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Loan No: 101228116
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<br />DEED OF TRUST 2 01 Q Q 11
<br />(Continued)
<br />Page 8
<br />pf such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is
<br />required and in all cases such consent may be granted or withheld in the sole discretipn of Lender.
<br />Severability. If a court of cpmpetent Jurisdiction finds any prevision of this Deed of Trust to be illegal, invalid, or unenforceable as to
<br />any person or circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other person
<br />or circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If
<br />the offending provision cannot be sn modified, it shall be considered deleted from this peed of Trust. Unless otherwise required by
<br />law, the illegality, invalidity, or unenforceability pf any provision of this Deed of Trust shall not affect the legality, validity or
<br />enforceability of any other provision of this Deed of Trust.
<br />Successors end Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustpr'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 pbligations 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 capitalized wards. and terms shall have the following meanings when used in this Deed of Trust. Unless
<br />specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America.
<br />Wards and terms used in the singular shall Include the plural, and the plural shall include the singular, as the cpntext may require. Wards
<br />and terms not otherwise defined in this Deed of trust shall have the meanings attributed to such terms in the Uniform Commercial Code:
<br />Beneficiary. The word "Beneficiary" means Five Points Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means JOSE D MATED and VILMA 8 MATED and includes all co-signers and co-makers signing the
<br />Note and all their successors and assigns.
<br />Dead of Trust. The wards "Deed of Trust" mean this Deed pf Trust among Trustor, Lender, and Trustee, end includes without
<br />limitation all assignment and security interest provisions relating to the Personal Property and Rents.
<br />Default. The ward "Default" means the Default set forth in this Deed of Trust in the section titled "Default".
<br />Environmental Laws. The wards "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances
<br />relating to the prptection 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"1, the Superfund
<br />Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"-, the Hazardous Materiels 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 default sat forth in this Deed of Trust in the events of
<br />default section of this Deed of Trust.
<br />Existing Indebtedness. Ths words "Existing Indebtedness" mean the indebtedness described in the Existing Liens provision of this
<br />Deed of Trust.
<br />Guaranty. The wprd "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including
<br />without limitation a guaranty of all or part of the Note.
<br />Hazardous Substances. The words "Wazardous Substances" mean materials that, because of their quantity, cpncentretion or
<br />physical, chemical or infectious characteristics, may cause or epee a present or potential hazard to human health or the environment
<br />when improperly used, treated, stored, diseased af, 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 nr toxic
<br />substances, materials or waste as defined by or listed under the EriVirontnsntal Laws. The term "Hazardous Substances" also
<br />includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos.
<br />Improvements. The wprd "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on
<br />the Real Property, facilities, additions, replacements and other construction an the Real Property.
<br />Indebtedness. The word "Indebtedness" means all principal, interest, and other empunts, 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 limitatipn, Indebtedness includes the future advances set forth in the Future Advances provision,
<br />together with all interest thereon and all amounts that may be indirectly secured by the Cross-Collateralization provision of this Deed
<br />of trust.
<br />Lender. The word "Lender" means Five Points Bank, its successors and assigns.
<br />Note. The word "Note" means the promissory note dated February 17, 2010, in the original principal amount of
<br />$30,310.50 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 February 17, 2015.
<br />Personal Property. The wards "Personal Property" mean all equipment, fixtures, and other articles of personal property now pr
<br />hereafter owned by Trustor, and now or hereafter attached or affixed to the Real Property; together with all accessipns, 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) frpm any sale or other disposition of the Property.
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