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<br />DEED OF TRUST
<br />Loan No: 901233825 � Q i�O "� 4 Q � (Continued) ; Page 7
<br />Choice pf Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the courts of Hati County,
<br />State of Nebraska.
<br />Joint and Several Liability. Ail obligations of Trustor under this Deed of Trust shall be joint and several, and all references to Trustor
<br />shall mean each �nd every Trustor. This means that each Trustor signing below is responsible for all obligations in this Deed of 7rust.
<br />No Waiver by Lender. Trustor understands Lender wiil not give up any of Lender's rights under this Deed of Trust unless Lender does
<br />so in writing. The fact that Lender delays or omits to exercise any right will not mean that Lender has given up that right. If Lender
<br />daes agree in writing to give up one of Lender's rights, that does not mean 7rustor will not have to comply with the other provisions
<br />pf this Deed of Trust. Trustor also understands that if l.ender does consent to a request, that does not mean that Trustor will nat
<br />have to get Lender's consent again if the situation happens again. Trustor furthar understands that just 6ecause Lender consents to
<br />one or more of Trustor's requests, that does not mean Lender will be required tp cpnsent to any of Trustor's future requests. Trustor
<br />waives presentment, demand for payment, protest, and notice of dishonor.
<br />Severability. If a court finds that any provision of this Deed of Trust is not valid or shpuld not be enforced, that fact by itself will npi
<br />mean that the rest of this Deed of Trust will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this
<br />Deed of Trust svan if a provision of this Deed of Trust may be found to be invalid or unenforceable.
<br />Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor'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 pf the Property becnmes
<br />vested in a person other than Trustor, Lender, withput nptice to Trustor, may deal with Trustor's successors with reference to this
<br />�eed of Tru�t and the inde6tedness 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 tha Essence. Time is of the essence in the performance of this Deed of Trust.
<br />Waiver of Homastead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead exemption Iaws of the
<br />State of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br />DEFINITIONS. The following words shall have tMe following meanings when used in this Deed of Trust:
<br />Beneficiary. The word "Beneficiary" means Five Points Bank, and its successors and assigns.
<br />Borrpwar. The word "Borrower" means MATTHEW G MCNAMARA and MICHELLE L MCNAMARA and includes all co-signers and
<br />ca-makers signing the Note and all their successors and assigns.
<br />Dead pf Trust. The words "Deed of Trust" mean this �eed 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 />Envirpnmental 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 Superfund
<br />Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), 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 applica6le state or
<br />fader�l Iaws, rules, or regulations adopted pursuant thereto.
<br />Event of pefault. The words "Event of Default" mean any ot the events of default set forth in this Deed of Trust in the events of
<br />default seckion pf this Deed of Trust.
<br />Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens provision of this
<br />Deed of Trust.
<br />Hazardous 5ubstances. The words "Haz�rdaus Substances" mean materials that, because af their quantity, concentration or
<br />physical, chemical or infectious characteristics, may cause or pqse a present or pptential hazard tp human health pr the environment
<br />when improperly 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 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 limit�tion, petrqieum and petroleum by-products or any fraction thereof and asbestos,
<br />Improvements. The word "Imprpvements" means all existing and future improvemants, buildings, s#ructures, mobile hames 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 renawals pf, axtensions of, modifications of, cansalidations of and substitutions for the Note
<br />or Relsted �ocuments and any amounts expended or advanced by Lender to discharge Trustor's obligations or expensas inourrad k�y
<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.
<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. Tne wora ° Note " mea�s tne promissory �ote datea octobe� a, 20io, in the original principal amount of
<br />$ 9 9,000.00 from Trustor to Lender, tagether with all renewals of, extensions of, modifications of, refinancings of, consolidations
<br />of, and substitutipns for the promissory note or agreement. The maturity date of this Deed of Trust is October 15, 2015.
<br />Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or
<br />herasfter pwned by Trustor, and now or hereafter attached or affixad to the Raal Property; together with sll 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.
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