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DFFD OF TRUST 201~~5$4~ <br />Loan No: 1Q7233S33 (Continued) Page 7 <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 Dead of Trust. <br />DEFINITIONS. The following words shall have the fallowing meanings when used in this peed 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 />Dsed 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 prptectian 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.~ect+o~'~" n°.~ et seq. ~'~EFtCLA"), the Superfund <br />Amendments and Reauthorization Act of 1988, Pub. L. No. 99-499 ("SARA"), tlhe Hazardous Materials Transportation Act, 49 U.S.C. <br />Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.Q. Sect~an 6901•, et seq., or. other. applicable state or <br />federal laws, rules, or regulations adapted pursuant thereto. ~---- ~~ - - ~- ~~-• ~•- ----.::;.~.......... , <br />-- - -,__ T - - -_-. - --- --- -- ------------- ------ --..--__.- __.-_. - -. _. ... __ <br />Event of Defauh. The wards "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 />Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration 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 wards <br />"Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous ar 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 ward "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 ar advanced by Lender to discharge Trustar'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 />Dead 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 August 12, 2010, in th® Orlglnal principal amount Of <br />$65,000.00 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 August 30, 2015. <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 af, 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 npw 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 2015 N. BROADWELL AVE, GRAND ISLAND, NE 68803 <br />and any substitute or succe3sor trU3teeS. <br />Trustor. The ward "Trustor" means LARRY W FOWLE. <br />TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND TRUSTOR AGREES TO ITS TERMS. <br />TRUSTOR: <br />X <br />LARRY W FOW <br />