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,� <br />Laan Nn: 12229U <br />. DEE�D OF TRUST � i o 0 7s g i �� <br />(Continued) � ge s <br />No Waiver by Lender. Trustor understands Lender will not give up any of Lender's rights under this Deed of 7rust unless Lender does <br />so in writing. 7he fact that Lender delays or omits to exercise any right will not mean that Lender has given up that right. If Lender <br />dpes agree in writing to give up one of Lender's rights, that does not mean Trustor will not have to comply with the other provisians <br />of this Deed of Trust. Trustor also understands that if Lender doss consent to a requast, that does not mean that Trustor will not <br />have to get Lender's consent again if the situation happens again. Trustor further understands that just because Lender consents to <br />ane or more af 7rustor's requests, that does not mean Lender will be required to consent to any of Trustor's future requests. Trustor <br />waives presentment, demand for payment, protest, and notice pf dishonpr. <br />Severnbility. If e court finds that any pravision af this Dged pf Trust is not valid or should not be enforced, that fact by itself will not <br />mean that the rest of this Deed of Trust will not be valid or enforced. Therefpre, a court will enforce the rest of the provisions ot this <br />Deed of Trust even if a provision of this Deed of Trust may be found to be invalid or unenforceable. <br />Successors and Assigns. 5ubject to any limitations stated in this Deed of Trust an transfer of Trustor's interest, this Deed af Trust <br />shall be binding upon and inure tp the benefit of tha parties, their successors and assigns. If ownership of the Property 6ecomes <br />vested in a person other then Trustor, Lender, withaut notice to Trustor, may daal with Trustor's successors with reference to this <br />Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Trustor from the pbligations of this Deed of <br />Trust or liability under the Indebtednesa. <br />7ime 1s of the Essence. 7ime is of the essence in the performance of this �eed of Trust. <br />Waivar ef Homesteed Exemptian. 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 Deed of Trust. <br />DEFINITIONS. The fpllowing words shall heve the following meanings when u5ed in this Deed of Trust: <br />Baneficiary. The wnrd "8eneficiary" meana Cprnerstone 8ank, and its successors and assigns. <br />Borrower. 7he word "Borrower" means Brian J Caspar and Kristin N Caspar and includes all co-signers and co-makers signing the <br />Note and all their successnrs and assigns. <br />Daad of Trust. The words "Deed of Trust" maan this beed of Trust among 7rustor, Lender, and Trustee, and includes without <br />limitation all assignment and security interest provisions relating to the Personal Property and Rents. <br />�nvironmental Laws. The words "Environmental Laws" mean any and all state, federel and Incal statutss, regulations and ardinances <br />releting to the protection of human health or the environment, including without limitation the Comprehensive Environmental <br />Response, Compensation, snd Lisbility Act af 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"1, the Superfund <br />Amendments and Reauthorization Act of 19$6, Pub. L. No. 99-499 ("SARA"►, the Hazardous Materials Transpprtation Act, 49 U.S.C. <br />5ection 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other appliceble atete or <br />federal laws, rulss, or regulatinns sdnptad pursusnt #herato. <br />Evant of Default. The words "�vent 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 ot Trust. <br />Existing Indebtedness. 7he words "Existing Indebtedness" mean the indebtedness described in the Existing Liens provision of this <br />Deed of Trust. <br />Guarsnty. The wqrd "Guaranty" means the gwaran#y from guarantor, endorser, surety, or accommodation party to Lender, including <br />without limitation a guaranty of all or part of the Note. <br />Hazardous Su6stences. The words "Hazardous Substences" mean materials that, because of their quantity, concentration or <br />physical, chemical or infectiaus characteristics, may cause or pose a present or potential hazard to human health ar the environment <br />when improparly used, treatad, atored, dis�5ased pf, gensrated, manufacturad� transported or otherevise handlsd. 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 limitetion, petroleum and petroleum by-products or any fraction thereof and asbestos. <br />Imprpvaments. The word "Imprpvements" means ell existing end futura improvements, buildings, structuras, mpbile homes effixed on <br />the Real Property, facilities, additions, replacements and other construction on the Real Property. <br />Indebtedness. The word "Indebtedness" me9n& 811 principsl, interss#, and ath9r pmqun#s, Cnsts &nd expeng9s pgy8t�l8 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 />?rustee or Lender to enforce Trustor's pbligatipna und8r this Deed of Trust, tagether with intarest an suCh emounts as providad in this <br />Deed of Trust. <br />Lender. The word "Lender" means Cornerstone Bank, its successors and assigns. The words "successars or assigns" mean any <br />person or campany that acquires any interest in the Nnte. <br />Note. The word "Note" means the promissory note dated October 8, 2010, IIl th@ OI'191f1a1 pt'111CIpal a11'1OU11t Of <br />$27$,5��.0� from 7rustor to Lender, together with all renewals of, extensions of, modificatinns of, refinancings of, consolidations <br />af, end substitutiqns for the promissary nnte or agreement. <br />Parsonal Proqarty. The wprds "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 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 sele or othsr dispnsitipn af the Prnperty. <br />Property. The word "Praperty" 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 wards "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental <br />agreements, guaranties, security agreements, mortgages, dseds of trus#, security deeds, collateral mnrtgagas, and all other <br />instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness, <br />Rants. 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 "7rustee" means CORNERSTONE BANK, whose eddress is 529 LINCOLN AVENUE, YORK, NE 68467 end any <br />su6stitute or successor trustees. <br />Truster. The word "Trustor" means 8rian J Caspar and Kristin N Caspar. <br />