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DEED OF TRUST
<br />Loan No: 774321 200214119 (Continued) r „4 page a
<br />writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right of
<br />any other right. A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's right otherwise
<br />to demand Aida compliance with that provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of
<br />dealing between Lender and Trustor, shall constitute a waiver of any of Lender's rights of of any of Trustor's obligations as to any future
<br />transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting of such consent by Lender in any instance
<br />shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be
<br />granted or withheld in the sole discretion of Lender.
<br />Severability. If a court of competent jurisdiction finds any provision of this Dead of Trust to be illegal, invalid, or unenforceable as to any
<br />circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If feasible,
<br />the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so
<br />modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the Illegality, invalidity, or unenforceability
<br />of any provision of this Deed of Trust shall not affect the legality, validity or 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 Truster's interest, this Deed of Trust shall be
<br />binding upon and Inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person
<br />other than Truster, Lender, without notice to Truster, may deal with Truster's successors with reference to this Dead of Trust and the
<br />Indebtedness by way of forbearance or extension without releasing Truster from the obligations of this Deed of Trust or liability under the
<br />Indebtedness.
<br />Time is of the Essence. Time is of the essence in the performance of this Deed of Trust
<br />Waiver of Homestead Exemption. Truster hereby releases and waives all rights 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 capitalized words and terms shall have the following meanings when used in this Dead of Trust. Unless specifically
<br />stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms
<br />used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise
<br />defined In this Dead of Trust shall have the meanings athibuted 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 word "Borrower" means ROBERT G EIHUSEN, and all other persons and entities signing the Nate in whatever capacity .
<br />Deed of Trust. The words "Deed of Trust mean this Dead 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 />Default. The word "Default" means the Default set forth in this Deed of Trust in the section titled "Defarl".
<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 1980, as amended, 42 U.S.C. Section 9601, at seq. ( "CERCLA "), the Supertund Amendments and
<br />Reauthorization Act of 1986, Pub. L. No 99-499 ( "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 Dead of Trust in the events of default
<br />section of this Deed of Trust.
<br />Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens provision of this Deed of
<br />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 of pad of the Note.
<br />Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, 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 Property, facilities, additions, replacements and other construction on the Real Property.
<br />Indebtedness. The word " Indebtedness" means all principal, interest, and other amounts, costs and expanses 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 Trustor's obligations or expenses incurred by Trustee or
<br />Lender to enforce Truster's obligations under this Dead of Trust, together 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.
<br />Note. The word "Nate" means the promissory note dated June 6. 2002, in the original principal amount of $745,000.00 from
<br />Truster to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the
<br />promissory note or agreement. The maturity date of this Deed of Trust is June 6, 2003.
<br />Personal Property. The words "Personal Property' mean all equipment, fixtures, and other articles of personal property now or hereafter
<br />owned by Truster, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all
<br />replacements of, and all substitutions far, 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.
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