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"� �} DEED OF TRUST 2 0110 7 617
<br />Loan No: 10124541 � (Continued) Page 5
<br />Time is of the Essence. Time is of the essence in the perFortnance of this Deed of Trust.
<br />Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the home,stead
<br />exempUon laws of the State of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br />DEFINITIONS. The following words shall have the followtng meanings when used in this Deed of Trust:
<br />Beneflciary. The word °Beneflciary° means Five Points Bank, and its successors and assigns.
<br />Borrower. The word "Borcower° means ARLENE N SCHWARTZ, JUDY E HUMISTON, FINANCIAL DURABLE
<br />POWER OF A'1TORNEY OF ARLENE N SCHWARTZ and includes all co-signers and co-makers signing the Credlt
<br />Agreement and all their successors and assigns.
<br />Credit A�reement The words °Credit Agreement" mean the credit agreement dated October 4, 2011, With
<br />credit limit of $35 ,000.00 from Trustor to Lender, together with all renewais of, extensions of, modiflcations
<br />of, reflnandngs of, consolidaUons of, and substitutfons for the promissory note or egreement. The matur(ty date of
<br />this Deed of Trust is Odober 11, 2012.
<br />Deed of Trust The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and
<br />includes without limitation all assignment and security interest provisions relating to the Personal Property and
<br />Rents.
<br />Environmental Laws. The words "Environmental Laws° mean any and all state, federal and local statutes,
<br />regulaUons and ordtnances relatlng to the protecUon of human health or the environment, including wtthout
<br />limitation the Comprehensive Environmental Response, Compensation, and L(ability Act of 1980, as amended, 42
<br />U.S.C. Section 9601, et seq. ("CERCLA°), the Superfund Amendments and ReauthorizaUon Act of 1986, Pub. L.
<br />No. 99-499 (°SARA"), the Hazardoua Materials TransportaUon Act, �49 U.S.C. Section 1801, et seq., the Resource
<br />ConservaUon and Recovery Act, 42 U.S.C. Section 6901, et seq., 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 th(s Deed of Trust in
<br />the events of default section of this Deed of Trust.
<br />Existtng Indebtedness. The words "Exist(ng Indebtedness` mean the indebtedness described in the Existing Liens
<br />provision of this Deed of Trust.
<br />. . _ . __ . .. . _v,� �... _...,.__ _ a v _ _.� t,
<br />Improvements. The word "Improvements° means a�t exisUng and future impravements, t�uildings, structures,
<br />mobiie homes affixed on the Real Property, facilities, �dditians, replacements and other conS'truction on the Real
<br />Property. � _,
<br />Indebtedness. The word "Indebtedness" means atl principal, interest, and other amounts, costs and expenses
<br />payable under the Credit Agreement or Related Documents, together with all renewais of, e�ctensions of,
<br />modiflcations of, consotidations of and subsUtutions for the Credit Agreement or Related Documents and any
<br />amounts expended or advanced by Lender to discharge Trustor's obligations or expenses incurced by Trustee or
<br />Lender to enforce Trustor's obligations under this Deed of Trust, together with fnterest on such amounts as
<br />provided in this Deed of Trust.
<br />Lender. The word "Lender" means Five Poinb 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, flxtures, and other articles of pe�sonai
<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 addftions to, all replacements of, and all substitutions for, any of such
<br />property; and together with all proceeds (inctuding without Iimftation atl 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 "Reat Property" mean the reai property, interests and rights, as fu�ther descrtbed in this
<br />Deed of Trust.
<br />Related DocumerKs. The words "Related Documents" mean all promissory notes, credit agreements, loan
<br />agreements, env(ronmentat agreements, guaranties, security agreements, mortgages, deeds of trust, security
<br />deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter
<br />existing, executed in connection with the Indebtedness.
<br />Rerrts. The word "Rents" means all present and future rents, revenues, income, issues, royaitles, proflts, and
<br />other beneflts 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 ar�y substitute or suocessor trustees.
<br />Trustor. The word "Trustor" means ARLENE N SCHWARTZ, JUDY E HUMISTON, FINANCIAL DURABLE POWER
<br />OF ATTORNEY OF ARLENE N SCHWARTZ.
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