|
200210522 DEED OF TRUST
<br />Loan No: 19673 (Continued) Page 6
<br />Time is of the Essence. Time is of the essence in the performance of this Dead of Trust.
<br />Waiver of Homestead Exemption. Trustor hereby releases and waives all nghts and benefits of the homestead exemption laws of the State
<br />of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br />DEFINITIONS. The following wards shall have the following meanings when used in this Dead of Trust:
<br />Beneficiary. The word Reneficlany' means Farmers State Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means Mauricio A. Gon alez, and all other persons and entities signing the Note.
<br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and Includes without limitation all
<br />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 Response,
<br />Compensation, and Liability Act of 1989, as amended, 42 U.S.C. Section 9601, at seq. ( "CERCLA "), the Superfund Amendments and
<br />Reauthorization Act of 1986, Pub. L. No. 99-099 ( "SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the
<br />Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or other applicable state or federal laws, rules, or regulations
<br />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 default
<br />section of this Deed of Trust.
<br />Guaranty. The word "Guaranty' means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, Including without
<br />limitation a guaranty of all or pad of the Note.
<br />Hazardous Substances. The wortls " Hazardous Substances" mean materials that, because of their quanfity, concentration or physical,
<br />chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly
<br />used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are
<br />used In their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by
<br />or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum
<br />by- products or any fraction thereof and asbestos.
<br />Improvements. The word "Improvements" means all existing and future Improvements, buildings, structures, mobile homes affixed on the
<br />Real PropeM, facilities, additions, replacements and other construction on the Real Property.
<br />Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or
<br />Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related
<br />Documents and any amounts expended or advanced by Lender to discharge Trustors obligations or expenses incurred by Trustee or
<br />Lender to enforce Trustor 's obligations under this Deed of Trust, together with interest on such amounts as provided In this Dead of Trust.
<br />Lender. The word "Lender" means Farmers State Bank, Its successors and assigns. The words 'Successors or assigns" mean any person
<br />or company that acquires any interest in the Note.
<br />Note. The word "Note" means the promissory note dated September 24, 2002, In the original principal amount of $481000.00
<br />from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for
<br />the promissory note or agreement.
<br />Personal Property. The words "Personal Property' mean all equipment, fixtures, and other articles of personal property now or hereafter
<br />owned by Trustor, and now or hereafter attached or affixed to the Real Property; together with all accessions, pads, and additions to, all
<br />replacements of, and all substitutions for, any of such property; and together with all proceeds (Including without limitation all insurance
<br />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 instruments,
<br />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 from the
<br />Property.
<br />Trustee. The word 'Trustee means Farmers State Bank, whose address is P. O. Box 246, Silver Creek, NE 68663-0246 and any substitute
<br />or successor trustees.
<br />Trustor. The word "f,ustor" means Mauricio A. Gonzalez and Carmen Gor lez.
<br />EACH TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH TRUSTOR AGREES TO
<br />ITS TERMS.
<br />
|