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<br />DEED OF TRUST �'� �. �� � �. � �.
<br />Loan No: 707250661 (Continued) Page 9
<br />or other agents acting or purport(ng to act on the entity's behelf, and any obligetions made or created in reliance
<br />upon the professed exercise of such powers shall be guaranteed under this Deed of Trust.
<br />No Weiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust uniess 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 operete as a waiver of such right or eny other right. A weiver by Lender of a provision of this Deed of Trust
<br />shall not prejudice or constitute a waiver of Lender's right otherwise to demend 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, shell constitute a waiver of eny of Lender's rights or of any of Trustor's obligetions
<br />as to eny future trensactions. 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 continuing consent to subsequent instences where
<br />such consent is required and in all ceses such consent may be granted or withheld in the sole discretion of Lender.
<br />Severabtlity. If e court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or
<br />unenforceable es to any circumstence, that finding shall not make the offending provision illegal, invalid, or
<br />unenforceable as to any other circumstance. If feasible, the offending provision shell be considered modified so
<br />thet it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shell be
<br />considered deleted from this Deed of Truat. Unless otherwise required by law, the illegelity, invalidity, or
<br />unenforceability of any provision of this Deed of Trust shell not affect the legality, validity or enforceability of eny
<br />other provision of this Deed of Trust.
<br />Successors a�d Assigns. Subject to eny Iimitations stated in this Deed of Trust on transfer of Trustor's interest,
<br />this Deed of Trust shall be binding upon end inure to the benefit of the perties, 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 af forbearance or
<br />extension without releasing Trustor from the obligations of this Deed of Trust or liability under the Indebtedness.
<br />Time Is of the Essenca. Time is of the essence in the performance of this Deed of Trust.
<br />Weiver of Homestead Exemption. Trustor hereby releases and waives ell rights and benefits of the homestead
<br />exemption laws of the State of Nebraska es 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 specificelly steted to the contrary, ell references to doller amounts shall mean emounts in lawful money
<br />of the United States of America. Words and terms used in the singular shall include the plural, and the plural shell
<br />include the singular, es 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 />Beneflciary. The word "Beneficiary" means Five Points Bank, and its successors and essigns.
<br />Borrower. The word "Borrower" means LANE HOME IMPROVEMENTS & CONSTRUCTION LLC, LANE B
<br />LEISINGER and JENNIFER LEISINGER and includes ell co-signers end co-makers signing the Note and ell their
<br />successors and essigns.
<br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and
<br />includes without limitetion eli assignment and security interest provisions releting to the Personal Property and
<br />Rents.
<br />Defeuk. The word "Defeult" means the Default set forth in this Deed of Trust in the section titled "Default".
<br />EnvironmeMal Laws. The words "Environmentel Laws" mean any and all state, federal and local statutes,
<br />regulations end ordinances relating to the protection of human health or the environment, including without
<br />limitetion the Comprehensive Environmentel Response, Compensation, and Liebility Act of 1980, es 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 Meteriels 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 edopted pursuent thereto.
<br />Event of Default. The words "Event of Default" mean any of the events of default set forth in this Deed of Trust ln
<br />the events of default section of this Deed of Trust.
<br />Guarenty. The word "Guaranry" means the guaranty from guarentor, endorser, surety, or accommodation party to
<br />Lender, including without limitation a gueranty of ell or part of the Note.
<br />Hazardous Substances. The words "Hazardous Substances" mean meterials thet, because of their quentity,
<br />concentration or physical, chemicel or infectious cheracteristics, may cause or pose a present or potentfal hezard
<br />to human health or the environment when improperly used, treeted, stored, disposed of, genereted, menufactured,
<br />transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and
<br />include without limitation eny and all hazardous or toxic substences, 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 end asbestos.
<br />Improvements. The word "Improvements" means all existing and future improvements, buildings, structures,
<br />mobile homes affixed on the Real Property, facilities, edditions, replacements and other construction on the Reai
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