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Loan No: 10�1252176
<br />courts of Hall County, Stete of Nebraska.
<br />DEED OF TRUST 2 012 0 3 2� v
<br />(Continued) Page 9
<br />Joint and Severel Liabiflty. All obligetions of Borrower and Trustor under this Deed of Trust shall be joint and
<br />several, and all references to Trustor shall mean each and every Trustor, and all references to Borrower shell mean
<br />each and every Borrower. This means thet each Trustor signing below is responsible for sll obligations in this Deed
<br />of Trust.
<br />No Waiver by Lender. Lender shall 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 weiver by Lender of a provision of this Deed of Trust
<br />shell not prejudice or constitute e waiver of Lender's right otherwise to demand strict complience 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 and Trustor, shell constitute e waiver of any of Lender's righta or of any of Trustor's obligations
<br />as to eny future transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting
<br />of such consent by Lender in eny instance shell not constitute continuing consent to subsequent instances where
<br />such consent is required and in all cases such consent may be grented or withheld in the sole discretion of Lender.
<br />Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or
<br />unenforceable es to eny person or circumstence, that finding shell not make the offending provision illegal, invalid,
<br />or unenforceable as to any other person or circumstence. If feasible, the offending provision shall be considered
<br />modifled so that it becomes legal, velid end enforceable. If the offending provision cannot be so modifled, it shall
<br />be considered deleted from this Deed of Trust. Unless othervvise required by law, the illegality, invalidity, or
<br />unenforceability of eny provision of this Deed of Trust shall not affect the legality, validity or entorceability of any
<br />other provision of this Deed of Trust.
<br />Succassors 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 and essigns. 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 wfth reference to this Deed of Trust and the Indebtadness by way of forbearance or
<br />extension without releasing Trustor from the obligetfons 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 />Waiver of Homestead Exemption. Trustor hereby reteases and waives ell rights and benetits of the homestead
<br />exemption laws of the Stete of Nebraska as to ell Indebtedness secured by this Deed of Trust.
<br />DEFINITIONS. The following capitalized words end terms shall have the 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 singular shall include the plural, and the plural shell
<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 />Banaflciary. The word "Beneficfary" means Five Points Bank, and its successora 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, and Trustee, and
<br />includes without limitation all essignment 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 "Defeult".
<br />Environmental Laws. The words "Environmentel Lawa" mean any end all state, federei and local statutes,
<br />regulations and ordinances reletfng 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"1, the Superfund Amendments and Reauthorization Act of 1986, Pub. L.
<br />No. 99-499 ("SARA"1, the Hazardous Materiels Transportetion Act, 49 U.S.C. Section 1807, 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 adopted pursuant thereto.
<br />Event of Defauk. 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 limitation a guaranty of all or part of the Note.
<br />Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity,
<br />concentration or physical, chemical or infectious characteristics, may ceuse or pose a present or potential hazard
<br />to human health or the environment when improperly used, treated, stored, disposed of, generated, menufactured,
<br />transported or othervvise handled. The words "Hazardous Substances" ere used in their very broadest sense and
<br />include without Ifmitation eny and ell hazardous or toxic substances, materials or waste as defined by or listed
<br />under the Environmental Laws. The term "Hazardous Substences" also includes, without limitation, petroleum and
<br />petroleum by-producta or any fraction thereof and asbestos.
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