />Response, Compensation, and Liability Act of 1980, ea amended, 42 U.S.C. Section 9601, at seq. (`CERCLA "). the 5upertund
<br />Amendment. and Reauthorization Act of 1986, Pub. L. No. 99 -499 CSARA"h the Hazardous Materials Transportation Act, 49 U.S.C.
<br />Section 1801, at seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 5901, at seq., or other applicable state or
<br />federal laws, rules, or regulations adopted pursuant thereto.
<br />Event of Default. The words "Event of Default" mean any of the events of default set forth in this Dead of Trust in the events of
<br />default section of this Deed of Trust.
<br />Improvement, The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on
<br />the Real Property, facilities, additions, replacements and other construction on the Real Property.
<br />Indebtedness. The ward "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the
<br />Credit Agreement or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and
<br />substitutions for the Credit Agreement or Related Documents and any amounts expended or advanced by Lender to discharge
<br />Truster 'a obligations or expenses incurred by Trustee or Lender to enforce Trustor's obligations under this Dead of Trust, together
<br />with interest on such amounts as provided in this Deed of Trust.
<br />Lender. The word "Lender" means Five Points Bank, its successors and assigns. The words "successors or assigns" mean any
<br />person or company that acquires any interest in the Credit Agreement,
<br />Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or
<br />hereafter owned by Truster, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and
<br />additions to, all replacements of, and all substitutions far, 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. The word "Property" means collectively the Real Property and the Personal Property.
<br />Real Property. The words "Real Property' mean the real property, interests and rights, as further described in this Deed of Trust.
<br />Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental
<br />agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other
<br />instruments, agreements and Documents, whether now or hereafter existing, executed in connection with the Indebtedness.
<br />Rents. The word "Rents" means all present and future rents, revenues, Income, issues, royalties, profits, and other benefits derived
<br />from the Property.
<br />Truster. The ward "Truster" means MARGENE L TAYLOR and LOYD A TAYLOR.
<br />
|