|
<br />
<br />
<br /> DEED OF TRUST 0 0 9 0 5 7 6 ~7j
<br /> Loan No. 101222881 (Continued) Page 7
<br />
<br /> County, State of Nebraska.
<br /> Joint and Several Liability. All obligations of Trustor under this Deed of Trust shall be joint and several, and all references to Trustor
<br /> shall mean each and every Trustor. This means that each Trustor signing below is responsible for all obligations in this Deed of Trust.
<br /> No Waiver by Lender. Trustor understands Lender will not give up any of Lender's rights under this Deed of Trust unless Lender does
<br /> so in wriling, The fact that Lender delays or omits to exercise any right will not mean that Lender has given up that right. If Lender,
<br /> does agree in writing to give up one of Lender's rights, that does not mean Trustor will not have to comply with the other provisions
<br /> of this Deed of Trust, Trustor also understands that if Lender does consent to a request, that does not mean that Trustor will not
<br /> have to get Lender's consent again if the situation happens again. Trustor further understands that just because Lender consents to
<br /> one or more of Trustor's requests, that does not mean Lender will be required to consent to any of Trustor's future requests. Trustor
<br /> waives presentment, demand for payment, 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
<br /> mean 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
<br /> Deed of l-rust even if a provision of this Deed 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 Trustor's interest, this Deed of Trust
<br /> shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes
<br /> vested in a person other than Trustor, Lender, without notice to Trustor, may deal with Trustor's successors with reference to this
<br /> Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Trustor from the obligations of this Deed of
<br /> Trust or liability under the 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. 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.
<br /> DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust:
<br /> Beneficiary. The word "Beneficiary" means Five Points Bank, and its successors and assigns.
<br /> Borrower. The word "Borrower" means LOWELL D LINDGREN and MARGARET A LINDGREN and includes all co-signers and
<br /> co-makers signing the Note and all their successors and assigns.
<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.
<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, at seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or other applicable state or
<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 Deed 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 /> Hazardous Substances. The words "Hazardous Substances" mean maerials.tktat„,t~c usaaf.,;l~ei.q~tapiy, concentration or
<br /> physical, chemical or infectious characteristics, may cause or pose a pres t or`pntehti'bI-IYa'za1*JiRlkiiidaM'heal or the environment
<br /> when improperly used, treated, stored, disposed of, generated, manuf ctured;~ttdA6ifgd or otherXe handled. The words
<br /> "Hazardous Substances" are used in their very broadest sense and in awm wlisvn!l~i'~ a `aria 'al hazardous or toxic
<br /> substances, materials or waste as defined by or listed under the Environmental" awws".I'~ie lr 'ar~Sus 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, mobile homes affixed on
<br /> the 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 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 Trustor's obligations or expenses incurred by
<br /> Trustee or Lender to enforce Trustor's obligations under this Deed of Trust, together with interest on such amounts as provided in this
<br /> Deed of Trust.
<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 Note.
<br /> Note. The word "Note" means the promissory note dated July 3, 2009, in the original principal amount of $6,878.50 from
<br /> Trustor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions
<br /> for the promissory note or agreement. The maturity date of this Deed of Trust is July 3, 2014.
<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.
<br /> Property. The word "Property" means collectively the Real Property and the Personal Property.
<br />
|