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2 0120072�
<br />DEED OF TRUST
<br />Loan No: 0898354492 (Continued) Page 13
<br />preempted by federal law, the laws of the State of Nebraska without regard to its confllcts of law provislons. This
<br />Deed of Trust has been accepted by Lender in the State of Nebraska.
<br />No Waiver by Lender. lender shall not be deemed to have waived any �ights under this Deed of Trust unless such
<br />waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right
<br />shall operate as a waiver of such right or any other �ight. A waiver by Lender of a provision of this Deed of Trust
<br />shall not prejudice or constitute a waiver of Lender's right othervvise 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 Uansactions. Whenever the consent of Lender is required under this Deed of Trust, the granting
<br />of such consent by Lender in any instance shall not constitute contlnuing consent to subsequent instances where
<br />such consent is required and in alt cases such consent may be granted or withheld in the sole discretion of Lander.
<br />Severabillty. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, (nvalid, 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, the 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 Ttvst 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 and assigns. 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 obligatlons of this Deed of Trust or liability under the Indebtedness.
<br />Time is of the Essence. Time is of the essence in the pertormance of this Deed of Trust.
<br />Waiver of Homestead ExempUon. Trustor hereby releases and waives all rights and benefits of the homestead
<br />exemption laws of the State of Nebraska 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 specfically stated to the conVary, all references to dollar amounts shall mean amounts in lawful money
<br />of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall
<br />include the singular, as the conte�ct may require. Words and terms not othervvise defined in this Deed of Trust shall
<br />have the meanings attributed to such terms in the Un'rform Commercial Code:
<br />Beneflciary. The word "Beneficiary" means Wells Fargo Bank, National Association, and its successors and
<br />assigns.
<br />Borrower. The word "Borrower" means Gayle S. Binfleld and includes all casigners and co-makers signing the
<br />Note and all 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 limitation 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 UUed "Default".
<br />Environmental L.aws. The words "Environmental Laws" mean any and all state, federal and local statutes,
<br />regulaUons and ordinances relating to the protection of human health or the environment, Including without
<br />limftation the Comprehensive Environmental Response, CompensaUon, and Liability Act of 1980, as amended, 42
<br />U.S.C. SecUon 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L.
<br />No. 99-499 (°SARA"), the Hazardous Materials Transportation 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 Defauit" 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 />Guarenty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to
<br />Lender, including without IimitaUon a guaranty of all or part of the Note.
<br />Hazardous Substances. The words "Hazardous Substances° mean materials that, because of their quantlty,
<br />concentration or physical, chemical or infectious characteristics, may cause or pose a present or potenBal hazard
<br />to human health or the environment when improperly used, treated, stored, disposed of, genereted, manufactured,
<br />transported or otherwise handled. The words "Hazardous Substances° are used in their vety broadest sense and
<br />include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed
<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 exisUng and future improvements, buildings, structures,
<br />mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real
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