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DEED OF TRUST
<br />Loan No: 775250 200210445 (continued) _ . , Page a
<br />law, the illegality, invalidity, or unenforecability of any provision of this Deed of Trust shall not affect the legality, validity or
<br />enforceability of any other provision of this Deed of Trust.
<br />Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Tructor's interest, this Deed of Trust
<br />shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes
<br />vested in a person other than Truster, Lender, without notice to Truster, may deal with Trustor's successors with reference to this
<br />Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Truster from the obligations of this Dead of
<br />Trust or lipbillty under the Indebtedness.
<br />Time is of the Essence. Time is of the essence m the performance of this Deed of Trust.
<br />Waiver of Homestead Exemption. Tool hereby mlaases and waives all rights and benefits of the homestead exemption laws of the
<br />State of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br />DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of Trust Unless
<br />specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America.
<br />Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words
<br />and terms not otherwise defined In this Deed 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 ward "Borrower" means EUGENE M KOSMICKI and DOREEN S KOSMICKI AKA DOREEN HARMS, and all Other
<br />persons and entities signing the Nate in whatever capacity.
<br />Dead of Trust. The words 'Deed of Trust" mean this Deed of Trust among Thestor, Lender, and Trustee, and includes without
<br />limitation all assignment and security interest provisions relating to the Personal Property and Rents.
<br />Default. The word "Default" 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 slate, 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, as amended, 42 U.S.C. Section 9601, at seq. ( "CERCLA "), the Superfund
<br />Amendments and Reauthorization Act of 1986, Pub. L, No. 99 -499 ( "SARA" 1, the Hazardous Materials Transportation Act, 49 ILS.C,
<br />Section 1801, at seq., the Resuuroe Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or other applicable slate 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 Deed of Trust in the events of
<br />default auction of this Deed of Trust.
<br />Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens provision of this
<br />Deed of Trust.
<br />Guaranty. The word "Guaranty" m a ns 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 words "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, treated, stored, disposed of, generated, manulacfured, transported or otherwise handled. The words
<br />"Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic
<br />substances, materials or aste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also
<br />Includes, without limitation, petroleum and petroleum by- products or any fraction thereof and asbestos.
<br />Improvements. The word "Improvements" means all existing and future Improvements, buildings, structures, mubile homes affixed an
<br />the Real Property, facilities, additions, replacements and other construction on the Real Property,
<br />Indebtedness. The word "Indebrovi a" means all principal, interest, and other amounts, costs and expenses payahle 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 amuunts expended or advanced by Lender to discharge Toaster's obligations or expenses incurred by
<br />Trustee or Lender to enforce Trustor's obligations under this Deed of Trust, 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 "Note" means the promissory note dated September 23, 2002, In the original principal amount of
<br />$5,076.00 from Trustor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of,
<br />and substitutions for the promissory note or agreement. The maturity date of this Deed of Trust Is 9 -23 -2022.
<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, pans, and
<br />additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without
<br />limitation all insurance precedes 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 wards "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 ell 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, rescue, royalties, profits, and other benefits derived
<br />from the Property.
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