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Loan No: 101240848
<br />DEED OF TRUST R� O � � � � � � �
<br />(Continued)
<br />Page 7
<br />shall mean each end every Trustor. This meana that each Trustor signing below is responsibte for ell obllgations in this Deed of Truat.
<br />No Walver by Le�der. 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 �ight will not mean that Lender has given up thet right. If Lender
<br />does agree in writing to give up one of Lender's rights, that does not mean Trustor wlll not have to comply w(th the other provisions
<br />of thfs Deed of Trust. Trustor also understands that if Lender does consent to a request, that does not mean thet Trustor will not
<br />have to get Lender's consent agafn if the situation happens again. Trustor further understands that just because Lender conaents to
<br />one or more of Trustor's requests, thet does not mean Lender will be requi�ed to consent to any of Trustor's future requests. Trustor
<br />waives presentment, demand for payment, protest, and notice of dishonor.
<br />Severability. If e court finds that any provision of this Deed of Trust is not valid or should not be enforced, that fect by itself will not
<br />mean thet the rest of thia Deed of Trust will not 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 of Trust mey be found to be invalid or unenforceable.
<br />Successors and Assig�s. Subject to eny limitations steted in this Deed of Trust on transter of Trustor's interest, this Deed of Trust
<br />shell be binding upon and inure to the benefit of the parties, their successors and asslgns. If owne�ship of the Property becomes
<br />vested in a person other then Trustor, Lender, without notice to Trustor, may deal with Trustor's successora with reference to this
<br />Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Trustor from the obligations of this Deed of
<br />Trust or liability under the Indebtedness.
<br />Time ts 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 Daed of Trust:
<br />Beneficiary. The word "Beneficlary" means Five Points Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means LYNN M MAYHEW and AMY L MAYHEW end includes ell co-signers end co-makers signing
<br />the Note and ell their successors and assigns.
<br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, end includes without
<br />limitation all assignment and security interest provis(ons relating to the Personel Property end Rents.
<br />Environmental Laws. The words "Environmental Lews" mean eny end all state, federel 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, end Liability Act of 1980, as emended, 42 U.S.C. Section 9601, et aeq. ("CERCLA"1, the Superfund
<br />Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Meterials 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 Default. The words "Event of Default" mean eny of the events of defeult set forth in this Deed of Trust in the events of
<br />default sectlon pf this Deed of Trust.
<br />Existing Indebtedness. The words VExlsting Irtdebtedness" mean the indebtedness described in the Existing Liens provision of this
<br />Deed of Trust. `
<br />Hazardous Substances. The words "Hazerdous Substances" mean materials that, because at thelr qw�Atity,�c jcentretion or
<br />physical, chemical or infectious charaGtesistics, may cause or pose e present or pdtent(�I hazard tio fiuriAan health or th� environment
<br />when improperly used, t[eated, stored, disposed of, generated, manufactured; tr�nsparted •°cit. cottie,nlvise_�handled.,r The words
<br />"Hazardous Substences" ere° used in their very broedest sense and include wii�iout `�imita�fon eny �n�'°all' hazarclous or toxic
<br />substances, materiels or waste as defined by or Iisted under the Environmentel Laws. The term "Hazardous Substences" elso
<br />includes, without limitation, petroleum and petroleum by-products or eny frection theraof and asbeatos.
<br />Improvements. The word "Improvements" means all existing and future improvements, buildings, atructures, moblle homes 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 ell renewals of, extensions of, modifications of, consolidations of and substitutions for the Note
<br />or Related Documents and any emounts expended or edvanced by Lender to discharge Trustor's obligations or expenses incurred by
<br />Trustee or Lender to enforce Trustor's obligations under this Deed of Trust, together with interest on such amounts es provided in this
<br />Deed of Trust.
<br />Lender. The word "Lender" means Five Points Bank, its successors and essigns. The words "successors or essigns" mean any
<br />person or company that ecquires any interest in the Note.
<br />Note. The word "Note" means the promissory note dated April 29, 2011 in the origlnal principal amount of 586 ,800.00
<br />from T�ustor to Lender, together with all renewals of, extensions of, modtfications of, refinencings of, consolidetions of, and
<br />substitutions for the promissory note or agreement. The meturity date of this Deed of Trust is May 15, 2014.
<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 hereefter attached or affixed to the Real Property; together with all accessions, parts, and
<br />additions to, ell replacements of, and all aubstitutlons for, any of such property; and together with all proceeds (fncluding wlthout
<br />limitation all insurance proceeds and refunds of premiums) from any sale or other disposltion of the Property.
<br />Property. The word "Property" means collectively the Real Property and the Personal Property.
<br />Real P�operty. The words "Real Property" mean the real property, interests and rights, as further described in this Deed of Trust.
<br />Related Documents. The words "Releted Documents" mean all promissory notes, credit egreements, loen egreements, environmental
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