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20�108760
<br />DEED OF TRUST
<br />Loan No: 101245912 (Continued)
<br />unenforceab(Iity of any provision of this Deed of Trust shall not affect the legaflty, vafldity or enfc
<br />other provislon of this Deed of Trust.
<br />Successors and Assigns. Subject to any IimitaUons stated in this Deed of Trust on transfer of T�
<br />this D� of Trust shall be binding upon and inure to the beneflt of the parties, their successors
<br />ownership of the Property becomes vested in a person other than Trustor, Lender, without notice
<br />deal with Trustor's successors with reference to this Deed of Trust and the Indebtedness by way c
<br />extension wfthout releasing Trustor from the obligatlons of thfs Deed of Trust or Ifabiliry under the I
<br />Time is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br />Walver of Homestead Exemption. Trustor hereby releases and wafves all rights and benefits o1
<br />exemption laws of the State of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br />Page 9
<br />ceabiliry of any
<br />istor's interest,
<br />�nd assigns. If
<br />o Trustor, may
<br />forbearance or
<br />debtedness.
<br />the homestead
<br />DEFINITIONS. The following capitalized words and terms shall have the following meanings when use in this Deed of
<br />Trust. Unless speciflcally stated to the contrary, all references to dollar amounts shall mean amounts in lawful money
<br />of the United States of America. Words end terms used in the singular shall include the plural, an the plural shall
<br />include the singular, as the context may require. Words and terms not otherwise defined in this Da d of Trust shall
<br />have the meanings attributed to such terms in the Uniform Commercial Code:
<br />Beneflciary. The word "Beneflciary" means Five Points Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means CLARK GAUTHIER and includes all co-signers and co-makers s(gning the
<br />Note and alt their successors and assigns.
<br />D�ed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and
<br />includes without limitatfon all assignment and security interest provisions relating to the Personal Property and
<br />Rents.
<br />Default. The word "Default" means the Default set forth in this Deed of Trust in the section titled "Default°.
<br />Envlronmental Laws. The words °Environmental Laws" mean any and all state, federal and Iocal statutes,
<br />regulations and ordinances relating to the protection of human health or the environment, including without
<br />Umitation the Comprehensive Environmental Response, Compensation, and Lfability Act of 1880, as amended, 42
<br />U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and ReauthorizaUon Act of 1988, Pub. L.
<br />No. 99-499 ("SARA°), the Hazardous Materials TransportaUon Act, 49 U.S.C. Section 1801, et seq., the Resource
<br />Conservation 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 this Deed of Trust in
<br />the events of default section of this Deed of Trust.
<br />Guaranty. The word °Guaranry" means the guaranty from guarantor, endorser, surety, or accommodatlon party to
<br />Lender, including without limitation a guaranty of all or part of the Note.
<br />Hazardous Substances. The words "Hazardous Substances° mean mate�ials that, because of their quantity,
<br />concentration or physical, chemical or infectious characteristics, 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 thefr very broadest sense and
<br />include without limitatfon any and alt hezardous or toxic substances, materials or waste as deflned by or Iisted
<br />under the Environmental Laws. The term "Hazardous 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 Properly, facilities, additions, replacements and other construction on the Real
<br />Property.
<br />Indebtedness. The word °Indebtedness° means atl principal, interest, and other amounts, costs end expenses
<br />payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of,
<br />consolidations of and substitutions for tha Note or Related Documents and any amounts expended or advanced by
<br />Lender to discharge Trustor's obligations or expenses IncuRed 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 Ifmitation, Indebtedness includes the future advances set forth in the Future Advances
<br />provision of this Deed of Trust, together with all interest thereon.
<br />Lender. The word °Lender" means Five Points Bank, its successors and assigns.
<br />Note. The word "Note" means the promissory note dated October 28, 2011, 111 the original princlpal
<br />amount of $75,404 from Trustor to Lender, together with all renewals of, extensions of, modificadons of,
<br />reflnancings of, consolidations of, and substitutions for the promissory note or agreement.
<br />Personal Property. The words "Personal Property° mean all equfpment, flxtures, and other articles of personal
<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 substitutfons for, any of such
<br />property; and together with all proceeds (including without Iimitation all (nsurance proceeds and refunds of
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