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20120299�
<br />DEED OF TRUST
<br />(Continued) Pa9e 7
<br />Amendments. This Deed of Trust, together wfth any Related Documents, constitutes the entire understanding and
<br />agreement of the parties as to the matters set forth in this Deed of Trust. No alteration of or amendment to this
<br />Deed of Trust shall be effective unless given in writing and signed by the party or parties sought to be charged or
<br />bound 6y the alteration ar amendment.
<br />Annual Reports. If the Property is used for purposes other than Trustor's residence, Trustor shall fumish to
<br />Lerxier, upon request, a certffied statement of net operating income received from the Property during Trustor's
<br />previous flscal year in such form and detail as Lender shall require. "Net operating income" shall mean all cash
<br />receipts from the Property less all cash expenditures made in connection with the operation of the Property.
<br />Caption Headings. Captlon head(ngs in this Deed of Trust are for convenience purposes only and are not to be
<br />used to interpret or define the provisions of this Deed of Trust.
<br />Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or
<br />estate in the Property at eny time held by or for the benefit of Lender in any capacity, wfthout the written consent
<br />of Lender.
<br />Goveming Law. This Deed of Trust will be governed by fed�ral law appUcable to Lender and, to the extent not
<br />preempted by federal law, the laws of the State of Nebraska 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 a lawsuit, Trustor agrees upon Lender's request to submft to the jurisdfction of the
<br />courts of Hall County, State of Nebraska.
<br />Joint and Several Liability. All obligations of Trustor under this Deed of Trust shall be joint and several, and all
<br />references to Trustor shall mean each and every Trustor. This means that each Trustor signing below is
<br />responsible for all obligations in this Deed of Trust.
<br />No Waiver by Lender. Lender shall not be deemad to have wafved eny 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 �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 otherwise 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 �ights or of any of Trustor's obligations
<br />as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the grantfng
<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 all cases such consent may be granted or withheld in the sole discretion of Lender.
<br />Severabliity. If a court of competent ju�fsdictfon flnds any provision of this Deed of Trust to be illegal, invalfd, or
<br />unenforceable as to any person or circumstance, that flnding shall not make the offending pravisfon (Ilegai, Invalid,
<br />or unenforceable as to any other person or circumstance. If feasfble, the offending provision shall be considered
<br />modified so that it becomes legal, valid and enforceable. If the offending provisfon cannot be so modifled, it shall
<br />be considered deleted from this Deed of Trust. Unless othervuise required by law, the illegaliry, invalidity, or
<br />unenforceablllty of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of any
<br />other prov(sion of this Deed of Trust.
<br />Successors and Assigns. Subject to any Umitatfons stated in this Deed of Trust on transfer of TrustoPs interest,
<br />this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If
<br />ownersh(p of the Properly 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 obligations of this Deed of Trust or liability under the Indebtedness.
<br />Time is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br />Waive Jury. All parties to this Deed of Trust hereby walve the �ight to any jury trial in any actton, proceeding, or
<br />counterclafm brought by any party against any other party.
<br />Walver of Homestead Euemption. Trustor hereby releases and waives all rights and beneflts 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 capitalfzed words and terms shall have the following meanings when used in this Deed of
<br />Trust. Unlesa speciflcally stated to the contrary, all references to dollar amounts shall mean amounts in lawful money
<br />of the United States of America. Words and terms used in tha singular 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 Trust ahall
<br />have the meanings attributed to such terms in the Uniform Commercial Code:
<br />Beneflclary. The word "Beneficiary" means GREAT WESTERN BANK, and its successors and assigns.
<br />Borrower. The word "Borrower" means Scott C Lane and Cindra K Lene and includes all co-signers end co-makers
<br />signing the Note and all their successors and assigns.
<br />Deed of Trus� 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 titled "Default".
<br />Environmental Laws. The words "Environmental Laws° mean any and all state, federal and local statutes,
<br />regulations and ordinances relating to the protection of human health or the environment, including without
<br />limitation the Comprehensive Environmental Response, Compensation, and Liability 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 Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource
<br />Conservatfon 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 Default" 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 />Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to
<br />Lender, including without Ilmitation a gua�anty of all or part of the Note.
<br />Hazardous Substances. The words "Hazardous Substances" mean materiels that, because of their quantity,
<br />concentration or physical, chemical or infectious characteristics, may cause or pose a present or potentiai haaard
<br />to human health or the environment when imprope�ly used, treated, stored, disposed of, generated, manufactured,
<br />transported or otherwlse handled. The words "Hazardous Substances" are used in their very broadest sense and
<br />include wtthout limitation any and all hazardous or toxic substances, materfals or waste as deflned by or Iisted
<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 ex(sting and future (mprovements, buildings, structures,
<br />mobile homes affixed on the keal Property, facilities, additions, replacements and other construction on the Real
<br />Property.
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