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<br />�` �� `'` DE�D OF TRUST 2 010 4 9 6� 8
<br />Loan No: 9�1237296 (Continued) Page 8
<br />any person or circumstance, that finding shall not make the offending provision illsgal, invalid, or unenforceable as to any other person
<br />or circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valld and enforceable. If
<br />the offending provision cannot be so madified, it shall be considered deleted from this beed of Trust. Unless otherwise required by
<br />law, the illegality, invalidity, or unenforceability of any provision of this Deed of Trust shaii not affect the legality, validity or
<br />enforceability of any other provision of this Deed of 7rust.
<br />Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor's interest, 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 becames
<br />vested in a person other than Trus#or, Lender, without notice to Trustor, may deal with Trustar's successors with reference to this
<br />Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Trustar from the obligations of this Deed of
<br />7rust or liability under the Indebtedness.
<br />7ime is of the Essence. 7ime is of the essence in the performance of this deed of Trust.
<br />Waiver of Homestead Exemption. Trustar hereby releases and waives all rights and benefits of the hamestead exemption laws of the
<br />5tate of Nebraska as to all Ind�btedness secured by this Deed of 7rust.
<br />pEFINITIpNS. Ths fpllpwing capitalized words and terms shall have the follpwing meanings when used in this Deed of 7rust. Unless
<br />specifically stated to the contrary, all references to doliar amounts shall mean amounts in lawful money of the United States of America.
<br />Words and terms used in the sirrgular shall include th� plural, and the plur�l sha!! include the singular, a:; the cuntext may roquire. Words
<br />and terms not otherwise defined in this Deed of Trust shall hava the meanings attributed to such terms in the Uniform Commercial Cade:
<br />Beneficiary. The ward "Beneficiary" means Five Points 8ank, and its successors and assigns.
<br />Borrower. The word "Borrower" maans LORIN R. DOWNING and KAY J. DOWNING and includes all co-signers and co-makers signing
<br />the Note and all their successors and assigns.
<br />Dsed of Twust. The words "Deed of TrusY' maan this Deed of Trust among Trustor, Lender, and Trustee, and includes without
<br />limitation all assignment and security interest provisions relating to the Persona) Property and Rents.
<br />Default. The word "Default" means the befault set forth in this Deed of Trust in the section titled "Default".
<br />Envirpnmental Laws. The words "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 withouk 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 1"SARA"), the Hazardous Materials Trensportation Act, 49 U.S.C.
<br />5ection 1$01, et seq., the Resvurce 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 "Event of Default" mean any of ths events of default set forth in this Deed of Trust in the svents of
<br />default sectian of this Deed of Trust.
<br />Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens provision of this
<br />peed of Trust.
<br />Guaranty. The wprd "Guaranty" means the guaranty frnm guarantor, endorser, surety, or accommodation party to Lender, including
<br />withaut limitation a guaranty of all or part of the Note.
<br />Hazardous Substances. The words "Hazardous SubstanceS" mean materials that, because of their quantity, cancentration 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. 7he words
<br />"Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or taxic
<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 petrolaum by-products or any fraction thereof and asbestos.
<br />Improvema�ts. the word "Improver�ents" means ell exi�ting and future i°npravements, 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 principal, interest, and other amounts, costs and expenses payable under the Note
<br />or Related Documents, together with all renewals of, extensions of, mpdifications of, consolidations of and substitutions fpr the Note
<br />or Releted Documents and any amounts expended or advanced by Lender to discharge Trustor's obligations or expenses incurred by
<br />Trustee or Lender to enforce 7rustor's obligations under this Deed of Trust, togethar with interest on such amounts as provided in this
<br />Deed of Trust. Specifically, without limitation, Indebtedness includes all amounts that may be indirectly secured by the
<br />Cross-Collateralization prpvision of this Deed of 7rust.
<br />Lender. 7ha word "Lender" means Five Points 8ank, its successors and assigns.
<br />Note. The word "Note" means the promissory note dated December 17, 2010, 111 thB OI'Iglnal prinCip81 amount Of
<br />$7,7'77,024.24 from Trustor to Lender, together with all renewals of, extensions of, modifications of, refinancings of,
<br />consolidations of, and substitutions for the promissory note or agreement. The maturity date of this Deed of 7rust is 12-17-20230.
<br />Personal Property. The wards "Personal Property" mean all equipment, fixtures, and other articles of personal property now or
<br />hereaher owned by Trustor, and now or hereafter attached nr 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 tagather with all proceeds (including withput
<br />limitation all insurance proceeds and refunds of premiums) from any sale or pther 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, interssts and rights, as further described in this Deed of Trust.
<br />Related Pocuments. The words "Related Documents" mean all promissory notes, credit agreements, loan agreemants, environmental
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