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DEED OF TRUST 2 010 0 0 2 3 0
<br />Loan Na: 901227189 ~ (Continued) Page 7
<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 Truster. 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 writing. 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 doss 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 Peed 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 Daed 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 Truster, Lender, without notice to Trustor, may deal with Trustor's successors with reference to this
<br />Deed of Trust and the Indebtedness 6y way of forbearance or extension without releasing Trustor from the obligations of this Deed of
<br />Trust or tiabilityunder the Indebtedness.- - - - - -
<br />Time is of the Essence. Time is pf the essence in the performance of this Deed pf 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 Paints Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means RAYMOND T CUMMINGS II and CHRISTINA A CUMMINGS 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 5uperfund
<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 Apt, 42 U.S.C. Section 6901, et 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 pf the events of default set forth in this Deed of Trust in the events of
<br />default section df this Deed of Trust.
<br />Existing Indebtedness. The wards "Existing Indebtedness" mean the' indebtedness described in the Existing Liens prevision of this
<br />Deed of Trust.
<br />,,,,......v_.
<br />Hazardous Substances. The wards "Hazardous Substances" mean ma~'YP~I~'"f~eGaws~~ qquanti4y, concentration or
<br />physical, chemical or infectious characteristics, may cause or pose a present or~~SOle~tiaGltaz~~~ ar~healtlh or the environment
<br />when improperly used, treated, stored, disposed of, generated, manut~ct~c~~,~ ~krar)s~grf.~r~, ot~rwise hi~ndled. The words
<br />"Hazardous Substances" are used in their very broadest sense and in8lude.-.vuithouL-ate= and•-eNx 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 fractioh thereof and asbestos.
<br />Improvements. The ward "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 />Indeb#ednass. 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 Nate..
<br />Note. The word "Note" means the promissory note dated January $, 201 Q, in the original principal amount of $6,836.00
<br />from Trustor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and
<br />substitutions far the promissory note or agreement. The maturity date of this Deed of Trust is December 30, 2014,
<br />Personal Property. The wards "'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.
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