|
. -
<br />a DEED of TRUST 2~D~Q5~~
<br />Loan No: 101222566 - ~ (Continued) Page $
<br />Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"1, the Superfund
<br />Amendments and Reauthorization Ant of 1986, Pub. L. Na. 99-499 ("SARA"-, the Wazardous 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 nr
<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 section of this heed 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" means the guaranty from guarantor, endorser, surety, or accommpda#ipn 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, stared, disposed af, generated, manufactured, transported or otherwise handled. The words
<br />"Hazardous Subs#ances" are used in their vary brpadest sense and include without limitation any and all hazardous or toxic
<br />substances, materials or waste 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, rnobile homes affixed on
<br />the Real Property, facilities, additions, replacements and other construction on the Reel Prpperty.
<br />Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable 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 amounts expended or advanced by Lender to discharge Trustar's obligations or expenses incurred by
<br />Trus#ee or Lander #o enforce Trustor's obligations under this Deed of Trust, together with interest on such amounts as provided in this
<br />Deed of Trust. Specifically, without limitation, Indebtedness includes the future advances set forth in the Future Advances provision
<br />of this Deed of Trust, together with all interest thereon.
<br />Lender. The word "Lander" 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 Note.
<br />Note. The ward "Note" means the promissory note dated July 1, 2009, In the original principal amount Of $ 5,110.50 from
<br />Trustor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations af, and substitutions
<br />for the promissory note or agreement. The maturity date of this Deed of Trus# is July $, 2013.
<br />Personal Property. The wards "Personal Property" mean all equipment, fixtures, and other ar#icles of personal property now or
<br />hereafter owned by Trustor, and now or hereafter attached or affixed #n the Real Property; together with all accessions, parts, and
<br />addi#ions to, all replacements of, and all substitutions for, any of such proper#y; 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.
<br />Property. The word "Proper#y" 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 nptes, 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.
<br />Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived
<br />from the Property.
<br />Trustee. The word "Trustee" means l=ive Points Bank, whose address is P.O Box 1507, Grand Island, NE 68802-1507 and any
<br />substitute or successor trustees.
<br />~...
<br />Trustor. The word "Trustor" means RUSSELL D MCMILLAN and EILEEN C MCMILLAN.
<br />EACH TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH TRUSTOR AGREES TO
<br />ITS TERMS.
<br />TRUSTOR:
<br />x
<br />RUSSE MCMILLAN
<br />x / C
<br />EI N C M ILLAN
<br />
|