|
DEED OF TRUST 2 O i Q O 12 5
<br />Loan No: 101228077 (Continued) Page 8 -
<br />vested in a parson 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 by way of forbearance or extension without releasing Trustor from the obligations of this Daed 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 Womestead 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 peed of Trust.
<br />DEFINITIONS. The following capitalized words 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 />Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words
<br />and terms not otherwise defined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Cade:
<br />Beneficiary. The word "Beneficiary" means Five Points bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means GREGORY D GEWECKE LIVING REVOCABLE TRUST DATED SEPTEMBER 22, 2003 AS
<br />AMENDED, AN UNDIVIDED ONE-HALF INTEREST; JEANINE R. GEWECKE LIVING REVOCABLE TRUST DATED SEPTEMBER 22, 2003
<br />AS AMENDED, AN UNDIVIDED ONE-HALF INTEREST; GREGORY D. GEWECKE; and JEANINE R. GEWECKE and includes all cc-signers
<br />and co-makers signing the Note and all their successors and assigns.
<br />Deed of Trust. The words "peed of Trust" mean this Daed of Trust among Trustor, Lender, end Trustee, and includes without
<br />limitation all assignment and security interest provisipns relating to the Personal Property and Rents.
<br />Default. The word "Default" means the Default set forth in this Deed of Trust in the section titled "Default".
<br />Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and prdinances
<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 Reauthorizatipn Act of 1986, Pub. L. No. 99-499 ("SARA"1, 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, et seq., or pther applicable state or
<br />federal laws, rules, or regulations adapted 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 />Guaranty. The ward "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 "Hazardous Substances" mean materials that, because of their quantity, noncentration or
<br />physical, chemical or infectipus characteristics, may cause or pose a present or potential hazard to human health or the environment
<br />when imprpperly 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 eny and all hazardous or toxic
<br />substances, materials or waste as defined by or listed under the Environmental Laws. Tha term "Hazardous Substances" also
<br />includes, without limitation, petroleum and petroleum by-prpducts 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 ali 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 />pr 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 />together with ell interest thereon and all amounts that may be indirectly secured by the Cross-Coilateralization 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 19, 2010, In the original principal amount of
<br />$121,361.00 from Trustor to Lender, together with all renewals of, extensions pf, modifications of, refinancings of, consolidations
<br />of, and substitutions for the promissory note or agreement. The maturity date of this Deed of Trust is 02-19-2025.
<br />Personal Property. Tha 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 />
|