|
� .
<br />� °;
<br />Loan No: 101249434
<br />DEED OF TRUST 2 0 i 2 0 3.10 4
<br />(Continued)
<br />used to interpret or define the provisions of this Deed of Trust.
<br />Page 9
<br />Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or
<br />estete in the Property at any time held by or for the benefit of Lender in eny capecity, without the written consent
<br />of Lender.
<br />Qoverning Law. This Deed of Trust will be governed by federal law applicable to Lender and, to the extent not
<br />preempted by federal law, the laws of the State of Nabraska w(thout regard to Its conflicts of law provisions. This
<br />Deed of Trust hes been eccepted by Lender in the Stete of Nebraska.
<br />Choice of Venue. If there is e lawsult, Trustor agrees upon Lender's request to submit to the jurisdiction of the
<br />courts of Hall County, State of Nebreska.
<br />No Waiver by Lander. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such
<br />waiver is g(ven 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 right. A weiver by Lender of e provision of this Deed of Trust
<br />shall not prejudice or constitute a waiver of Lender's right othenivise to demand strict comptience wlth that
<br />provision or any other provision of this Deed of Trust. No prior weiver by Lender, nor any course of deaUng
<br />between Lender and Trustor, shall constitute a waiver of any of Lender's rights or of eny of Trustor's obligations
<br />as to eny future transections. Whenever the consent of Lender is required under this Deed of Trust, the granting
<br />of suah consent by Lender in any instence. shell not constitute continuing consent to subsequent-instances where
<br />such consent is required and in all cases such consent may be grented or withheld in the sole discretion of Lender.
<br />Severability. If a court of competent jurisdiction finds eny provision of this Deed of Trust to be illegal, invelid, or
<br />unenforceable as to eny circumstance, that finding shall not make the offending provision illegal, invafld, or
<br />unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so
<br />thet it becomes legal, valid and enforceable. If the offending provision cannot be so modiffed, it shell be
<br />considered deleted from this Deed of Trust. Unless otherwise required by lew, the illegality, inveUdity, or
<br />unenforceability of eny provision of this Deed of Trust shall not effect 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 assigns. If
<br />ownership of the Property becomes vested in e person other than Trustor, Lender, without notice to Truator, may
<br />deal with Trustor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearence or
<br />extension without releasing Trustor from the obligations of this Deed of Trust or liability under the Indebtedness.
<br />Time is of the Essence. Time is of the essence in the performence of this Deed of Trust.
<br />Waiver of Homestead Facemption. Trustor hereby releases end waives all rights and beneflts 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 followfng meanings when used in this Deed of
<br />Trust. Unless specifically stated to the contrary, all references to dollar amounts shall meen emounts in lawful money
<br />of the United States of Americe. Words and terms used in the aingular shall include the plural, and the plural shall
<br />include the singular, as the context may require. Words end terms not otherwise defined in this Deed of Truat shell
<br />heve the meanings ettributed 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 VICKI L KISSLER and includes all co-s(gners end co-makers signing the
<br />Note and all their successors and ass(gns.
<br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and
<br />(ncludes without limitation all assignment and security interest provisions releting to the Personal Property and
<br />8ents.
<br />Default. The word "Default" means the Defeult set forth in this Deed of Trust in the section titled "Default".
<br />Envlronmentel Laws. The words "Environmental Laws" mean eny end all state, federal and local statutes,
<br />regulations end ordinances relating to the protection of humen health or the environment, including without
<br />limitation the Comprehensive Environmental Response, Compensetion, and Liability Act of 1980, es emended, 42
<br />U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments end Reauthorization Act of 1988, Pub. L.
<br />No. 99-499 ("SARA"1, the Hezardous Meterlals Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource
<br />Conservation end 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 Defeult. The words "Event of Default" mean any of the eventa of default set forth in this Deed of Trust in
<br />the events of default section of this Deed of Trust.
<br />Existing Indabtednasa. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens
<br />provfsion of this Deed of Trust.
<br />Guaranty. The word "Guarenty" means the guaranty from guarantor, endorser, surety, or accommodetion party to
<br />Lender, including without limitation a guaranty of ell or pert of the Note.
<br />
|