Laserfiche WebLink
. � � Qf �o�.f06298 . . �, - � _�. <br />� � DEED OF TRUST <br />Loan No � a�so� (Continuedl `� O 1'. O 5��� Page 6 <br />Time is of the Essence. Time is of the essence in the performanca 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 Indebtednass secured by this Deed of Trust. <br />DEFINITIONS. The following capitalizad words and terms shall have the following meanings when used in this Deed of Trust. Unlass <br />specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. <br />Words and terms used in tha singular shall include the plural, and the plural shall includa the singular, as the context may require, Words <br />and terms not otherwise defined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code: <br />Beneficiary. The word "Beneficiary" means Cornerstone Bank, and its successors and assigns. <br />Borrower. The word "Borrower" means Helen E. Pohl and James A. Pohl and includes all co-signers and co-makers signing the Note <br />and all their successors and assigns. <br />Deed of Trust. The words "Dead of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and includes without <br />limitation all assignment and security interest provisions relating to the Personal Property and Rents. <br />Default. The word "Default" means the Default set forth in this Deed of Trust in the section titled "Default". <br />Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances <br />relating to tha protection of human health or the environment, including without limitation the Comprahansive 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"), the Hazardous Materials Transportation Act, 49 U.S.C. <br />Section 1801, et seq., the Resourca Conservation and Racovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or <br />faderal laws, rules, or regulations adopted pursuant thereto. <br />Event of Default. The words "Event of Default" mean any of the events of default sat forth in this Deed of Trust in the events of <br />default section of this Deed of Trust. <br />Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including <br />without limitation a guaranty of all or part of the Note. <br />Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or <br />physical, chemical or infectious 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 handlad. The words <br />"Hazardous 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 Iisted under the Environmental Laws. The term "Hazardous Substances" also <br />includes, without limitation, petroleum and petroleum by-products or any fraction thereof end 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 Real Property: <br />Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and axpenses payable under the Note <br />or Related Documents, together with all renewals 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. Specifically, without limitation, Indebtedness includes the future advances set forth in the Future Advances provision, <br />together with all interest thereon and all amounts that may be indirectly secured by the Cross-Collateralization provision of this Dead <br />of Trust. <br />Lender. The word "Lender" means Cornerstone Bank, its successors and assigns. <br />Note. The word "Note" means the promissory note dated June 28, 2011 in the original principal amount of 559,323 <br />from Trustor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and <br />substitutions for the promissory note or agreement. NOTICE TO TRUSTOR: THE IdOTE CONTAINS A VARIABLE INTEREST RATE. <br />Personal Property. The words "Personal Property" mean aII equipment, fixtures, 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, parts, and <br />additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without <br />limitation all insurance proceeds and refunds of premiums► from any 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 Property" mean the real proparty, interests and rights, as further described in this Deed of Trust. <br />Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental <br />agreements, guaranties, security agreements, mortgages, deeds of trust; security deeds, collateral mortgages, and all other <br />instruments, agreements and documants, whether now or hereafter existing, executed in connection with the Indebtedness. <br />Rents. The word "Rents" means all presant and future rents, revenues, income, issues, royalties, profits, and other benafits derived <br />from the Proparty. <br />Trustee. The word "Trustee" means CORNERSTONE BANK, whose address is 529 LINCOLN AVENUE, YORK, NE 68467 and any <br />substitute or successor trustees. <br />Trustor. The word "Trustor" means Helen E. Pohl and James A. Pohl. <br />EACH TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH TRUSTOR AGREES TO <br />ITS TERMS. <br />TRUSTOR: <br />X �e�� � � � ' �+ <br />Hel n E. Pohl <br />X <br />James A. Po <br />