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<br />DEED OF TRUST 2 O 10 0 8 6 4 J
<br />Loan No: 90'1235376 (COCItI11Ue(I) Page 4
<br />Notice of 5ale under this Deed of Trust be mailed to them at the addresses set forth in the first paragraph of this Deed of Trust.
<br />Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any pf the terms of this Deed of Trust, Lender shall be
<br />entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any
<br />cnurt action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are
<br />necessary at any time for the protection of its interest or the enforcement of its rights shal) become a part af the Indebtedness payable
<br />on demand and shall bear interest at the Credit Agreement rata from the date af the expenditure until repaid. Expenses covered by
<br />this paragraph include, without limitation, however subject to any limits under applica6le law, Lender's attorneys' fees and Lender's
<br />legal expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts
<br />to modify or vacate any automatic stay or injunctionl, appeals, and any anticipated post-judgment collection sarvices, the cost of
<br />searching recards, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and
<br />fees for the Trustee, to the extent permitted by applicable law. Trustor also will pay any court costs, in addition to all other sums
<br />provided by law.
<br />MISCELLANEOUS PROVISION5. The following miscellaneous provisions are a part of this Deed of Trust:
<br />Governing L�w. This Deed of Trust will be governed by federal law applicable to Lender and, to the extent not preempted by federal
<br />law, the laws of the State of Nebraska without regard to its conflicts of law provisions. This Deed of Trust has been accepted by
<br />Lender in the State of Nebraska.
<br />Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit_to_the jurisdiction_Qf_.the c9urts of_Hall County..
<br />_.._ _ . _._ . _
<br />- State of Nebraska.
<br />Time is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br />W�iver of Hamestead Exemption. 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 />DEFINITIqNS. The following words shall have the following meanings when used in this Deed of Trust:
<br />Beneficiary. The word "Beneficiery" means Five Points Bank, and its successors and assigns.
<br />Borrower. 7he word "6orrower" means ROGER W HUGHES and NELPHA P HUGHES and includes all co-signers and co-makers
<br />signing the Credit Agreement and all their successors and assigns.
<br />Credit Agrsement. The words "Credit Agreement" mean the credit agreement dated November 9, 2010, wlth credit limit Of
<br />$40,000.00 from Trustor to Lender, together with all renewals of, extansions of, mndifications of, refinancings of, consolidations
<br />of, and substitutions for the promissory note or agreement. The maturity date of this Deed of Trust is November 15, 2013.
<br />Deed of 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 prpvisions relating to the Personal Property and Rents.
<br />Environmental Laws. The words "�nvironmental Laws" mean any and all state, federal and local sta[utes, regulations and ordinances
<br />relating to the protection of human health or the environment, including without limitation the Comprehensive Envirpnmental
<br />Response, Compansation, end 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 Hazardpus Materials Transportation Act, 49 U.S.C.
<br />Section 1801, et seq., the Resource Conservation and Recovery Act, A2 U.S.C. Section 6901, et seq., or other applicable state or
<br />federal laws, rules, or regulations adopted pursuent thereto.
<br />Event of Default. The words "Event of Default" mean any of the avents 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 descri6ed in the Existing Liens provision of this
<br />Deed of Trust.
<br />Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on
<br />the Real Property, facilities, additions, replacements and other construction on the Real Property. _ _ __
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<br />Indebtedness. The word "Indebtedness" means all principal, interest, and pther amounts, costs and expenses payable under the
<br />Credit Agreement or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and
<br />substitutions for the Credit Agreement or Related Documents and any amounts expended or advanced by Lender to discharge
<br />Trustor's obligations ar sxpenses incurred by Trustee or Lender to enforce 7rustor's abligatipns under this Deed of Trust, together
<br />with interest on such amounts as provided in this Daed of 7rust.
<br />Lender. The wprd "Lender" means Five Points Bank, its successors and assigns. The words "successors or assigns" mean any
<br />person or company that acquires any interest in the Credit Agreement.
<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 hereaiter 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) frvm any sale or other disposition of the Property.
<br />Property. The word "Property" means collectively the Real Property and the Perspnal Property.
<br />Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Deed of 7rust.
<br />Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental
<br />agreements, guaranties, security agreements, mortgages, daeds af trust, security deeds, collateral mortgages, and all other
<br />instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtadness.
<br />Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived
<br />from the Property.
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