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Loan No: 70 �
<br />other provision of this Deed of Trust.
<br />DEED OF TRUST � v�,1 O� O��
<br />(Continued) Page 9
<br />Successors and Assigns. Subject to any limitations steted in this Deed of Trust on transfer of Trustor's interest,
<br />this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If
<br />ownership of the Property becomes vested in a person other than Trustor, Lender, without notice to Trustor, mey
<br />deal with Trustor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or
<br />e�ctension without releasing Trustor from the obligations of this Deed of Trust or Iiability under the Indebtedness.
<br />Time is 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 banefits of the homestead
<br />exemption laws of the State of Nebreska as to all Indebtedness secured by this Deed of Trust.
<br />DEFINITIONS. The following cepitalized words and terms shall have the following meanings when used in this Deed of
<br />Trust. Unless specifically stated to the contrary, ell references to doller amounts shall mean amounts in lawful money
<br />of the United States of America. Words and terms used in the singular shall include the plurel, and the plural shall
<br />include the singular, es the context may require. Words and terms not otherwise defined in this Deed of Trust shell
<br />have the meanings attributed to such terms in the Uniform Commercisl Code:
<br />Beneficiary. The word "Beneficiary" means Five Points Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means CLJAM LLC, CURTIS L ALBERS and LISA M ALBERS and includes aIl
<br />co-signers and co-makers 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
<br />includes without limitation ell essignment and security interest provisions relating to the Personal Property and
<br />Rents.
<br />Defeult. The word "Default" means the Default set forth in this Deed of Trust in the section titled "Default".
<br />Envlronmerrtal Laws. The words "Environmental Laws" mean any and all state, federel and local statutes,
<br />regulations and ordinances relating to the protection of humen health or the environment, including without
<br />limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, es amended, 42
<br />U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act af 1986, Pub. L.
<br />No. 99-499 ("SARA"1, the Hazardous Materials Trensportation Act, 49 U.S.C. Section 1801, et seq., the Resource
<br />Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other appliceble state or federel laws, rules,
<br />or regulations adopted pursuent thereto.
<br />Event of Default. The words "Event of Default" mean any of the events of defeult set forth in this Deed of Trust in
<br />the events of default section of this Deed of Trust.
<br />Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens
<br />provision of this Deed of Trust.
<br />Hazardous Substances. The words "Hazerdous Substences" mean meterials that, because of their quantity,
<br />concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hezard
<br />to humen health or the environment when improperly used, treated, stored, disposed of, generated, menufactured,
<br />transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and
<br />include without limitation any and all hazerdous or toxic substances, materials or waste as defined by or listed
<br />under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and
<br />petroleum by-products or any fraction thereof and asbestos.
<br />Improvements. The word "Improvements" means all existing and future improvements, buildings, structures,
<br />mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real
<br />Property.
<br />Indebtedness. The word "Indebtedness" means all principal, interest, �d-.9thHr_amounts, costs and expenses
<br />payable under the Note or Related Documents, together with all reneyivels of, extension`s'of,'itiodifications of,
<br />consolidations of and substitutions for the Note or Related Documents and any emounts:expended or`advenced by
<br />Lender to discherge Trustor's obligations or expenses incurred by Trf�Steq or Leqder, to' ,enforce Trustor's
<br />obligations under this Deed of Trust, together with interest on such amounts as provided-in this Deed of Trust.
<br />Specifically, without limitation, Indebtedness includes the future advances set forth in the Future Advences
<br />provision, together with all interest thereon and 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 successors and assigns.
<br />Note. The word "Note" means the promissory note dated July 29, 2011 in the original principal amount
<br />Of $128,867.50 from Borrower to Lender, together with all renewals of, extensions of, modifications of,
<br />refinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturity date of
<br />this Deed of Trust is 07/20/2031.
<br />Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal
<br />property now or hereafter owned by Trustor, and now or hereafter attached or affixed to the Real Property;
<br />together with all accessions, perts, and additions to, all replacements of, and ell substitutions for, any of such
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