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DEED OF TRUST Z 01 U� 9 6� 9 Page 7
<br />Loan No: 1Q1237Q$9 (Cantinued)
<br />one or more of Trustor's requests, that does nnt mean Lender will be required to consent to any of Trustor's future requests. Trustor
<br />waives presentment, demand for payment, protest, and notice of dishonor.
<br />Severability. If a court finds that any prqvisipn of this Deed of 7rust is not valid or should not be enforced, that fact by itself will not
<br />mean that the rest of this Deed of Trust will not be valid or enforced. 7herafore, s court will enforca tha rast of the provisions of this
<br />beed of Trust even if a provision ot this Deed of Trust may be found to 6e invelid or unenforceable.
<br />Successors and Assigns. 5ubject to any limitations stated in this deed of Trust on transfer of Trustor's interest, this beed of Trust
<br />shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property 6ecomes
<br />vested in a person other than Trustor, Lender, without notice to Trustor, may deal with Trustor's successors with reference ta 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 Inde6tedness.
<br />Time is of the Essence. Time is af the essence in tha 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 of the
<br />5tate of Nebraska as to all Indebtedness secured by this I�eed of Trust.
<br />bEFINIT10NS. The following words shall have the tollowing meanings when used in this deed of Trust:
<br />Beneficiary. The word "Beneficiary" means Five Points Bank, and its successvrs and assigns.
<br />Borrower. The word "Borrower" means JOHN C NIEpFEL7 and JACKIE L NIEDFELT and includes all co-signers and co-makers signing
<br />the Note and all their successors and assigns.
<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 provisions relating to the Personal Property and Rents.
<br />Environmental Laws. The words "�nvironmental Laws" mean any and all state, federal and Incal statutes, regulations and ordinances
<br />relating to the pratection of human health or the environment, including without limitation the Comprehensive Environmental
<br />Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. 5ection 9601, et seq. ("CERCLA"), the Superfund
<br />Amendments and Reauthorization Act of 19$B, Pub. L. No. 99-499 ("SARA"1, the Mazardous Materials Transportation Act, 49 U.S.C.
<br />Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. 5ection 6901, et seq., or other applicable state or
<br />federal laws, rules, or regulations adopted pursuant thereto.
<br />Event of Dafault. The words "Event of pefault" mean any of the events of default set forth in this Deed of Trust in the events of
<br />default section of #his Deed qf Trust.
<br />Hazardous 5ubstances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or
<br />physical, chamical or infectious characteristics, may cause or pose a present or pqtential h�zard tp human health or the environment
<br />when improperly used, treated, stored, disposed of, generated, manufactured, transported or ptherwise handled. The words
<br />"Hazardous Substances" are used in their very broadest sense and include without limitation any ancl all hazardous or toxic
<br />substances, materials or waste as defined by or listed under the Environmental Laws, The term "Mazardous Substances" also
<br />includes, without limitation, petroleum and petroleum by-prvducts or any fraction thereof and asbestos.
<br />Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mo6ile homes affixed on
<br />the Real Property, facilities, additions, replacements and other construction on the Real Property.
<br />Indehtedness. The word "Indebtedness" means all principal, interest, end other amounts, costs and expenses payable under the Note
<br />or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note
<br />or Related Documents and any amounts expended or advanced by Lender to discharge Trustor's o6ligations pr expenses incurred by
<br />Trustee or Lender to entorce Trustor's o6ligations under this Deed of Trust, together with interest on such amounts as provided in this
<br />Deed of 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 Bank, its successors and assigns. The words "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 16, 2010, Irl thB original principal aIYlOUl7t Of
<br />$19Q,$$1.74 from Trustor to Lender, together with all renewals of, extensians of, modifications of, refinancings of, consolidations
<br />of, and substitutions for the promissvey note or agreement. The maturity date of this Deed of Trust is Decem6er 16, 201 1.
<br />Persanal Property. 7he words "Personal Properiy" mean all equipment, fixtures, and other articles ot personal property now or
<br />hereafter owned by Trustor, and now or hereafter attached or affixed to the Real Property; together with all accessians, 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 retunds of premiums) from any sale or other disposition of the Property.
<br />Property. The word "Property" maans collectively the Real Property and the Personal Property.
<br />Real Property. The words "Real Property" mean the real property, interests and righ#s, as further describad in this Deed of 7rust,
<br />Fielated Documents. The words "Related �ocuments" mean all pramissory notes, credit agreements, loan agreements, environmental
<br />agraements, guaranties, security agreements, mortgages, deeds of trus#, security deeds, collateral mortgages, and all other
<br />instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness.
<br />Rents. The word "Rents" means all present and fu[ure rents, revenues, income, issues, royalties, profits, and other benefits derived
<br />from the Property.
<br />Trustee. The word "Trustee" means Five Points Bank, whose address is P.O Bpx 1507, Grand Island, NE fi8802-1507 and any
<br />substitute or successor trustees.
<br />Trustor. The word "7rustor" means JOHN C NIEDFELT and JACKIE L NIEDFELT.
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