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° ' DEED OF TRUST � O � � O O 3 G�
<br />Loan No: 101234881 (Continued) Page 7
<br />State of Nebraska.
<br />Joint end Savaral Liability. All obligations of Trustor under this Deed of Trust shall be joint and several, and all references to Trustor
<br />shall mean each and every Trustor. This means that each Trustor signing below is responsible for all obligations in this Deed of Trust.
<br />Na Waiver by Lender. Trustor understands Lender will not give up any of Lender's rights under this Deed of Trust unless Lender does
<br />so in writing. The fact that Lender delays or omits to exercise any right will not mean that Lender has given up that right. If Lender
<br />does agree in writing to give up one of Lender's rights, that does not mean Trustor will not have to comply with the ather provisions
<br />of this Deed of 7rust. Trustor also 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, 7rustor further understands that just because Lender consents to
<br />one or more of Trustor's requests, that does not 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 dishanar.
<br />Sevarability. If a court finds that any provision of this Deed of 7rust is not valid or should not be enforced, that fact by itself will noY
<br />mean that the rest of this Deed of Trust will not be valid or enforced. Therefore, a court will enforce ths 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. 5ubject to any limitations stated in this Deed of Trust on transter 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 becomes
<br />vested in a perspn other than Trustor, Lender, without notice to Trustor, may deal with Trustor's successors with reference to this
<br />�eed of Trust and the Indebtedness 6y way of forbearance nr extension without releasing Trustor from the obligations 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 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 />State of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br />DEFINITIONS. The following words shall have the following meanings when used in this beed of Trust:
<br />Beneficiary. The word "Beneficiary" means Five Points Bsnk, and its successors and assigns.
<br />Borrower. 7he word "Borrower" means CASEY ROGER ALMQUIST and REBECCA MARIE ALMQUIST and includes all co-signers and
<br />Co-m8kers signing the Note and all th�ir sucaessors and assigns.
<br />�eed of Trust. The words "Deed af 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 "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 Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"1, the 5uperfund
<br />Amendments and Reauthorization Act of 19$6, Pub. L. Na. 99-499 ("SARA"►, the Hazardous Materials Transportation 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 Defauit. The words "Event of Default" mean any of the events of default set forth in this beed of Trust in the events of
<br />default section of this Deed of Trust.
<br />Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens provision of this
<br />Deed of Trust. ,
<br />Wazardous Substances. The words "Hazardous Substances" mean materials that, because 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. The words
<br />"Hazardous Su6stances" are used in their very broadest sense and include without limitation any and all hazardous pr 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 petroleum by-products or any fraction thereof and asbestos.
<br />Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile hames 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, modifications of, consolidations of and substitutions for the Note
<br />or Related Documents and any amounts expended or advanced 6y Lender tn discharge Trustor's vbligatians or expenses incurred by
<br />Trustee or Lender to enforce 7rustor's obligations under this Deed of Trust, together with interest on such amounts as provided in this
<br />Deed of Trust.
<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 />Nvte. 7he word "Note" means the promissory note dated December 31, 2010, 111 the original principal BmOUnt Of
<br />$19,245.40 from Trustor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidatinns
<br />of, and substitutions for the promissory note or agreement. The maturity date of this Deed of 7rust is January 6, 2021.
<br />Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or
<br />hereafter owned by Trustor, and now or hereafter attached or affixed tn 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) from any sale or other disposition of the Property.
<br />Property. The word "Property" means collectively the Real Property and the Personal Property.
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