|
- DEED O� TRUST � � � Q Q � � � �
<br />Loan No: 101234731 (Cotltlnued) Page 8
<br />Successors and Assigns. Subject to any limitations statad in this Deed of Trust on transfer of Trustor's interest, this Deed af Trust
<br />shall be binding upon and inure to the 6enefit of the parties, their successors and assigns. If pwnership pf the Property becomes
<br />vested in s person pther than Trustor, 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 fvrbearence or extension without releasing Trustor from the obligations of this baed pf
<br />Trust or liability under the Indebtedness.
<br />Time is of the Essence. Time is of the essenca in the performance of this Deed of Trust.
<br />Waiver of Homestead Exemption. Trustor hsra6y releases and waives all rights and benefits of the homestead exemption lews of the
<br />State of Nebraska as ta all Indebtedness secured by this Deed of Trust.
<br />�EFINITIONS. 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 dallar amounts shall mean ampunts 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 Code:
<br />Beneficiary. The word "Beneficiary" me�ns Five Points Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means SHIRLEY J SCHIENO and includes all co-signers and co-makers signing #he Note and all their
<br />successors and assigns.
<br />Deed of Trust. 7he words "Daed af Trust" mean this beed of Trust among Trustar, Lender, and Trustee, and includes without
<br />limitation all assignment and sacurity interest provisions relating to the Personal Property and Rents.
<br />Default. The word "Default" means the Default set forth in this Deed of 7rust in the section titled "Default".
<br />Environmental Laws. The words "Envirpnmental Laws" mean any and all state, fedaral and locel statutes, regulations and ordinances
<br />relating to the protection of human health or the enuironment, including without limitation the Comprehensive Environmental
<br />Response, Cnmpensetion, and Liability Act of 198p, as amended, 42 U.S.G Section 9601, et seq. ("C�RCLA"), the Superfund
<br />Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transpprtation Act, 49 U.S.C.
<br />Section 1801, et seq., the Resource Conservetion and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or
<br />federal laws, rules, or reguletipns edopted pursuant thereto.
<br />Event of Default. The words "Event of Default" mean any of the events of detault set forth in this Deed of Trust in the events of
<br />defeult section of this Deed of Trust.
<br />Existing Indabtednass. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens provision of this
<br />Deed of Trust.
<br />Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, nr acnommodetion party to Lender, including
<br />without limitation a guaranty of all pr part of the Note.
<br />Hazardous Substances. The words "Hazardous Substances" mean materiels that, because of their quantity, concentration or
<br />physical, chemical qr infectious characteristics, may causa or pose a present or potential hazard to humen heelth or the environment
<br />when improperly used, treated, stored, dispnsed of, generated, manufactured, transported nr 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 was#e as defined by or listed under tha Environmental Laws. The term "Hazardous Substances" elso
<br />includes, withnut limitetion, petroleum and petroleum by-products or any fraction thereof and asbestos.
<br />Improvements. The ward "Improvements" means all existing and futura improvements, buildings, structures, mobile homes affixed an
<br />the Real Property, facilities, additions, replacements and ather construction on the Real Property.
<br />Indebtedness. The word "Indebtedness" means sll principal, interest, and other amounts, costs and expanses payable under the Note
<br />pr Related Documents, together with all renewals of, extensions of, modifications of, consolidatipns of and su6stitutions for the Note
<br />or Related Documents and eny amaunts expended or aduanced by Lender tn discharge Trustor's obligations or expenses incurred by
<br />7rustee or Lender to enfprce 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 />of this Deed of Trust, together with all interest thereon.
<br />Lender. The word "Lender" means Five Points Bank, its successors and assigns.
<br />Note. The word "Note" maens the promissory note dated October 12, 2p10, ir1 thA OI'Iglllal pr111Clpal a17'10Uf1t Of
<br />$�5,410.50 from Trustor to Lender, together with all renewals of, extensions of, modifications af, refinancings of, consolidations
<br />of, and subati#utions for the promissory note or agreement. The maturity date of this Deed of Trust is October 12, 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 />gdditions to, all replacements of, and all substitutians for, any of such property; and together with all procaads (including without
<br />iimitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property.
<br />Property. The word "Property" means cnllectively the Real Property and the Personal Property.
<br />Real Praperty. The words "Real F'roperty" mean the real property, interests and rights, as further described in this Deed of Trust.
<br />Related Documents. The words "Fielated Documents" mean all promissory notes, credit agraaments, Inan agreements, environmental
<br />agreements, guaranties, security agreements, mortgages, deeds vf trust, security deeds, collateral mortgages, and all nther
<br />instruments, agreements and documents, whether now nr hereafter existing, executed in connection with the Indebtedness.
<br />Rents. 7he word "Ren#s" 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 Ppin#s Bank, whose address is P.0 Box 1507, Gr�nd Island, NE 68802-1507 and any
<br />
|