|
� DEED OF TRUST
<br />Loan No: 1012S49fi8 � 0�. Q(� r 4�/ (Continued) Page 4
<br />decision by Lender will not affect Lender's right to declare Trustor in default and ta exercise Lender's remedies.
<br />Request for Notice. 7rustor, on behalf of 7rustor and Lender, hereby requests that a copy of any Notice of Default and a copy of any
<br />Notice of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first paragraph of this Deed of Trust.
<br />Attorneys' Fees; Expenses. If Lender institutes any suit or ection to enforce any of the terms of this Deed of T'rust, Lender shall be
<br />entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any
<br />court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are
<br />necessary at any time for the protection of its interest ar the enforcement of its rights shall become a part of the Indebtedness payable
<br />on demand and shall bear interest at the Credit Agreement rate from the date of the expenditure until repaid. Expenses covered by
<br />this paragraph include, without limitation, however subject to any limits under applica6le law, Lender's attorneys' fees and Lender's
<br />legal expenses, whether or not there is a lawsuit, including attorneys" fees and expenses for bankruptcy proceedings (including efforts
<br />to modify or vacate any automatic stay pr injunction�, appeals, and any anticipated post-judgment collection services, the cost of
<br />searching records, obtaining title reports (including foreclosure reports►, surveyors' reports, and appraisal fees, title insurance, and
<br />fees for the Trustee, to the extent permitted by applicable law. Trustor also will pay any court costs, in addition to all othsr sums
<br />provided by law.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />Governing Law. This Deed of Trust will be governed by feder�l law applicsble to Lender and, to the extent not praempted by federal
<br />law, the laws of the State of Nebraska without regard to its conflicts of law provisions. Thi� Dead of Truat haa been accepted by
<br />Lender in the State of Nebraska.
<br />Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the courts of Hall County,
<br />State of Nebraska.
<br />Time is bf #he Essence. Time is af the essence in the performance of this Deed of Trust.
<br />Waiver of Nomestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead exemption laws of the
<br />State of Nebreska as to all Inde6tedness secured by this Deed of Trust.
<br />DEFINITIpNS. The following words shall have the following meanings when used in this Deed of 7rust:
<br />Beneficiary. The word "Beneficiary" means Five Points Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means CHARLES D B05SELMAN JR and LAURA L BOSSELMAN and includes all co-signers and
<br />ca-makers signing the Credit Agreement and all their successors and assigns.
<br />Credit Agreement. The words "Credit Agreement" mean the credit agreement dated September 23, 2010, with credit limit of
<br />$40,000.00 from Trustor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations
<br />vf, and substitutions for the promissory note or agreement. The maturity date of this Deed of Trust is September 28, 201 1.
<br />Deed of Trust. 7he words "Deed af TrusY' 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 L�ws. The words "Environmental Laws" mean any and all state, federal and local statutes, ragulati0ns 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"1, the Superfund
<br />Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"1, the Hazardous Materials Transportation Act, 49 U.S.C.
<br />Section 1801, et seq., the Resource Conservation and Recovery Act, 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. 7he words "Event of qefault" mean any of the events of default set forth in this beed of Trust in the evants af
<br />default sectinn nf this Deed af Trust.
<br />Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens provisivn Of this
<br />Deed of Trust. _ _
<br />Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on
<br />the Fieal 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
<br />Credit Agreement or Related Documents, together with all renewals of, extensions of, modifications pf, consplidations of and
<br />substitutions for the Credit Agreement or Related Documents and any amounts expended or advanced by Lender to discharge
<br />Trustor's obligations or expenses incurred by Trustee or Lender to enforce Trustor's obligations under this Deed of Trust, together
<br />with interest on such amounts as provided in this Deed of Trust.
<br />Lender. The word "Lender" means Five Points Bank, its successors and assigns. The words "successors or assigns" maan any
<br />person or company that acquires any interest in the Credit Agreemant.
<br />Parsan�l PrOperty. 7he words "Personal Property" mean all equipment, fixtures, and other artiCles nf personal property now or
<br />hereafter owned by Trustor, and now or hereafter attached or aftixed to the Real Property; together with all accessions, parts, and
<br />additions to, all replacements of, and all substitutions tor, any of such property; and together with all proceeds (including without
<br />limitatipn all insurance procaeds and refunds of premiums) from any sale or othar disppsitipn pf #he Prpperty.
<br />Property. The word "Property" means collectively the Real Property and the Personal PrOparty.
<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, envirpnmental
<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 />
|