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Loan No: 1p1237797
<br />D��D OF TRUST c ,� � 1 1 � O 4 s�
<br />(Continued)
<br />Page 8
<br />shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownarship of the Property becomes
<br />vested in a person nther than Trustor, Lender, without notice to Trustar, may deal with Trustor's successars with reference to this
<br />Deed of Trust and the Indebtedness by way of forbearance or extension without releasing 7rustor from the obtigations af 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 nf Trust.
<br />Waiver of Homestead Exemptian. Trustor hereby releases and waives ail rights and benefits of the homestead exemption laws of the
<br />State of Nebraska as ta all Indebtedness secured by this Deed of 7rust.
<br />D�FINITIONS. The following capitalixe�i words and terms shall have the tollowing meanings when used in this beed of Trust Unless
<br />specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United Stetes af 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 />Beneficiary. The word "Beneficiary" means Five Points Bank, and its successors and assigns.
<br />Borrower. 7he ward "Borrower" means JEREMY MADER, ZACHARY MADER end TOpp MApER and includes all ca-signers and
<br />co-makers signing the Note and all their successors and assigns.
<br />Deed of Trust. 7he words "Deed of Trust" mean this beed of Trust among Trustor, Lender, and 7rustee, �nd includes without
<br />limitation all assignment and s�curity int�rest provisions relating to tha Persvnal Property and Rents.
<br />Default. 7he word "Default" means the Default set forth in this Deed of Trust in the section titled "Default".
<br />Environmental Laws. Th� 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, Campensation, and Liability Act of 19$0, as amended, 42 U.S.G Section 9601, et seq. ("CERCLA"1, the Superfund
<br />Amendments and Reauthorization Act of 1986, Pub. L. Na. 99-499 ("SARA"1, the Fiazardous Materials 7ransportatian Act, 49 U.S.C.
<br />Section 18Q1, 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 Default. The words "Event of pefault" mean any of the events of default 5et forth in this 17eed of 7rust in the events of
<br />default section of this Deed af i'rust.
<br />Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including
<br />without limitation a guaranty af all or part of the Note.
<br />Hazardous Substances. The words "Mazardous Substances" mean materials that, because of their quantity, concentration or
<br />physical, chemical or infectious characteristics, may cause or pose a present or potentiai hazard to human health ar the environment
<br />when improperly used, treated, stpred, dispnsed of, generated, manufactured, transported or otherwise handled. The words
<br />"Hazardous Substances" are used in their very broadest sensa and include without limitation any and all hazardous or toxic
<br />substances, materials or waste as defined by or listed under the Enviranmental Laws. The term "Hazardaus 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, mabile homes affixed on
<br />the Real Property, facilities, additions, replaoements and other construction on the Real Property.
<br />Indebtedness. The wprd "Indebtedness" means all principal, interest, and other amounts, casts 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 obligations or expenses incurred by
<br />Trustee or lender to enforce Trustor's obligations under this beed of 7rust, together with interest on such amounts as provided in this
<br />Deed of 7rust. Specifically, without limitation, Indebtedness includes the future advances set forth in the Future Advances provisian,
<br />together with ail interest thereon and all amounts that may 6e indirectly secured by the Cross-Collateralizatipn provisipn of this Deed
<br />of Trust.
<br />Lendsr. The word "Lender" means Five Ppints Bank, its successors and assigns.
<br />Note. The wprd "Ncate" means the promissory note dated January 12, 2011, I11 th@ original principal amount Of
<br />$827,481.25 from Borrower to Lender, together with all rPnewals of, extensions of, modifications of, refinancings of,
<br />consplidations of, and substitutions for the promissory note or agreement. The maturity date of this Deed pf Trust is 01-12-2031.
<br />NOTICE 70 TRUSTpR: THE NOTE CONTAINS A VARIABLE INTEREST RATE.
<br />Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articl�s of personal property now or
<br />hereafter owned by Trustor, and now or hereafter attached or affixed ta 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 ar other disposition of the Property.
<br />Property. The wprd "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 �eed of Trust.
<br />Related Documents. The words "Related Documents" mean all prnmissory notes, credit agreements, loan agreements, envirpnmental
<br />agreements, guaranties, security agreements, mortgages, deeds pf trust, security deeds, cqlla#eral 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 ather benefits derived
<br />from the Property.
<br />7rustee. The word "Trustee" means Five Points Bank, whose addrass is P.0 Box 1507, Grand Island, NE E$8p2-1507 end any
<br />substitute or successor trustees.
<br />Trustor. The word "Trustor" means MAX A MADER, LIZBETH N MAbER, LLOYQ E MADER and PATRICIA MADER.
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