|
�,� e �,, t.
<br />Loan No: 101243548
<br />DEED OF TRUST ��� 1 Q� s��
<br />(Continued) Page 10
<br />Defeult. The word "Default" means the Default set forth in this Deed of Trust in the section titled "Default".
<br />Environmental Lews. The words "Environmental Laws" mean eny and all state, federal and local statutes,
<br />regulations and ordinances relating to the protection of human health or the environment, including wlthout
<br />limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 7 980, 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 6907, et seq., or othar applicable state or federel laws, rules,
<br />or regulations adopted pursuant thereto.
<br />Event of Defeuit. The words "Event of Defeult" mean any of the events of default set forth in this Deed of Trust in
<br />the events of default section of this Deed of Trust.
<br />Guarenty. The word "Gueranty" means the guaranty from guarentor, endorser, surety, or accommodation party to
<br />Lender, including without limitetion a gueranty of all or part of the Note.
<br />Hezardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity,
<br />concentration or physical, chemicel or infectious cheracteristics, mey cause or pose a present or potential hazard
<br />to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured,
<br />transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and
<br />include without limitation any and all hazardous or toxic substances, materials or waste as definad by or listed
<br />under the Environmental Laws. The term "Hazerdous 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, edditions, 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 />payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of,
<br />consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by
<br />Lender to discherge Trustor's obligations or expenses incurred by Trustee or Lender 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 emounts thet 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 August 4, 2011 in the original principal amount
<br />of 53 ,500,237.50 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 08/05/2031.
<br />Personal Property. The words "Personal Property" mean all equipment, fi�ctures, and other articles of personel
<br />property now or hereafter owned by Trustor, and now or hereafter attached or affixed to the Real Property;
<br />together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such
<br />property; and together with all proceeds (including without limitation ell 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 real property, interests and rights, as further described in this
<br />Deed of Trust.
<br />Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan
<br />agreements, environmantal agreements, guaranties, security agreements, mortgages, deeds of trust, security
<br />deeds, collateral mortgages, end all other instruments, agreements and documents, whether now or hereafter
<br />existing, executed in connaction with the Indebtedness.
<br />Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and
<br />other benefits derived from the Property.
<br />Trustee. The word "Trustee" means Five Points Bank, whose address is P.O Box 1507, Grand Island, NE
<br />68802-1507 and any substitute or successor trustees.
<br />Trustor. The word "Trustor" means KEVIN L. HULSE and TAMMIE L. HULSE.
<br />
|