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<br />DEED OF TRUST
<br />Loan No: 101244874 (Continued)
<br />Page 5
<br />Choice of Venue. If there is a lawsuit, 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 E�cemption. Trustor hereby releases and waives all rights and benefits of the homestead
<br />exemption laws of the State of IVebraska 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 />Beneficiary. The word "Benefiiciary" means Five Points Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means DIANA L WHITEHEAD and includes all co-signers and co-makers signing
<br />the Credit Agreement and all their successors and assigns.
<br />Gredit A reement. The words "Credit Agreement" mean the credit agreement dated September 16, 2011, With
<br />CrBdit �IYYIIt of S 15 ,000.00 from Borrower ta Lender, together with all renewals of, extensions of,
<br />modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement.
<br />Deed of Trust. 7he words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and
<br />inctudas without limitation all assignment and security interest provisions relating to the Personal Property and
<br />Rents. ,
<br />Environmerrtal 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 saq., or other applicable state or federal laws, rules,
<br />or regulations adopted pursuant thereto.
<br />Event of Default. The words "Event of Default" mean any of the events of default set forth in this Deed of Trust in
<br />the events of defauit section of this Deed of Trust.
<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, 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 Ret�ted Documents and any
<br />amounts expended or advanced by Lender to discharge Trustor"s obligations or e�cpenses incurred by Trustee or
<br />Lender to anforce Trustor's obligations under this De� d of Trust, t9gether with interest on such amounts as
<br />provided in this Deed of Trust. .�__.,._..�..��_ :.�_._�__.�_�m-.-...-
<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, and now or hereafter attached or affixed to the Real Properry;
<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 iincluding 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 real property, interests and rights, as furthar described in this
<br />Deed of Trust.
<br />Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan
<br />egreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security
<br />deeds, collateral mortgages, and ail other instruments, agreements and documents, whether now or hereafter
<br />existing, executed in connection with the indebtedness.
<br />Ren�. 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.0 Box 1507, Grand Island, NE
<br />68802-1507 and any substitute or successor trustees.
<br />Trustor. The word "Trustor" means DIANA L WHITEHEAD and GLENN EUGENE WHITEHEAD.
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