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04-07-1998 DEED OF TRUST Page 6 Loan No 692905 (Continued) 9$- 1t�3�41 shall be yovemed by and construed In accordance with the laws of the State of Nebraska. Caption Fkadinys. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define the provisions of this Deed of Trust. Merqer. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity,without the written consent of Lender. Multiple Partles. All obligations of Trustor under this Deed of Trust shall be joint end several,and all references to Trustor shall mean each and every Trustor. This means that each of the persons signing below is responsible for all obligations in this Deed of Trust. Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be invalid or unenforceable as to any person or circumstance, such flnding shall not render that provision invalid or unenforceable as to any other persons or circumstances. Ifi feasible,any such offending provision shall be deemed to be modified to be within the limits of enforceability or validiiy; however,if the offending provision cannot be so modified,it shall be stricken and all other provisions of this Deed of Trust in all other raspects shall remain valid and enforceable. Succeasors and Assipns. Subject to the limitations stated in thls Deed of Trust on transier of Trustor's interest,this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person other than Trustor, Lender, without notice to Trustor, may deal wNh Trustor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Trustor from the obligations of this Deed of Trust or liability under the Indebtedness. Time Is of the Essence. Time is of the essence in the performance of this Deed of Trust. Waivers and Consenis. Lender shall not be deemed to have waived any rights under this Deed of Trust(or under the Related Documents) unless such wafver fs in wriring and signed by Lender. No delay or omission on the pert of Lender in exercising any right shall operate as a waiver of such�ight or any other right. A waiver by any party of a provision of this Deed of Trust shall not constitute a waiver of or prejudice the party's right otherwise to demand strict compliance with that provision or any other provision. No prior waiver by Lender, nor any course of dealing between lender and Trustor, shall constitute a waiver of any of Lender's rights or any of Trustor's obligations as to any future transactions. Whenever consent by Lender is required in this Deed of Trust,the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required. Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead exempfion Iaws of the State of Nebraska as to all Indebtedness secured by this Desd of Trust. EACH TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST,AND EACH TRUSTOR AGREES TO ITS TERMS. TRUSTOR: . X ��:��. . X . t ANDREW J BAATEK CY IA A BAR K INDIVIDUAL ACKNOWLEDGMENT STATE OF �� COUNTY OF On this day before me,the undersigned Notary Public,personally appeared ANDREW J BARTEK and CYNTHIA A BARTEK,to me known to be the individuals described in and who executed the Deed of Trust,and acknowledged that they signed the d of Trust as their free and voluntary act and deed,for the us nd purposes therein men' ed. Given under my d an fficlai seal this day of ,1 // 1 CF�F�, BY �y�9� Notary Public In and r the State f ��y��s�, Residing at �Ffi��`'o� My commission expires .o,9OQ�F�yP6�ds�f , �,�o I , , .�. ��. ti � r .