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`'� ` � � � � ` rt ' � � DEED OF TRUST
<br />Loan No: 101240035 (C011titlued) 2 0� 10 3� O G Page 8
<br />Time is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br />Waiver of Homestead F�cemption. Trustor hereby releases end waives ell rights end benefita 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 capitalized words and terms shall have the following meaninga when used in this Deed of Trust. Unless
<br />specifically stated to the contrary, all references to dollar amounts shall meen amounts in lawful money of the United Stetes of 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 def(ned 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 end assigns.
<br />Borrower. The word "Borrower" means MITCHELL T NICKERSON and SUSAN E NICKERSON and includes ell co-signers and
<br />co-makers sign(ng the Note and ell the(r 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 provislons relating to the Personal Property and Rents.
<br />Default. The word "Defeult" means the Default set forth in thfs Deed of Trust in the section titled "Detault".
<br />Envlronmental Lews. The words "Environmentel Lews" mean any and all state, federal and locel statutes, regulations and ordinances
<br />relating to the protection of human health or the environment, including without limitation the Comprehensive Environmentat
<br />Response, Compensation, and Liability Act of 9980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund
<br />Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportatton Act, 49 U.S.C.
<br />Section 1801, et seq., the Reaource Conservation and Recovery Act, 42 U.S.C. Section 6907, 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 />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 />(3uaranty. The word "Guaranty" means the guaranty from guarentor, endorser, surety, or eccommodation party to Lender, inctuding
<br />without limitation a guarenty of all or part of the Note.
<br />Hazardous Substances. The words "Hazerdous Substences" mean materiels thet, because of their quantity, concentretion or
<br />physical, chemical or infectfous 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 Substances" ere used in the(r very broadest sense and include without limitation any end ell hazardous or toxic
<br />substances, materials or weste as defined by or listed under the Environmental Lews. The term "Hazardous Substances" elso
<br />includes, w(thout 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 homes affixed on
<br />the Real Property, facilities, additions, replacements and other construction on the Reet Property.
<br />Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs end expenses peyable under the Note
<br />or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and aubstitutions for the Note
<br />or Related Documents and any amounts expended or edvenced 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 as provided in this
<br />Deed of Trust.
<br />Lender. The word "Lander" means Five Points Bank, its auccessors and essigns.
<br />Note. The word "Note" means the promissory note dated April 29, 2011 in the original principal amount of $36 ,900.00
<br />from Trustor to Lender, together with ell renewals of, extensions of, modifications of, refinencings of, consolidetions of, end
<br />substitutions for the promissory note or egreement. The maturity date of this Deed of Trust is April 28, 207 6.
<br />Personal Propertyr. The words "Parsonal Property" mean ell equipment, fixtures, and other articles of personat property now or
<br />hereafter owned by Trustor, and now or hereafter attached or affixed to the Real Properry; together with all eccessions, parts, and
<br />edditlons to, all replacements of, and all substitutions for, any of such properry; and together with all proceeds (including without
<br />limitetion all insurance proceeds and refunds of premiums) from eny sale or other disposition of the Property.
<br />Property. The word "Property" means collectively the Real Property and the Personal Property.
<br />Real Property. The words "Real Properry" mean the real property, interests and rights, as further described in this Deed of Trust.
<br />Related Documents. The words "Releted Documents" mean atl promissory notes, credit agreements, loen agreements, environmental
<br />egreements, guarenties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other
<br />instruments, agreementa and documents, whether now or hereafter existing, executed in connection with the Indebtedness.
<br />Rents. The word "Rents" means ell present end future rents, revenues, income, issuea, royalties, profits, and other benefits derived
<br />from the Property.
<br />Trustee. The word "Trustee" means Five Points Bank, whose address is P.0 Box 1607, Grand Island, NE 68802-1507 end any
<br />substitute or successor trustees.
<br />Trustor. The word "Trustor" means MITCHELL T NICKERSON and SUSAN E NICKERSON.
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