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Loan No: 101245906 <br />DEED OF TRUST 2 011 � 9 9 2� <br />(Continued) Pa9e 9 <br />previous fiscal year in such form and detail as Lender shall require. "Net operating income" shall mean all cash <br />receipts from the Property less all cash expenditures mede in connection with the operation of the Property. <br />Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be <br />used to interpret or define the provisions of this Deed of Trust. <br />Mergar. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or <br />estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent <br />of Lender. <br />Governing Law. Thls Deed of Trust will be governed by federel Isw applicable to Lender and, to the extent not <br />preempted by federel law, the lews of the State of Nebraska without regard to its conflicts of law provisions. This <br />Deed of Trust has been accepted by Lender in the State of Nebraska. <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 />Joint and Several Liebility. All obligations of Borrower and Trustor under this Deed of Trust shall be joint and <br />several, and all references to Trustor shall mean each and every Trustor, and all references to Borrower shalt mean <br />each and every Borrower. This means that each Trustor signing below is responsible for all obligations in this Deed <br />of Trust. Where any one or more of the parties is a corporation, partnership, limited liability company or similar <br />entity, it is not necessary for Lender to inquire into the powers of any of the officers, directors, partners, members, <br />or other agents acting or purporting to act on the entity's behalf, end any obligations made or created in reliance <br />upon the professed exercise of such powers shall be guaranteed under this Deed of Trust. <br />No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such <br />weiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right <br />shall operete as a waiver of such right or any other right. A waiver by Lander of a provision of this Deed of Trust <br />shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that <br />provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing <br />between Lender and Trustor, shall constitute a waiver of any of Lender's rights or of any of Trustor's obligations <br />as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting <br />of such consent by Lender in eny instance shall not constitute continuing consent to subsequent instances where <br />such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. <br />Severebility. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or <br />unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or <br />unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so <br />that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be <br />considered deleted from this Deed of Trust. Unless otherwise required by law, tha illegality, invalidity, or <br />unenforceability of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of any <br />other provision of this Deed of Trust. <br />Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor's interest, <br />this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors end essigns. If <br />ownership of the Property becomes vested in a person other than Trustor, Lender, without notice to Trustor, may <br />deal with Trustor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or <br />extension without releasing Trustor from the obligations of this Deed of Trust or liability under the Indebtedness. <br />Tima is of the Essence. Time is of the essence in the performance of this Deed of Trust. <br />Waiver of Homastead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead <br />exemption laws of the State of Nebreska as to all Indebtedness secured by this Deed of Trust. <br />DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of <br />Trust. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money <br />of the United States of America. Words and terms used in the singuler shall include the plural, and tha plural shall <br />include the singular, as the context may require. Words and terms not otherwise defined in this Deed of Trust shall <br />have the meanings attributed to such terms in the Uniform Commercial Code: <br />Beneficiary. The word "Beneficiary" means Five Points Bank, and its successors and assigns. <br />Borrower. The word "Borrower" means IGLESIA DE DIOS EVANGELICA PENTECOSTES LA VOZ PROFETICA, <br />ARCADIO C CHANAS , EDDY OLIVARES , BLANCA OLIVARES, SHENY OLIVARES, DANY OLIVARES, BERZA <br />OLIVARES and JUANA VELASQUEZ TERCERO and includes all co-signers and co-makers signing the Note and all <br />their successors and assigns. <br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and <br />includes without limitetion all assignment and security interest provisions relating to the Personal Property end <br />Rents. <br />Default. The word "Default" means the Default set forth in this Deed of Trust in the section titled "Default". <br />Environmental Laws. The words "Environmental Laws" mean any and all state, federal and locel statutes, <br />regulations and ordinances relating to the protection of human health or the environment, including without <br />