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' 9 '`�" DEE� OF TRUST 2 Q�, i Q 3�. s i
<br />Loan No: 101240725 (C ntinued)
<br />F'age 8
<br />enforceability of any other provislon of this Deed of Trust.
<br />Successors and Assigns. Subject to any limitations steted in this Deed of Trust on trensfer of Trustor's interest, this Deed of Trust
<br />shall be binding upon and inure to the benefit of the parti s, their successors and assigns. If ownership of the Property becomes
<br />vested in a person other than Trustor, Lender, without not ce to Trustor, may deal with Trustor's successors with reference to this
<br />Deed of Trust and the Indebtedness by way of forbearance r 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 perfor ance of this Deed of Trust.
<br />Waiver of Homestead Exemption. Trustor hereby releases nd watves all rights and benefits of the homestead exemption laws of the
<br />State of Nebraska as to ell Indebtedness secured by this De d of Trust.
<br />DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of Trust. Unless
<br />specifically stated to the contrary, all references to dollar amou ts shall mean amounts in lawful money of the United Stetes of America.
<br />Words and terms used in the singular shell include the plurat, an the plural shall include the singuler, as the context may require. Words
<br />and terms not otherwise defined in this Deed of Trust shall have he meanings attributed to such terms in the Uniform Commarcial Code:
<br />Beneficiary. The word "Beneficiery" means Five Points Ban , and its successors and assigns.
<br />Borrower. The word "Borrower" means ROBERT V SH RWOOD and BRENDA K SHERWOOD and includes all co-signers and
<br />co-makers signing the Note and all their successors end assi ns.
<br />Deed of Trust. The words "Deed of Trust" mean this D ed of Trust among Trustor, Lender, and Trustee, and includes without
<br />limitation all assignment and security interest provisions rela ing to the Personal Property and Rents.
<br />Default. The word "Defeult" means the Default set forth in his Deed of Trust in the section titled "Default".
<br />Environmental Laws. The words "Environmental Laws" me n any end all state, federal and locel statutes, regulations end ordinances
<br />relating to the protection of human health or the envir nment, including without limitation the Comprehensive Environmental
<br />Response, Compensation, and Liability Act of 1980, as mended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund
<br />Amendments and Reauthorization Act of 1986, Pub. L. No. 9-499 ("SARA"), the Hezardous Materials Transportation Act, 49 U.S.C.
<br />Section 1801, et seq., the Resource Conservation and Rec very 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 Default" mean any of the events of default set forth in this Deed of Trust in the events of
<br />dafault section of this Deed ot Trust.
<br />E�cisting Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens provision of this
<br />Deed of Trust.
<br />Guaranty. The word "Guaranty" means the guaranty from uarantor, endorser, surety, or accommodation party to Lender, including
<br />without limitation a gueranty of all or part of the Note. .
<br />Hazardous Substances. The words "Hazerdous Substan es" mean materials that, because of their quantity, concentration or
<br />physical, chemical or infectious characteristics, may cause r pose a present or potential hazard to human health or the environment
<br />when improperly used, treated, stored, disposed of, ge rated, manufectured, trensported or otherwise handled. The words
<br />"Hazardous Substances" are used in thair very broadest sense and include without limitation any and all hezerdous or toxlc
<br />substances, materials or waste as defined by or listed u der the Environmental Laws. The term "Hazardous Substances" also
<br />includes, without limitetion, petroleum and petroleum by-pro ucts or any fraction thereof end asbestos.
<br />Improvements. The word "Improvements" means all existin and future improvements, buildings, structures, mobile homes affixed on
<br />the Real Property, facilities, additions, replacements and oth r construction on the Real Property.
<br />Indebtedness. The word "Indebtedness" means ell principal interest, and other amounts, costs and expenses payable under the Note
<br />or Related Documents, together with all renewals of, exten ions of, modifications of, consolidations of and substitutions for the Note
<br />or Retated Documents and any amounts expended or advan ed by Lender to discharge Trustor's obligations or expenses incurred by
<br />Trustee or Lender to enforca Trustor's obligations under this Deed of Trust, together with interest on such amounts as provided in this
<br />Deed of Trust. Specifically, without limitation, Indebt dness includes all amounts that may be indirectly secured by the
<br />Cross-Collateralization provision of this Deed of Trust.
<br />Lender. The word "Lender" means Five Points Bank, its suc essors and assigns.
<br />Note. The word "Note" means the promissory note dated pril 22, 2017 in the original principal amount of 575,196
<br />from Trustor to Lender, together with all renewals of, e ensions of, modifications of, refinancings of, consolidations of, and
<br />substitutions for the promissory note or agreement. The ma urity date of this Deed of Trust is Mey 1, 2016.
<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 to the Real Property; together with all accessions, parts, and
<br />additions to, all replacements of, and all substitutions for, ny of such property; and together with all proceeds (including without
<br />limitation all insurance proceeds and refunds of premiums) fr m any sale or other disposition of the Property.
<br />Property. The word "Property" means collectively the Real
<br />Real Property. The words "Real Property" mean the real pr<
<br />and the Personal Property.
<br />, 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, mortgeges, deeds of trust, security deeds, collateral mortgeges, and all other
<br />instruments, agreements and documents, whether now or h reafter existing, executed in connection with the Indebtedness.
<br />Rents. The word "Rents" means all present end future ren , revenues, income, issues, royalties, profits, and other benefits derived
<br />from the Properry.
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