Laserfiche WebLink
DEED QF TRUST <br />Loan No: 1 p123734a � (Continued) 2� i� O 9��� Page 8 <br />shall be binding upon and inure to the benefit af the parties, their successors and assigns. If ownership of the Prnperty becomes <br />vested in a person other than Trustor, Lender, without notice to Trustor, may deal with Trustor's successors with rsference to this <br />Deed of 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 Indebtedness. <br />Time is of the �ssence. Time is of the essence in the perfprmance of #his Deed pf Trust. <br />Waiver of Homestead Exemption. 7rustar hereby releases and waives all rights and b8nefits pf the hOmesta&d exemption laws of the <br />Steta of Nabreska as tq all Indebtedness secured 6y this Deed of Trust. <br />DEFINITI�NS. The fallowing capitalized words and terms shall have tha follpwing meenings when wsed in this Deed of Trust. Unless <br />specifically stated ta the cantrary, ell references to dollar amounts shall mean amounts in lawful money of the United States of America: <br />Wnrds and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words <br />and terms not otherwise defined in this Deed of 7rust shall have the meanings attributed to such terms in the Uniform Commercial Code: <br />Beneficiary. The ward "Beneficiary" means Flve Points Bank, and its successors and assigns. <br />Borrower. the word "Borrower" means 1"RI-CITIES GROUf' INC, THOMAS URBAN and GENE A SCHACHER and includes all <br />co-signers and co-makers signing the Note snd all thair succassors and assigns. <br />Deed of 1"rust. 1'he words "Deed of 7rust" mean this Deed of Trust emong Trustor, Lender, end 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 pefault set forth in this Deed of 7rust in the section titled "Default". <br />Environmental Laws. The wards "Environmental Laws" 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 l.iability Act af 1980, es amanded, 42 U.S.C. Section 96Q1, et saq. ("CERCLA"►, tha Superfund <br />Amendments and Reauthorization Act of 1986, Pub. L. Nn. 99-499 ("SARA"), the Hazardaus Materials Transpprtation Act, 49 U.S.C. <br />Section 1801, et ssq., the Resource Conservation end 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 "Event of Default" mean any of the events of default set forth in this Deed of 7rust in the events of <br />default section of this Deed of 7rust. <br />Guarsn#y. The ward "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including <br />withnut limitatipn a guaranty af all pr part of the Note. <br />Hazardous Substances. Tha wprds "Hazardpus Substences" mean materials that, 6ecause of their quantity, concentration or <br />physical, chemical or infectious characteristics, may ceuse 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 detined by or listed under the Environmental Laws. The term "Hazsrdous Substsnces" also <br />includes, without limitation, petroleum and petrpleum by-products or any fractipn thereof and asbestos. <br />Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on <br />the Real Property, facilities, additipns, replacements and other construction on the Real Property. <br />Indebtedness. The word "Indebtedness" meens all principal, interest, and other amounts, costs and expenses payable under the Note <br />or Related Documents, together with ell renewals of, extensions of, modifications of, consolidations of and substitutions for the Note <br />ar Related Documents and any amounts expended or advanced by Lender to discharge 7rustor's obligations or expenses incurred by <br />Trustee or Lender to enforce Trustor's obligations under this Deed af Trust, tngethar with interest on such ampunts as provided in this <br />Deed of Trust. <br />Lender. The word "Lender" meens Five Points Bank, its successprs and assigns. <br />Note. The word "Note" means the promissory note datad Dacember 17, 2010, in the �rigin�l principal artlburl# nf <br />$2d�,�4�.5� from Borrower to Lender, together with all renewals of, extensipns of, modifications af, refinancings of, <br />cansolidations of, and substitutions for the promissory note or agreement. <br />Persongl Prpparty. The words "Personal Property" mean all equipment, fixtures, and other articles nf personal property now nr <br />hereafter owned by Trustor, and now or hereafter attached or affixed #o 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) fram 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 Praperty" mean the real property, interests and rights, as further described in this Deed of 1'rust. <br />Related Documents. 7he words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental <br />agreements, gueranties, security agreements, mortgages, deeds of trust, security deeds, colleteral martgages, and all nther <br />instruments, agreements and documents, whether now or heresfter existing, executed in connaction with the Indebtedness. <br />Rents. The word "Rents" means all present and futura rents, revenues, income, issues, royalties, profits, and other benefits derived <br />from the Property. <br />trustee. 1'he word "Trustee" means FIVE POINTS BANK, whose address is PA BOX 1507, GRAND 15LAND , NE 68802-1507 and <br />any substitute ar successor trustees. <br />Trustor. The wprd "Trus#or" means GETO, LLC; THOMAS URBAN; and GENE A SCHACHER. <br />