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Laan No: 109237�98
<br />DEED OF TRUST n nn
<br />(Continued) � v 1 v v���� Page 7
<br />nf this Deed af Trust. Trustor alsn understands that if Lender does consent to a request, 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 />pne ar mpre of Trustor's r�quests, that does np# mean Lender will be required to consent to any of 7rustor's future requests. Trustor
<br />waives presentment, demand for payment, protest, and notice of dishpnpr.
<br />Severability. If a court finds that any provision of this Deed of Trust is not valid or should not be enforced, that tact by itself will not
<br />mean that the rest ot this Deed of Trust will not 6e valid or enfprced. Therefore, a court will enforce the rest of the provisions of 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. Subject to any limitations stated in this Deed of Trust pn transfer of Trustor's in#erest, 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 of Trust and the Inde6tedness 6y way of forbearance or extensipn 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 pf the essence in the performance of this Deed of Trust.
<br />Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead exemption laws nf the
<br />State of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br />DHFINITIONS, The following words shall have the following meanings when used in this Daed of Trust;_
<br />BeneTiciary. 7he word "Beneficiary" means Five Points Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means ERNEST R WILLIAMS and includes all co-signers and co-makers signing the Note and all their
<br />successors and assigns.
<br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and includes withput
<br />limitetion all sssignment and security interest provisions relating to the Personal Property and Rents.
<br />Environmental Laws. The words "Environmental Laws" mean any and ali state, federal and local statutes, regulations end ardinances
<br />relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental
<br />Respanse, Compensation, and Liability Act af 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"►, the Superfund
<br />Amendments and Reauthorizatipn Act of 19$6, Pub. L. No. 99-499 ("SARA"), the Wazardous Materiais 7ransportation Act, 49 U.S.C.
<br />Section 1801, et seq., the Resource 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. The words "Ewent of Default" mean any of the even#s af default set fprth in this Deed of Trust in the events of
<br />default section of this peed of Trust.
<br />Hazardous Subatances. The words "Hazardous Substances" mean materials that, because of their quantity, concantration vr
<br />physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment
<br />when imprpperly used, treated, stored, disposed of, generatad, 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 Substances" also
<br />includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos.
<br />Improvements. The word "Improvements" means all existing and future imprqvaments, buildings, structures, mobile homes affixed on
<br />the Real Property, facilities, additions, replacements and other construction on the Real Property.
<br />Indebtedness. The word "Indebtedness" means all principsl, interest, and other amounts, costs and expenses payable under the Note
<br />or Related Documents, together with all renewals of, extensions of, modificatipns of, consolidatinns af and substitutions for the Note
<br />or Related Documents and any amounts expended or advanced by Lender to discharge Trustor's pbligatipns nr expenses incurred by
<br />Trustee ar Lender tn enforce Trustor's pbligations under this Deed of Trust, together with interest on such amounts as provided in this
<br />❑eed of Trust.
<br />Lender. The word "Lender" means Five Points Bank, its successors and assigns. The wprds "successors or assigns" mean any
<br />person or company that acquires any interest in the Note.
<br />Note. The word "Note" means the promissory note dated December 17, 2010, irl #h8 original principal amount Of
<br />$ 9�,g50.5$ from Borrower to Lender, together with all renewals ot, extensions of, modifications of, refinancings pf, consolidations
<br />pf, and substitutions for the promissory note or agreement. The maturity date of this peed of Trust is December 17, 2015.
<br />Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of perspnal prpperty 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 procaeds 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 Property. The words "Real Property" mean the real property, interests and rights, as further described in this Deed of Trust.
<br />Related Documerrts. The words "Related Documents" mean all promissary nntes, credit agreements, loan sgreements, environmental
<br />agraements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other
<br />instruments, agreements and documents, whether npw or hereaffer 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 />trom 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.
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