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� � D�ED OF TRUST 2 Q i O O�� 1�
<br />Laan Np: 101235736 (Contlllued) Page 7
<br />shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Prpperty becomes
<br />vested in a person other than Trustor, Lender, without notice to Trustor, may deal wi#h Trustor's successors with reference to this
<br />Deed of Trust and the Indebtedness by way of forbearance or extension withput releasing Trustor from the obligations of this Deed of
<br />Trust or liability under the Indebtedness.
<br />Time is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br />Waiver of Homestead Hxemption. Trustor heraby raleases 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 following words shall hava the follnwing meanings when used in this Deed of Trust:
<br />Beneficiary. The word "Beneficiary" means Five Points Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means HERBERT W H�USEL JR and CHRISTENE D HEUSEL and includes all co-signers snd
<br />cn-makers signing the Note and all their successors and assigns.
<br />Deed qf Trust. The words "Deed of Trust" 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 />Envfrenrnental �sws. The .words "Environmental I.aws" 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., tha Resource Conservation and Recovery Act, 42 U.S.C. 5ection 6901, et seq., or other applicable state or
<br />federal laws, rules, or regulations adopted pursuant thereto.
<br />Event of Default. The words "Event of Default" mean any of the events of default set forth in this Deed of Yrust in the events of
<br />default section of this Deed of Trust.
<br />Hazardous Su6stances. The words "Hazardaus Substances" mean materials that, because of their quantity, concentration or
<br />physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or 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 5ubstances" also
<br />includes, withqut limitatipn, petroleum and petroleum by-products or any fraction thereof and asbestos.
<br />Improvements. The wqrd "Improvements" means all existing and future improvements, buildings, structures, mobile hames affixed on
<br />the Real Property, facilities, additions, replacements and other construction on the Real Prnperty.
<br />Indebtadness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note
<br />pr Related Documents, together with all renewals of, extensions of, modifications of, consolidativns of and substitutions for the Note
<br />or Related Documents and any amounts expended pr advanced by Lender ta discharge Trustor's obiigations or 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 ofi Trust.
<br />Lender. Tha word "Lender" means Five Points Bank, its successors and assigns. The words "successors or assigns" mean any
<br />parson or company that acquires any interest in the Note.
<br />Note. The ward "Npte" means the promissory note dated October 13, 2010, In the orlglllal pl'InClpal amount of
<br />$$r'J,OOO.QO from Trustor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations
<br />of, and substitutions for the promissory note or agreement. The maturity dete of this Deed of Trust is October 15, 2015.
<br />Personal Property. The words "Personsl Praperty" mean all equipment, fixtures, and other articies of personal property now pr
<br />hereafter owned by Trustar, 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 sale or other disposition of the Property.
<br />Property. The word "Property" means collectively the Real Property and the Personal Property.
<br />Real Prvparty. The words "Real Property" mean the real property, interests and rights, as further described in this peed of Trust.
<br />Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental
<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 />Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, prafits, and other benefits derived
<br />from the Property.
<br />Trustee. The word "Trustee" means Five Points Bank, whose address is P.0 Box 1507, Grand Island, NE 68802-1507 and any
<br />substitute or successor trustees.
<br />Trustor. The word "7rustor" means HERBERT W HEUSEL JR and CHRISTENE D HEUSEL.
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