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<br /> DEED OF TRUST 200908493
<br /> Loan No: 101225449 (Continued) Page 7
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<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 Trust 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 LARRY W FOWLE and includes all co-signers and co-makers signing the Note and all their
<br /> successors and assigns.
<br /> Dead 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, et 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 d 46'1 _t fprtf ih~thie'.~dibf~Trust in the events of
<br /> default section of this Deed of Trust. r. :,N.8 r.NM f i
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<br /> Hazardous Substances. The words "Hazardous Substances" mean material tka-t; -ba ~'s8'-i '
<br /> arty, '_j oncentration 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, stored, disposed of, generated, manufactured, transported or otherwise handled. The words
<br /> "Hazardous Substances" are used in their very broadest 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, 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. 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 "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 October 23, 2009, in the original principal amount 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 October 31, 2024.
<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 /> 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 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.
<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 Five Points Bank, whose address is P.O Box 1507, Grand Island, NE 68802-1507 and any
<br /> substitute or successor trustees.
<br /> Trustor. The word "Trustor" means LARRY W FOWLE.
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