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a <br />y , �' . . <br />2Q�i0700G <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. <br />