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� r 1 � .., '. • , �: � .. DEED OF TRUST Loan No: 101251021 (Continued) 20120225u Page 9 Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the Property et any time held by or for the•benefit of Lender in any capacity, without the written consent of Lender. Goveming Lew. This Deed of Trust will be governed by federal law applicable to Lender end, to the extent not preempted by federal law, the laws of the State of Nebreska wfthout regard to its conflicts of law provistons. This Deed of Trust has been accapted by Lender in the State of Nebraska. Cholce of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the courts of Hall County, Stete of Nebraska. Joint and Several Uebility. All obligations of Trustor under this Deed of Trust shall be joint and aeveral, end all references to Trustor shall mean each and every Trustor. This means thet each Trustor signing below is responsible for att obligations in this Deed of Trust. No Wafver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing between Lender and Trustor, shall conatitute e waiver of any of Lender's rights or of eny of Trustor's obligations as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Severebility. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegel, invelid, or unenforceable as to any person or circumstance, thet finding shell not make the offending provision illegal, invalid, or unenforceable as to any other person or circumstance. If feasible, the offending provision shell be considered modified so that it becomes legat, velid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Deed of Trust. Unless othen�vise required by law, the illegality, invalidity, or unenforceability of eny provision of this Deed of Trust shall not affect the legelity, velidity or enforceability of eny other provision of this Deed of Trust. Successors and Assigns. Subject to any limitetions steted in this Deed of Trust on transfer of Trustor's interest, this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person other than Trustor, Lender, without notice to Trustor, may deal with Trustor's successors with reference to this Deetl of Trust and the Indebtedness by way of forbearance or extension without releasing Trustor from the obligations of this Deed of Trust or liability under the Indebtedness. Time is of tha Essence. Time is of the essence in the performance of this Deed of Trust. Weiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of Nebraska es to all Indebtedness secured by this Deed of Trust. DEFINITIONS. The following cepitalized words and terms shall have the following meanings when used in this Deed of Trust. Unless specifically stated to the contrary, all references to dollar amounts shell mean amounts in lewful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words end terms not otherwise defined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code: Beneflciary. The word "Beneficiary" means Five Points Bank, end its successors and assigns. Borrower. The word "Borrower" means KYLE KOEPP and SALLY JO KOEPP and includes all co-signers and co-makers signing the Note and all their successors and assigns. Deed of Trust. The words "Deed of Trust" mean this Deed of Trust emong Trustor, Lender, and Trustee, and includes without limitation all assignment and security interest provisions relating to the Personal Properry and Rents. Defauk. The word "Default" meens the Default set forth in this Deed of Trust in the section titled "Default". Environmental Laws. The words "Environmental Laws" mean any end all state, federal and local stetutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"1, the Superfund Amendments and Reauthorizetion Act of 1986, Pub. L. No. 99-499 ("SARA"1, the Hazardous Materials Trensportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6907, et seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. EveM of Defeuft. The words "Event of Default" mean any of the events of default set forth fn this Daed of Trust (n the events of default section of this Deed of Trust. Exlsti�g Indabtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens provision of this Deed of Trust.