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200214312 <br />DEED OF TRUST <br />Loan No: 775978 (Continued) Page 7 <br />Trustor also understands that if Lender does consent to a request, that does not mean that Truster will not have to get Lender's consent <br />again if the situation happens again. Trustor further understands that lust because Lender consents to one or more of Trusor's requests, <br />that does not mean Lender will be required to consent to any of Trustor's future requests. Truster waives presentment, demand for payment, <br />protest, and notice of dishonor. <br />Severability. If a court finds that any provision of this Deed of Trust is not valid or should not be enforced, that fact by itself will not mean <br />that the rest of this Deed of Trust will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Dead of Trust <br />even if a provision of this Dead of Trust may be found to be invalid or unenforceable. <br />Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Toaster'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 Trustor's successors with reference to this Dead of Trust and the <br />Indebtedness by way of forbearance or extension without releasing Truster ham 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 Dead of Trust. <br />Waiver of Homestead Eilemption.. Truslogh @ eleases and waives all rights and benefits of the homestead exemption laws of the State <br />of Nebraska as to all In Jekle lness sear his eetl of Trust. <br />DEFINITIONS. The fplowingvards'ahell hav9eNe f ng meanings when used in this Deed of Trust: <br />Beneficiary. The and "Beneficiary" means Five Points Bank, and its successors and assigns. <br />Borrower. The word "Borrower" means ROBIN L yUE, and all other persons and entities signing the Note. <br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Truster, 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 1980, as amended, 42 U.S.C. Section 9601, at seq. ( "CERCLA "), the Superhard Amendments and <br />Reauthorization Act of 1966, 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 "Evart of Default" mean any of the events of default sat Podia in this Dead 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 part 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 farm "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 an the <br />Real Property, facilities, additions, replacements and other construction on the Real Properly. <br />Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Net. 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 expanded or advanced by Lender to discharge Toaster's obligations or expenses Incurred by Trustee or <br />Lender to enforce Trustor'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. The words "successors or assigns" mean any person or <br />company that acquires any interest in the Note. <br />Note. The word "Note" means the promissory note dated December 19, 2002, In the original Principal amount of $130,155.87 <br />from Truster to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for <br />the promissory note or agreement The maturity dale of this Deed of Trust Is 12 -19 -2017 <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 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 Metaled 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'7rustee" means Five Points Bank, whose address is P.O Box 1507, Grand Island, NE 68802 -1507 and any substitute or <br />suooessortrustees- <br />