|
� '
<br />DEED OF TRUST �' �D � � O � +�i � �
<br />Loan No: 90�7245960' `- (Continued) 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 Nebraske.
<br />Time is of the Essence. Time is of the essence in the performanca of this Daed of Trust.
<br />Waiver of Homestead Exemptton. Trustor hereby releases and waives all rights end benefits of the homestead
<br />exemption laws of the State of Nebraske as to all Indebtedness secured by this Deed of Trust.
<br />DEFINITIONS. The following words shell have the following meanings when used in this Deed of Trust:
<br />Beneflciary. The word "Beneficiary" means Five Points Bank, and its succassors and assigns.
<br />Borrower. The word "Borrower" means.DENNIS LILIENTHAL and JANA LILIENTHAL and includes all co-signers
<br />end co-makers signing the Credit Agreement and all their successors and assigns.
<br />Credit Agreemerrt. The words "Credit Agreement" mean the c�edit agreement dated October 14, 2011, Wlth
<br />credit limit of 540 ,000.00 from Trustor to Lender, together with all renewals of, extensions of, modifications
<br />of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturity date of
<br />this Deed of Trust is October 19, 2074.
<br />Deec� of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and
<br />includes without fimiYation all assignment end security interest provisions releting to the Personef Property and
<br />Rents.
<br />Environmental Laws. The words "Environmental Laws" mea any end all state, federal and local statutes,
<br />regulations end ordinances relating to the protection of hum n health or the environment, including without
<br />limitation the Comprehensive Environmental Response, Compens tion, and Liability Act of 1980, as amended, 42
<br />U.S.C. Section 9601, et seq. ("CERCLA"1, the Superfund Amen ments and Reauthorization Act of 1986, Pub. L.
<br />No. 99-499 ("SARA"), the Hezardous Materials Transportation A t, 49 U.S.C. Section 1801, et seq., the Resource
<br />Conservation and Recovery Act, 42 W.S.C. Section 6907, et se ., or other appliceble state or federal laws, rules,
<br />or regulations adopted pursuent thereto.
<br />Event of Default. The words "Event of Default" mean any of the events of default sat forth in this Deed of Trust in
<br />the events of default section of this Deed of Trust.
<br />Existing Indabtednass. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens
<br />provision of this Deed of Trust.
<br />Improvements. The word "Improvements" means ell existing and future improvements, buildfngs, structures,
<br />mobile homes effixed on the Real Property, facilities, edditions, replacements and other construction on the Real
<br />Property. R .� ; _.
<br />Indebtedness. The word "Indebtedness" means all princi�al;' int esf; - at� other emounts, costs and expenses
<br />payable under the Credit Agreement or Releted Docurr�+snts, to�ather° • XnritTi �W .tenewals of, extensions of,
<br />modifications of, consolidations of and substitutfons for f1�"'Cre�lit cuments and any
<br />amounts expended or advanced by Lender to discharge Trustors�o ' S�l��s,�pr"�xpense$dincurPed by Trustee or
<br />Lender to enforce Trustor's obligatfona under this Deed of Trust, togetff it� iraterest on such amounts as
<br />provided in this Deed of Trust. �����F�.�
<br />�.-„ ,_.:�
<br />Lender. The word "Lender" means Five Points Bank, its successors and assigns. The words "successors or
<br />essigns" mean any person or company that acquires any interest in tha Credit Agreement.
<br />Persanal Proparty. The words "Pecsonal Property" mean all equipment, flxtures, and other erticles of personal
<br />property now or hereafter owned by Trustor, and now or hereafter ettached or effixed to the Real Property;
<br />together with all accessions, parts, end additions to, all replacements of, end all substitutions for, any of such
<br />property; and together with all proceeds (including without limitation all insurence proceeds and refunds of
<br />premtums) 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 egreements, loan
<br />agreements, environmental 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 />Rarrts. The word "Rents" means all present end future rants, 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 />68802-1 b07 and any substitute or successor trustees.
<br />Trustor. The word "Trustor" means DENNIS LILIENTHAL and JANA LILIENTHAL.
<br />
|