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DEED OF TRUST 2 0� 10 4� 6 9
<br />Loan No: 101242033 '` i �� (Colltinued) Page 7
<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 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 and waives all rights and benefits of the homestead exemption laws of the
<br />Stete 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 Deed of Trust:
<br />Beneficiery. The word "Beneficiary" means Five Points Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means MAGDALENE M WEBER and DONALD J WEBER and includes all co-signers end 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 end security interest provisions relating to the Personai Property and Rents.
<br />Environmental Laws. The words "Environmental Laws" mean any end all state, federal 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, and Liability Act of 1980, 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"1, the Hazardous Materials Trensportation Act, 49 U.S.C.
<br />Section 1807, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or
<br />federal lews, rules, or regulations adopted pursuant thereto.
<br />Everrt 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 />Hezardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or
<br />physical, chemical or infectious characteristics, may ceuse or pose a present or potential hazard to human health or the environment
<br />when improperiy used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words
<br />"Hazerdous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic
<br />substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" aiso
<br />includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos.
<br />Improvemerrts. 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 Real Property.
<br />Indebtedness. The word "Indebtedness" means ail principal, interest, and other amounts, costs and expenses payable under the Note
<br />or Related Documents, together with all renewels of, extensions of, modifications of, consolidations of and substitutions for the Note
<br />or Related Documents and any amounts expended or advanced 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 "Lender" means Five Points Bank, its successor�„and �sSic�gi h y�rg�uis ��ucc�ssors or assigns" mean any
<br />person or company that acquires any interest in the Note. ti ,�, ;, ��� ;�;,� � �
<br />Note. The word "Note" means the promissory note dated June 24� 2�"'��i�. '�ir�`t��j�i��inCtpal_� mount of $22,201.50
<br />from Trustor to Lender, together with aii renewals of, extensions of, modifications of, refinancings of, consolidations of, and
<br />substitutions for the promissory note or agreement. The maturity date of this Deed of Trust is July 5, 2016.
<br />Personal Property. The words "Personal Property" mean all equipment, fixturas, 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, perts, and
<br />additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without
<br />limitetion all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property.
<br />Property. The word "Property" rtteans collectively the Real Property and the Personal Rroperty; -
<br />Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Deed of Trust.
<br />Related Documents. The words "Related Documents" mean ali promissory notes, credit agreements, loan agreements, environmental
<br />agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, coliateral mortgages, and all other
<br />instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness.
<br />Rerrts. The word "Rents" means all present and future rents, revenues, income, issues, 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 1507, Grand Island, NE 68802-1507 and any
<br />substitute or successor trustees.
<br />Trustor. The word "Trustor" means MAGDALENE M WEBER and DONALD J WEBER.
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