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L�an No: 122210 . �'' �. D � Con�t nuedlST � 010 U 7 S 9 2 Page 6 <br />Deed af Trust svsn if a provision af this Deed of Trust may be found tn be invalid or unenforceable. <br />Succesaors �nd Assigns. Subject to any limitatinna steted 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 of the Property becomes <br />vested in a person other than Trustor, Lender, without notice to trustor, may deal with Trustor's successors with reference to this <br />Deed af 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 Inde6tedness. <br />Time is of the Essence. Time is of the essence in the performance of this Deed of Trust. <br />Waiver of Homestead Exemptlon. Trustor hereby releases and waives all rights and benefits of the homestead exemptinn laws of the <br />5tate of Nebraska as to all Indebtedness secured by this Deed of Trust. <br />D�FIN1710NS. The following words shall have the following meanings when used in this Deed of Trust: <br />Beneficiary. 1'he word "8eneficiary" means Cornerstone Bank, and its successors and assigns, <br />Borrpwer. The word "8orrower" means Brian J Caspar and Kristin N Caspa� and includes all co-signers and co-makers signing the <br />Note and all their successors and assigns. <br />Daed of Truat. The wards "Deed of Trust" mean this Deed of Trust emong Trustor, Lendsr, snd Trustee, end 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 atatutes, regulations and ordinances <br />relating to the protection of human health or the enviranment, including withaut limitation the Comprehensive Environmental <br />Resppnse, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9801, et seq. 1"CERCLA"1, the Superfund <br />Amendments and Reauthorization Act of 1986, Pub. L Nn. 99-499 ("SARA"), the Hazsrdous Materials Transportation Act, 49 U.S.C. <br />Section 1801, et seq., the Resource Conservation and Fecovery Act, 42 U.S.C. Section 6901, et seq., or other applicable stete or <br />federal laws, rules, or regulatians adopted pursuant thereto. <br />Event of Default. 7he words "Event of Default" mean any af the events of default set forth in this Deed of Trust in the events of <br />default section of this Desd af Trust. <br />Gueranty. The word "Gusranty" means the gueranty from guarantor, endorser, surety, or accommodation party to Lender, including <br />without limitation a guaranty of all or part of the Note. <br />Hazardous Substances. The words "Hazardous Substances" mean materials that, beceuse nf thair qusntity, concentration or <br />physicel, chemical pr infectious characteristics, may cause or pose a present or potential hazard to human health or the environment <br />when improperly ussd, treatsd, stored, dispnsed of, generated, manufactured, transported or otherwise handled. The words <br />"Hazardous Substances" are used in their very broadest sense and include withaut limitetian any and ell hazardous or toxic <br />substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous SuBstances" also <br />includes, withaut limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. <br />Improvaments. The word "Imprnvements" means all existing and future improvements, buildings, structures, mobile homes affixed on <br />the Real Property, fscilities, edditions, replaoements 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 Releted Documants, togethsr with sll renewels 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 pr 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 />Deed qf Trust. Specifically, without limitation, Indebtedness includes the future advances set forth in the Future Advances provision <br />of this Deed of Trust, together with �II intpre�t thereon. ' <br />Lender. The word "Lender" means Cornerstone gank, its successors and assigns. The words "successors or assigns" mean any <br />person or company that acquires any interest in the Note. <br />Mote. 7he word "Note" means the promissory note dated October 8, 2010, 111 the OI'Ig117a1 principal amaunt Of <br />$278,5QQ.QQ from Trustor ta Lender, together with all renewals of, extensians of, modifications of, refinancings of, consolidations <br />of, and substitutions fqr the prnmissory note or egr�emant. The meturity date of this Deed of Trust is pctnber 8, 201 1. <br />Persenal Property. Tha wnrds "Persnnal Praperty" mean all equipment, fixtures, end other articles of persanal prnperty nqw pr <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 tagether with all proceeds (including without <br />limitatidn all insurance proCaeds and refunds of pr9miums) from any sela br o#hsr dispositian of the Prop�r#y. <br />Property. The word "Property" means collectively the Real Property and the Personal Property. <br />Reel Prop�rty. The words "Resl Property" ma�n the regl propgrty, intarests snd rights, as further desCribed in this Deed nf Trust. <br />I�elated Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental <br />egraamen#s, guaranties, seaurity agreements, martgages, deeds nf trust, security deads, collaterel mortgages, and all other <br />instruments, agreements and documents, whether now 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 CORNERS70N� BANK, whose address is 529 LINCOLN AVENUE, YOFiK, NE 68467 and any <br />substitute or successor trustees. <br />Trustor. The word "7rustor" means Brian J Caspar snd Kristin N Csspar. <br />THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE �NFORCEQ BY TH� <br />PARTIES. <br />EACW TRUSTqR ACKNQWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH TRUSTOR AGREES 1'0 <br />ITS TERMS. <br />tRUSTOR: <br />� <br />X <br />B n J Caspar <br />�-� <br />X ��� <br />risti 8sp8r <br />