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<br />Loan No: 101252176
<br />DEED OF TRUST � a� 2 0 3 2� ��
<br />(Continued) Page 9
<br />Govarning Law. This Deed of Trust will be governed by federel law applicable 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 Nebreska.
<br />Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the
<br />courts of Hall County, State of Nebraska.
<br />Joint and Severel Liability. All obligations of Borrower and Trustor under this Deed of Trust shall be jofnt end
<br />several, and all references to Trustor shall mean each and every Trustor, and ell references to Borrower shall mean
<br />each and every Borrower. This means that each Trustor signing below is responsible for all obligations in this Deed
<br />of Trust.
<br />No Waiver by Landar. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such
<br />waiver is given in writing end signed by Lender. No delay or omission on the pert of Lender in exercising any right
<br />shall operate as a waiver of such right or any other right. A wefver 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 end Trustor, shall constitute a waiver of eny of Lender's rights 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 granting
<br />of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where
<br />such consent is required and in ell cases such consent may be granted or withhetd 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 />unenforceabla es to any person or circumstance, that finding shall not make the offending provision illegal, invalid,
<br />or unenforceable es to eny other person or circumstence. If feasible, the offending provision shall be considered
<br />modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall
<br />be considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or
<br />unenforceability of any provision of this Deed of Trust shall not affect 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 Trustor, may
<br />deal with Trustor's successors with reference to this Deed of Trust and the Indebtedness by wey of forbearance or
<br />extension without releasing Trustor from the obligetions 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 Homastead Exemptlon. Trustor hereby releases and waives all rights and benefits 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 capitalized words and terms shall heve tha following meanings when used in this Deed of
<br />Trust. Unless specifically stated to the contrary, all references to dollar amounts shall mean emounts in lawful money
<br />of the United States of America. Words and terms used in the singuler shall include the plurel, and the plural shall
<br />include the singular, as 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 Benk, and its successors and assigns.
<br />Borrower. The word "Borrower" means ARNOLD WENN and DONALD J WILLIAMS and includes all co-signers and
<br />co-makers 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 ell 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 Lews. The words "Environmental Laws" mean any and all state, federel 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, Compensation, and Liability Act of 1980, as amended, 42
<br />U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments end Reauthorization Act of 198B, P�b. L.
<br />No. 99-499 ("SARA"), the Hazardous Materials Trensportation Act, 49 U.S.C. Section 1801, et seq., the Resource
<br />Conservetion end Recovery Act, 42 U.S.C. Section 6901, et seq., or other appliceble state or federel laws, rules,
<br />or regulations adopted pursuent thereto.
<br />Event of Default. The words "Event of Default" mean any of the events of dafault set forth in this Deed of Trust in
<br />the events of default section of this Deed of Trust.
<br />Guarenty. The word "Guaranty" means the guaranry from guarantor, endorser, surety, or accommodation party to
<br />Lender, including without limitetion a guarenty of all or part of the Note.
<br />Hazardous Substances. The words "Hazardous Substences" mean materiels thet, because of their quantity,
<br />concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard
<br />to human health or the environment when improperly used, treated, stored, disposed of, generated, menufactured,
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