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DEED QF TRUST c~ ~ i o ~ ~ ~ ~+~
<br />Loan No: 701,228974 (COt7fIrlUBd) Page $
<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 ether than Trustor, Lender, without notice to Trustor, may deal with Trustpr's successors with reference to this.
<br />Deed of Trust. andahe lnde6fedness'by way of fprpearance or extension without releasing .Trustor from the of~ligations.of this Deed nf.
<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 aIF Indebtedness secured by this Deed of Trust. ~ -~^ ~ •~~ ~ • °•~ •• - -
<br />DEFINITIONS.: The. .following capitalized words and terms shall have the following meanings when used in this. ^eed of Trust. Unless
<br />specifically stated. tq 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 context may require. Words
<br />and terms not otherwise defined in this Deed of Trust shall have the meanings attributed to sunh terms in the Uniform Commercial Code:
<br />Beneficiary. The werd "Beneficiary" means Five Points Bank, and its successors and assigns.
<br />8orrawer. The word "Borrower" means JIM L BUCK and LINDA L BUCK and includes all co-signers and co-makers signing the Note
<br />and all their successors and assigns.
<br />Deed of Trost. The words "Deed of Trust" mean this Deed of Trust among Truster, Lender, and Trustee, and includes without
<br />limitation. all assignment and security interest provisions relating to the Personal Prpperty and Rents.
<br />Default, The word "Default" means. the Detault 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 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 Reauthpvization Act of 19$6, Pub. L. No. 99-499 1"SARA"), the Hazardous Materials Transportation Act,: 49. tJ:S:C:
<br />Section 1801, et seq., the .Raspor'de Conservation and Recovery Act„42.U.S.C. Section 6901, et seq., or ether applicakile tote or
<br />federal laves, rules, or regul$'tipriS"adapted pursuant thereto.
<br />Event of Default. The words . "Event. of Default" mean any of .the events. pf default set forth in. this Deed of Trust. in 'the events of
<br />..:. . .
<br />default section of this. Deed'.:of Trust... :' ;
<br />Guaranty. The word "Guaranty" means the guarahty from guarantor, endorser, surety, or accommodation party to LendeY;-ihcluding
<br />without limitation a guaranty'of aII or part of the 1VOte. '
<br />Wazardous Substances. 7he''words "Hazardous Substances" .mean materials that, because of 'their quantity, ebncentratibn pr
<br />physical, chemical or infectious, characteristics, may cause pr pose a present or potential hazard to human health or the environment
<br />when improperly. used, ~r..eated;. staled; 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 Dead 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 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 werd "Lender" means Five Points Bank, its successors and assigns.
<br />Note. The word "Note" means the promissory note dated March 22, 2010, in the Original principal amount Of
<br />$220,000.QO from Trustor to Lender, together with all renewals ot, 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 March 22, 201 1 .
<br />Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles pfi personal property now or
<br />hereafter owned by Trustor, and new or hereafter attached or affixed to the Real Property; together with all accessipns, parts, and
<br />additions to, all replacements nf, 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 />frpm'the Property,
<br />Trustee. The ward "Trustee" means FIVE POINTS 6ANK, whose address is 201 b N. BROADWELL AVE, GRAND ISLAND, NE 6$803
<br />and any substitute or successor trustees.
<br />Trustor. The word "Trustor" means JIM L BUCK and LINDA L BUCK.
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