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<br />
<br />DEED OF TRUST
<br />( Continued)
<br />
<br />200805687
<br />
<br />Loan No: 101216977
<br />
<br />Page 4
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<br />MISCEllANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
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<br />Governing law. This Deed of Trust will be governed by federal law applicable to lender and, to the extent not preempted by federal
<br />law, the laws of the State of Nebraska without regard to its conflicts of law provisions. This Deed of Trust has been accepted by
<br />lender in the State of Nebraska.
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<br />Choice of Venue. If there is a lawsuit, Trustor agrees upon lender's request to submit to the jurisdiction of the courts of Hall County,
<br />State of Nebraska.
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<br />Time is of the Essence. Time is of the essence in the performance of this Deed of Trust.
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<br />Waiver of Homestead Exemption. Trustor 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 Deed of Trust.
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<br />DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust:
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<br />Beneficiary. The word "Beneficiary" means Five Points Bank, and its successors and assigns.
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<br />Borrower. The word "Borrower" means CHARLES R KOCH and ANN J KOCH and includes all co"signers and co-makers signing the
<br />Credit Agreement and all their successors and assigns.
<br />
<br />Credit Agreement. The words "Credit Agreement" mean the credit agreement dated June 26, 2008, with credit limit of
<br />$40,000.00 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 July 1, 2011.
<br />
<br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, lender, and Trustee, and includes without
<br />limitation all assignment and security interest provisions relating to the Personal Property and Rents.
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<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, as amended, 42 U.S.C. Section 9601, et seq. ("CERClA"), the Superfund
<br />Amendments and Reauthorization Act of 1986, Pub. l. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C.
<br />Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or
<br />federal laws, rules, or regulations adopted pursuant thereto.
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<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 section of this Deed of Trust.
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<br />Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing liens provision of this
<br />Deed of Trust.
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<br />Improvements. 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.
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<br />Indebtedness. The word "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 />Trustor's obligations or expenses incurred by Trustee or lender to enforce Trustor's obligations under this Deed of Trust. together
<br />with interest on such amounts as provided in this Deed of Trust.
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<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.
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<br />Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or
<br />hereafter owned by Trustor, 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 for, 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.
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<br />Property. The word "Property" means collectively the Real Property and the Personal Property.
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<br />Real Property. The words "Real Property" mean the real property. interests and rights. as further described in this Deed of Trust.
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<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.
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<br />Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived
<br />from the Property.
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<br />Trustee. The word "Trustee" means Five Points Bank. whose address is P.O Box 1507, Grand Island, NE 68802-1507 and any
<br />substitute or successor trustees.
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<br />Trustor. The word "Trustor" means CHARLES R KOCH and ANN J KOCH.
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