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Loan No: 101237797
<br />DEED O� TRUST `� � 11 �� 3� U
<br />(Cantinued) Page 8
<br />law, the illegality, invalidity, or unenforceability of any provision of this Deed of 7rust shall not affect the legality, validity or
<br />enforceability of any other provision of this Deed of Trust.
<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 6e 6inding upon and inure to the benefit nf 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 7rustor's successors with reference to this
<br />Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Trustvr from the pbligations of this Deed of
<br />Trust or liability under the Indebtedness.
<br />Time is of the Essence. Time is of the essence in the performance af this Deed of 7rust.
<br />Waiver af Homestead Exemption. Trustor hereby releases and waives all rights and banefits of the homestead exemption laws of the
<br />State of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br />DEFINITIONS. The following capitalized words and terms shall have the following maanings when used in this Deed of Trust. Unless
<br />specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America.
<br />Words 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 Trust shall have the meanings attributed to such terms in the Uniform Commercial Code:
<br />Bsneficiary. The word "Beneficiary" means Five Points Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means JEREMY MADER, ZAGHERY MAD�R and TODD MAD�R and includes all co-signers and
<br />co-makers signing tha Note and all their successors and assigns.
<br />Dead of Trust. The words "Deed of Trust" mean this Deed of Trust amang Trustor, Lender, and Trustee, and includes without
<br />limitativn all assignment and security interest provisions relating to the Personal Property and Fients.
<br />Default. The word "Default" means the Default set forth in this Deed of Trust in the section titl�d "befault".
<br />Environmental Laws. The words "Environmental Laws" mean any end 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 �nvironmental
<br />Response, Compensation, and l.iability Act of 19$p, as amended, 42 U.S.C. Section 96�1, et seq. ("CERCLA"►, the Superfund
<br />Amendments and Reauthorization Act af 1986, Pub. L. No. 99-499 ("SARA"1, the Hazardous Ma[erials Transportation Act, 49 U.S.C.
<br />Section 1$01, 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 theretn.
<br />Event nf Default. The words "Event of Default" mean any of tha events af default set forth in this �eed of Trust in ihe events of
<br />default section of this Deed of Trust.
<br />Guaranty. 7he word "Guaranty" means the guaranty from guarantor, endorser, surety, or accammvdation party to Lender, including
<br />without limitation a guaranty of all or part of the Note.
<br />Hazardous Substances. The words "Hazardous Substances" mean materials that, 6ecause of their quantity, concentration 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 toxic
<br />substances, materials or waste as detined by or listed under the Environmental Laws. The term "Wazardous Substances" also
<br />includes, without limitation, petroleum and petroleum by-products or any fraction [hereof and asbestas.
<br />Improvements. The word "Improvements" means all existing and futur� improvements, buildings, structures, mobile homes affixed on
<br />the Real Property, facilities, additions, replacements and other construction on the Real Property.
<br />Inde6tedness. The word "Indebtedness" means all principal, interest, and other amounts, casts and expenses payable under the Note
<br />or Related Documents, together with all renewals of, extensians of, modificatinns of, consolidations of and substitutions for the Note
<br />or Related Documents and any amounts expended or advanced by Lender to discharge Trustor's obligations or expenses incurred by
<br />Trustee or Lender ta enforce 7rustor's obligations under Yhis Deed of Trust, iogeiher with interest on such amounts as provided in this
<br />Deed af Trust. Specifically, without limitation, Indebtedness includes the future advances set forth in the Future Advances provision,
<br />together with all interest thereon and all amounts that may be indirectly secured by the Cross-Collateralization provision of this Deed
<br />of Trust.
<br />Lender. The word "Lender" means Five Points Bank, its successors and assigns.
<br />Note. The word "Nnte" means the promissory note dated January 12, 2011, in the origir181 principal 8t110U�1t Of
<br />$827 ,481.25 trom Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of,
<br />consolidations of, and substitutions for the promissory nate or agreement. The maturity date of this ❑eed of Trust is 01-12-2031.
<br />NOTICE TO TRUSTOR: THE NpTE CONTAINS A VARIABLE INTEREST RATE.
<br />Personal Property. The words "Personal Property" mean all equipment, fixtures, and othsr articles of personal property 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 su6stitutions for, any of such property; and together with all proceeds (including without
<br />limitation all insurance proceeds and refunds of premiumsl from any sale or other disposition of the Property.
<br />Proparty. 7he ward "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 Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental
<br />agreements, guaranties, security agreements, mvrtgages, deeds of trust, 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 future rents, revenues, income, issues, royalties, profits, and other benefits derived
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