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<br />Loan No: 101249944
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<br />DEED OF TRUST 2 � 12 Q�� 3 i
<br />(Continued) Pege 9
<br />preempted by federal law, the laws of the State of IVebreska 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 e lawsuit, Trustor agrees upon Lender's request to submit to the Jurisdiction of the
<br />courts of Hall County, State of Nebraska.
<br />No Waiver by Lender. Lender shell not be deemed to have waived any rights 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 right. A waiver by Lender of a provision of this Deed of Trust
<br />shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict complfance with thet
<br />provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing
<br />between Lender end Trustor, shall constitute a weiver of eny of Lender's rights or of any of Trustor's obligetions
<br />as to any future trensactions. Whenever the consent of Lender is required under this Deed of Trust, the grendng
<br />of such consent by Lender in any instance shell not constitute continuing consent to subsequent instances where
<br />such consent is required and in all cases auch consent may be granted or withheld in the sole discretion of Lender.
<br />Severebility. If a court of competent jurisdiction finds eny provision of this Deed of Trust to be illegal, invalid, or
<br />unenforceable as to any circumstance, thet finding shell not make the offending provision illegel, invalid, or
<br />unenforceable es to eny other circumstance. If feasible, the offending provision shall be considered modified so
<br />that it becomes legal, valid end enforceable. If the offending provision cannot be so modified, it shall be
<br />considered deleted from this Deed of Trust. Unlesa otherwise required by lew, the iltegetity, invalidity, or
<br />unenforceability of eny provision of this Deed of Trust shall not affect the legality, velidity or enforceability of eny
<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 succesaors and assigns. If
<br />ownership of the Property becomes vested in a person other than Trustor, Lender, without notice to Truator, may
<br />deal with Trustor's successors with reference to this Deed of Trust end the Indebtedness by wey of forbearance or
<br />extension without releasing Trustor ftom the obligations of this Deed of Trust or liebility under the Indebtedness.
<br />Time ts of the Essence. Time is of the essence in the performence of this Deed of Trust.
<br />Waiver of Homestead Exemption. Trustor hereby releases end weives all righta end benefits of the homestead
<br />exemption taws of the State of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br />DEFINITIONS. The following cepitalized words and terms shall have the following meanings when used in this Deed of
<br />Trust. Unless specificelly stated to the contrary, all references to dollar amounts shell mean emounts in lawful money
<br />of the United States of America. Words and terms used fn the singular shall include the plurel, and the plural shall
<br />include the singular, as the context may require. Worda and terms not otherwise defined in thia Deed of Trust shell
<br />heve the meanings attributed to such terms in the Uniform Commercial Code:
<br />Beneflciary. The word "Beneficiary° means Five Points Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means JACULYN J GAREY REVOC TRUST and includes all co-signers and
<br />co-mekers signing the Note and all their successors and assigns.
<br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, end Trustee, and
<br />includes without limitation all assignment and security interest provisions releting to the Personal Properry end
<br />Rents.
<br />Defeult. The word "Default" means the Default set forth in this Deed of Trust in the section titled "Default".
<br />Envlronmentel Laws. The words "Environmental Laws" mean any and all state, federal and local statutes,
<br />regulations and ordinances relating to the protect(on of human health or the environment, including wlthout
<br />limitation the Comprehensive Environmental Response, Compensation, and Liebility Act of 1980, as amended, 42
<br />U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L.
<br />No. 99-499 ("SARA"), the Hazardous Materfals Transportetion Act, 49 U.S.C. Section 1801, et seq., the Reaource
<br />Conservation and Recovery Act, 42 U.S.C. Section 8901, et seq., or other epplfcable state or federel laws, rutes,
<br />or regulations adopted pursuent thereto.
<br />Event of Default. The words "Event of Default" mean any of the events ot default set forth in this Deed of Trust in
<br />the events of default section of this Deed of Trust.
<br />Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens
<br />provision of thls Deed of Trust.
<br />Gueranty. The word "Gueranty" means the gusrenty from guarantor, endorser, surety, or accommodation perty to
<br />Lender, inciuding without limitation a guarenty of all or pert of the Note.
<br />Hazardous Substances. The words "Hazardous Substances" mean materials that, beceuse of their quantity,
<br />concentretion or physical, chemical or infectlous characteristics, mey cause or pose a present or potentiel hezard
<br />to human health or the environment when improperly used, treated, stored, disposed of, generated, manufsctured,
<br />trensported or othervvise handled. The words "Hezardous Substances" are used in their very broedest sense end
<br />include without limitation any and all hazardous or toxic substances, materiels or waste es deflned by or listed
<br />under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and
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