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- Loan No: 101238682
<br />DEED OF TRUST
<br />(continued) 2 0110 2�1 �1 � Page 7
<br />Choice of Venue. If there is a lawsuit, Trusto agrees upon Lender's request to ubmit to the jurisdiction of the courts of Hall County,
<br />State of Nebraska.
<br />Joint and Severel Liability. All obligations of rustor under this Deed of Trust s all be joint and several, and all references to Trustor
<br />shall mean each and every Trustor. This mea s that each Trustor signing below is responsible for all obligations in this Deed of Trust.
<br />No Waiver by Lender. Trustor understands Le der will not give up any of Lende 's rights under this Deed of Trust unless Lender does
<br />so in writing. The fact that Lender delays or mits to exercise any right will no mean that Lender has given up that right. If Lender
<br />does agree in writing to give up one of Lende 's rights, that does not mean Tru tor will not have to comply with the other provisions
<br />of this Deed of Trust. Trustor also understa ds that if Lender does consent t a request, that does not mean that Trustor will not
<br />have to get Lender's consent again if the situ tion happens again. Trustor furt er understands that just because Lender consents to
<br />one or more of Trustor's requests, that does ot mean Lender will be required t consent to any of Trustor's future requests. Trustor
<br />waives presentment, demand for payment, pr est, and notice of dishonor.
<br />Severability. If a court finds that any provisio of this Deed of Trust is not vali or should not be enforced, that fact by itself will not
<br />mean that the rest of this Deed of Trust will n t be valid or enforced. Therefore a court will enforce the rest of the provisions of this
<br />Deed of Trust even if a provision of this Deed f Trust may be found to be invali or unenforceable.
<br />Successors and Assigns. Subject to any limi ations stated in this Deed of Tru on transfer of Trustor's interest, this Deed of Trust
<br />shall be binding upon and inure to the benefi of the parties, their successors and assigns. If ownership of the Property becomes
<br />vested in a person other than Trustor, Lende , without notice to Trustor, may eal with Trustor's successors with reference to this
<br />�eed of Trust and the Indebtedness by way o forbearance or extension without releasing Trustor`fr�in the obligations of this Deed of
<br />Trust or liability under the Indebtedness.
<br />Time is of the Essence. Time is of the essenc in the performance of this Deed f Trust.
<br />Waiver of Homestead Exemption. Trustor her by releases and waives all rights nd benefits of the homestead exemption laws of the
<br />State of Nebraska as to all Indebtedness secur d by this Deed of Trust.
<br />DEFINITIONS. The following words shall have the �ollowing meanings when used in this Deed of Trust:
<br />Beneficiary. The word "Beneficiary" means Fi e Points Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means JUD L LOGUE and MARK L LOGUE nd includes all co-signers and co-makers signing the
<br />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 rovisions relating to the Personal roperty and Rents.
<br />Environmental Laws. The words "Environmen a� Laws" mean any and all state, federal and local statutes, regu�ations and ordinances
<br />relating to the protection of human health or the environment, including ithout limitation the Comprehensive Environmental
<br />Response, Compensation, and Liability Act f 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund
<br />Amendments and Reauthorization Act of 198 , Pub. L. No. 99-499 1"SARA"), t e Hazardous Materials Transportation Act, 49 U.S.C.
<br />Section 1801, et seq., the Resource Conserv tion and Recovery Act, 42 U.S. . Section 6901, et seq., or other applicable state or
<br />federal laws, rules, or regulations adopted pur uant thereto.
<br />Event of Default. The words "Event of Defa It" mean any of the events of d fault set forth in this Deed of Trust in the events of
<br />defa�lt section of this Deed of Trust.
<br />Existing Indebtedness. The words "Existing ndebtedness" mean the indebted ess described in the Existing Liens provision ot this
<br />Deed of Trust.
<br />Hazardous Substances. The words "Hazar ous Substances" mean materiai `that;"b�'�use-�f t#aeir..,.qua�tj�y, concentration or
<br />physical, chemical or infectious characteristic , may cause or pose a present orI� ten#ial I�azard ta`-hamart`healt or the ernironment
<br />when improperly used, treated, stored, dis osed of, generated, manuf�t d�.Irans�Sorted ��or otherw�se h�ndled. The words
<br />"Hazardous Substances" are used in their ery broadest sense and in � '' i.j�iifafioF� arny' and`all' hazardous or toxic
<br />substances, materiais or waste as defined y or listed under the Environme tal Laws The term "Hazartlous Substances" aiso
<br />inciudes, without limitation, petroleum and pet oleum by-products or any fractio thereof and asbestos.
<br />Improvements. The word "Improvements" m ns all existing and future improv ments, buildings, structures, mobile homes affixed on
<br />the Real Property, facilities, additions, replace ents and other construction on t Real Property.
<br />Indebtedness. The word "Indebtedness" mea s all principal, interest, and other mounts, costs and expenses payable under the Note
<br />or Related Documents, together with ali rene als of, extensions of, modificatio s of, consolidations of and substitutions for the Note
<br />or Related Documents and any amounts expe ded or advanced by Lender to di charge Trustor's obligations or expenses incurred by
<br />Trustee or Lender to enforce Trustor's obligati ns under this Deed of Trust, toge her with interest on such amounts as provided in this
<br />Deed of Trust.
<br />Lender. The word "Lender" means Five Poi ts Bank, its successors and assi ns. The words "successors or assigns" mean any
<br />person or company that acquires any interest i the Note.
<br />Note. The word "Note" means the promisso y note dated April 4, 2011, IIl t e original principal amount of 535,405
<br />from Trustor to Lender, together with all r newals of, extensions of, modi ications of, refinancings of, consolidations of, and
<br />substitutions for the promissory note or agree ent. The maturity date of this D ed of Trust is 04/15/2020.
<br />Personal Property. The words "Personal Pr perty" mean all equipment, fixt res, and other articles of personal property now or
<br />hereafter owned by Trustor, and now or here fter attached or affixed to the R al Property; together with all accessions, parts, and
<br />additions to, all replacements of, and all sub titutions for, any of such proper y; and together with all proceeds (including without
<br />limitation all insurance proceeds and refunds o premiums) from any sale or othe disposition of the Property.
<br />Property. The word "Property" means collectijrely the Real Property and the Per$onal Property.
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