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, .. .. : �, .� . 201103654 �
<br />^ � . ° " ' ; ? " ' DEED OF TRUST
<br />Loan No: 109241106 (Continued) page g
<br />of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances whera such consent is
<br />required and in all ceses such consent may be granted or w3thheld in the sole discretion of Lender.
<br />Severabllity. ff a court ot competent jurisdiction finds any provision of this Deed ot Trust to be fllegal, invalid, or unenforceable as to
<br />any person or circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to eny other person
<br />or circumstence. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. !f
<br />the offending provision cannot be so modified, it shall be considered delated from this Deed of Trust. Unless otherwise required by
<br />law, the illegality, invalidity, or unenforceability of any provision of this Deed of Trust shall not affiect the legality, validity or
<br />enforceability of any other provision of this Deed ot Trust.
<br />Successors and Assigns. Subject to any limitations stated in this Deed of Trust on tranefer ot Trustor's interest, this Deed of Trust
<br />shall be binding upon end inure to the benefit of the parties, their successors and assigns, !f ownership of the Property becomes
<br />vested in e person other than Trustor, Lender, without notice to Trustor, may deal with Trustor's successors with reference to this
<br />Deed of Trust and the �ndebtedness by way of forbearance or axtension without releasing Trustor from the obligatlons of 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 of Trust.
<br />Weiver of Homestead Exemption. Trustor hereby releases end waives all rights and benefits of ths homestead exemption laws of the
<br />State of Nebraska as to ell Indebtedness sacurad by this Deed of Trust.
<br />DEFINITIONS. The following capitalized words end terms shatt have the following meanings when used in this Deed of Trust. Unless
<br />specificaliy stated to the contrary, all references to dollar amounts shall mean amounts in (awful money of the United States of America.
<br />Words and terms used in the singular shall include the plursl, and the plurel shall include the singuler, as the context may require. Words
<br />and terms not othervvise defined in this Deed of Trust shall heve the meanings attributed to such terms in the Uniform Commercial Code:
<br />Beneficiary. The word "Beneficiery" means Five Points Bank, and its successors and assigns.
<br />Borrower. The word "Borrower° means JEFFREY S WESTERBY end JOLYIVE M WESTERBY and includes ali co-signers and co-makers
<br />signing the 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 sacurity interest provisions releting to the Personal Property and Rents.
<br />Defauk. The word "Default" meens the Default set forth in this Deed of Trust in the section titled "Default".
<br />Environmantal Laws. The words "Environmental Laws" mean any and aii state, federal and loca► statutes, regulations and ordinences
<br />�,,,� relating to the protection of human heaith or the environment, including without limitation the Comprehensive Environmental
<br />Response, Compensation, end Llability Act of 1980, as amended, 42 U.S.C. Section 8601, et seq. 1"CERCLA"), the Superfund
<br />__ Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Haaardous Materials Transportation Act, 49 U.S.C.
<br />Section 7801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Seation 6901, et seq., or other appiicabte state or
<br />federal laws, rules, or regulations edopted pursuant thereto.
<br />Everrt of Defauh. The words "Event of Default" mean any of the avents of default set forth in this Deed of Trust in the events of
<br />default saction of this Deed ot Trust.
<br />Existtng indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens provision ot this
<br />Deed of Trust. •
<br />Guarenty. The word "Guaranty" means the guaranty from guerantor, endorser, surety, or accommodation party to Lendsr, inciuding
<br />without limitation a guaranty of all or part of the Note. .
<br />Hazardous Substances. The words "Wazardous Substances" mean materials that, because of their quantity, concentratfon or
<br />— physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to humen health or the environment
<br />when improperiy used, treated, stored, disposed .of, generated, manufectured, transported or otherwise handled. The words
<br />"Hazardous Substances" are used in their very broadest sense and include without 13mitation eny and all hazardous or toxic
<br />-- substances, materials or waste as dafined by or listed under the Environmental Lews. The term "Hazardous Substences" elso
<br />__ includes, without timitatfon, petroleum and patroleum by-products or any frection thereof and"asbestos.
<br />Improvements. The word "Improvements" means all existing and future improvements, bui►dings, structures, mobi�e homes affixed on
<br />the Real Property, facilities, additions, replacements and other construction on the Real Property.
<br />-- Indebtedness. The word "lndebtedness" means all principai, interest, and other amounts, costs and expenses payabls under the Note
<br />or Raleted Documents, together with all renewals of, extensions of, modificetions of, consoUdations of and substitutions for the Note
<br /> �'� or Related Documents end any amounta expended or edvanced by Lender to discharge 7rustor's obligations or expenses incurred by
<br />Trustee or Lender to entorce Trustor's obllgations under this Deed of Trust, together wfth interest on such amounts as provided in this
<br />Daed of Trust. Specifically, without Nmitation, Indebtedness includes the future advances set forth in the Future Advances provision,
<br />together with all interest thereon end ali amounts that may be indirectly secured by the Cross-Colleterelizetion provision of this Deed
<br />of Trust.
<br />Lender. The word "Lender" means Five Points Bank, its successors snd assigns.
<br />— Note. The word ^Note" means the promissory note dated May 13, 2011 in the original principal amount of 5375,409
<br />from Trustor to Lender, together wlth all renewals ot, extensions of, modifications of, refinancings of, consolidations of, and
<br />substitutions for tha promissory note or agreement. The maturity dete of this Dead ot Trust is May 1, 2016.
<br />Personal Properry. The words "Personai Property" mean all equipment, fixtures, and other articles of personal property now or
<br /> � hereafter owned by Trustor, end now or hereafter attached or effixed to the Rea( Property; together with all accessions, parts, and
<br />_ additions to, all replacements of, and ell substitutions for, eny of such praperty; end together with all proceeds (including without
<br /> ___ limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property.
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