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<br />DEED OF TRUST 2 0�.1 U 6 5 7 5
<br />Lo�n No; 10124�314 (Continued) Page 5
<br />preempted by fiederal law, the laws of the State of Nebraska without regard to its conflicts of law provisions. This
<br />Deed of Trust has been accepted by Lender in the State of Nebraska.
<br />Choice of Venue. If there is a{awsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the
<br />courts of Hall County, State of Nebraska.
<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 benefits of the homestead
<br />exemption laws of the State 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 />Seneficiary. The word "Beneficiary" means Five Points Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means RONALD D YORK and RACHELLE LEIGH SUCHANEK and includes all
<br />co-signers and co-makers signing the Credit Agreement and all their successors and assigns.
<br />Credit Agreemerrt. The words "Credit Agreement" mean the credit agreement dated August 26, 2011, Wlth
<br />Cr@dlt 111171t of S 15 ,000.00 from Borrower to Lender, together with all renewals of, extensions of,
<br />modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. The
<br />maturity date ot this Deed of Trust is September 1, 2016.
<br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustes, and
<br />includes without limitation all assignment and security interest provisions relating to the Personal Property and
<br />Rents.
<br />EnvironmenYal Laws. The words "Environmental Laws" mean any and all state, federal and local statutes,
<br />regulations and ordinances relating to the protection of human health or the environment, including without
<br />limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42
<br />U.S.C. Section 9601, et seq. ("CERCLA"►, the Superfund Amendments and Reauthorization Act of 1986, Pub. L.
<br />No. 99-499 ("SARA"), the Hazardous Materials Transportation 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 eppticable sYaYe._oa,��ederal laws, rules,
<br />o� regulations adopted pursuant thereto. °- j '
<br />Event of Default. The words "Event of Default" mean eny tlf the events o� defa�ilt:set forth in thjs Deed of Trust in
<br />the events of default section of this Deed of Trust. -° -°_ ---�� ��-=a-= -- �•A'
<br />Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Facisting Liens
<br />provision of this Deed of Trust.
<br />Improvements. The word "Improvements" means aIl 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, and other amounts, costs and expenses
<br />payeble under the Credit Agreement or Related Documents, together with all renewals of, extensions of,
<br />modifications of, consolidations of and substitutions for the Credit Agreement or Related Documents and any
<br />amounts expended or advanced by Lender to discharge Trustor's obligations or expenses incurred by Trustee or
<br />Lender to enforce Trustor's obligations under tfiis Deed of Trust, together with interest on such emounts as
<br />provided in this Deed of Trust.
<br />Lender. The word "Lender" means Five Points Bank, its successors and assigns. The words "successors or
<br />assigns" mean any person or company that acquires any interest in the Credit Agreement.
<br />Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal
<br />property now or hereafter owned by Trustor, end now or hereafter attached or affixed to the Real Property;
<br />together with all accessions, parts, and additions to, all replacements of, and ell substitutions for, any of such
<br />property; and together with alI proceeds (including without limitation all insurance proceeds and refunds of
<br />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 reat property, interests and rights, as fusther described in this
<br />Deed of Trust.
<br />Related Documents. The words "Related Documents" mean all pramissory notes, credit agreements, loan
<br />agreements, environmental agreemerrts, guaranties, security agreements, mortgages, deeds of trust, security
<br />deeds, collateral mortgages, and ell other instruments, agreements and documents, whether now or hereafter
<br />existing, executed in connection with the Indebtedness.
<br />Rents. The word "fients" means all present and future rents, revenues, income, issues, royalties, profits, and
<br />other benefits derived from the Properiy.
<br />Trustee, Tha word "Trustee" means Five Points Sank, whose address is P.O Box 1507, Grand island, NE
<br />68802-1507 and any substitute or successor trustees.
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