|
Loan No: 101235847
<br />DEED OF TRUST 2 p 10 0 8 4 21
<br />(Continued) Page 8
<br />No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Dsed af Trust unless such waiver is given in
<br />writing and signed by Lender. No delay or omission on the part af Lender in exercising any right shall operate as a waiver of such
<br />right or any other right. A waiver by Lender of a pravisipn of this Deed of Trust shall not prejudice or constitute a wsiver of Lender's
<br />right otherwise to demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by
<br />Lender, nor any course pf dealing between Lender and Trustor, shall consti#ute e weiver of any of Lender's rights or of any af
<br />Trustor's obligatipns as to any future transactions. Whenever the cansent pf Lender is required under this Deed of Trust, the granting
<br />of such consent by Lender in any instance shsll not constitute continuing consent to subsequent instances whare such consent is
<br />required and in all cases such consent may be grented or withheld in the sale discretion of Lender.
<br />Severehility. If a court of competent jurisdiction finds eny provision of this Deed of Trust to be illegal, invalid, ar unenfprceable as to
<br />any circumstance, that finding shall npt meke the offending provision illegal, invalid, or unenforceabls as to eny other circumstance. If
<br />feasible, the offending provisipn shall be considered modified so that it becomes legal, v�lid and enforceable. If the offending
<br />provision cannot be so modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the
<br />illegality, invalidity, or unenforceability of any prpvision of this Deed of Trust shall not affect the legality, validity ar enforceability of
<br />any other provision of this Deed of Trust.
<br />Successors and Assigns. Subject to any limitations stated in this Deed of Trust on trsnsfer of Trustor's interest, this Deed of Trust
<br />shail be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes
<br />vastad in a person other than 7rustnr, Lender, withput notice to Trustor, may deal with Trustor's successors with reference to this
<br />�eed of trust and the Indebtedness by way of forbearance or extension without releasing 7rustor from the obligations of this Deed ot
<br />Trust or liability under the Indebtedness.
<br />Time is of the Essence. Time is of the essence in the performance of this beed of Trust.
<br />Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homastead exemption laws of the
<br />State of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br />DEFINITIONS. 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 raferences to dollar amounts shall mean amnunts in lawful money of the United States of America:
<br />Words and terms used in the singular shall include the plural, and the plurel shall include the singular, as the context may require. Words
<br />and terms not atherwiss defined in this Deed of 7rust shall heve the meanings attributed to such terms in the Uniform Cammercial Code:
<br />8eneficiary. The wprd "Beneficiary" means �ive Points Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means HECTOR A BEFiMUDEZ and includes ell ca-signers and co-makers signing the Note and sll
<br />their successors and assigns.
<br />Deed of Trust. 1"he words °�sed af 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 />Default. The word "Default" means the Default set forth in this Deed of Trust in ths section titled "Default".
<br />Environmental Laws. The words "Environmental Laws" mean any and all stete, federal and local statutes, regulations and ordinances
<br />relating to the prptectinn of human health or the enviranment, including without limitation the Comprehensive Enviranmental
<br />Respnnse, Compensation, and Liability Act of 1980, as amended, 42 U.5.C. 5ection 9601, et seq. ("CERCLA"►, the Superfund
<br />Amendments and Reauthorization Act nf 1986, Pup. L. No. 99-499 ("SAFtA"1, the Wazardous Materials Transportation Act, 49 U.S.C.
<br />5ection 1801, et seq., the Resnurce Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or
<br />federal laws, rules, or regulations adopted pursuant thereto.
<br />Event of Default. 'fhe words "Event ot 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 of Trust.
<br />Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens prnvision of this
<br />Deed nf Trust.
<br />Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including
<br />without limitation a guaranty of all or part of the Note.
<br />Hazerdous Substances. The words "Hazardous Substances" mean materials that, 6ecause of their quantity, concentration pr
<br />physicai, chemical or infectious characteristics, may cause or pose a present or potential hazard to human heslth pr tha environment
<br />when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The wards
<br />"Hazardous Substances" are used in their very broadest sense and include withput limitation any and all hazardous or toxic
<br />substsnces, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also
<br />includes, without limitation, petroleum and petrnleum py-products or any fraction thereof and asbestos.
<br />Improvemants. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on
<br />the Raal Property, facilities, additions, replacements and other construction on the �teal Property.
<br />Indehtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payabla under the Note
<br />pr Related Documents, together with all renewals of, extensions of, madifications of, consolidations nf end substitutions for the Note
<br />or Related Documents and any amounts expended or advanced by Lender to discherge Trustnr's obligations or expenses incurred by
<br />7rustee nr Lender ta enforce Trustor's o6ligations under this Deed of Trust, togather wizh interest on such amounts as provided in this
<br />Deed af 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 8enk, its successors and assigns.
<br />Nete. The word "Note" means the promissory note dated November 1, 2010, Ill thB Orl�ir181 principal a1110Ut1t df
<br />$18,203.64 from Borrower to Lender, together with all renewals of, extensions of, modificetipns of, refinancings of, consolidations
<br />of, and substitutions for tha promissory note or agreement. The maturity date of this Deed of Trust is November 2, 2014.
<br />
|