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° �' DEED OF TRUST � p 12 U 3 4 0 3
<br />k `, R
<br />Loan No: 101251582 (Continued) Page 9
<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 Nebraske.
<br />Joi� and Several Liebtlity. All obligetions of Trustor under this Deed of Trust shell be joint and several, end all
<br />references to Trustor shell mean each and every Trustor. This means that each Trustor signing below is
<br />responsible for all obligetions in thia Deed of Trust.
<br />No Walver by Lender. Lender shell not be deemed to have waived eny rights under this Deed of Trust unless such
<br />weiver is given in writing end signed by Lender. No delay or omission on the part of Lender in exercising eny rfght
<br />shell operate as a weiver of such right or eny other right. A waiver by Lender of a provision of this Deed of Trust
<br />shall not prejudice or constitute e 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 weiver by Lender, nor any course of dealing
<br />between Lender end Trustor, shall constitute a weiver of any of Lender's rights or of any of Trustor's obligetiona
<br />ea to any future transections. Whenever the consent of Lender is required under this Deed of Truat, the granting
<br />of such consent by Lender in any instance shall not constitute continuing consent to subsequent instancea where
<br />such consent is required end in ell cases such consent mey be granted or withheld in the sole discretion of Lender.
<br />Severebility. If a court of competent jurisdiction finds eny provisfon of this Deed of Trust to be illegal, invalid, or
<br />unenforceable as to any person or circumstence, that finding shall not make the offending provision illegal, invalid,
<br />or unenforceable es to any other person or ci�cumstance. If feasible, the offending provision shall be considered
<br />modifled ao that it becomes legel, velid and enforceable. If the offending provision cennot be so modified, it shell
<br />be considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, lnvalidity, or
<br />unenforceability of eny provision of this Deed of Trust ahall 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 and essigna. If
<br />ownership of the Property becomes vested in e person other than Trustor, Lender, without notice to Trustor, mey
<br />deal with Trustor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearence 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 pertormance of this Deed of Trust.
<br />Weiver of Homestead Exemption. Trustor hereby releases and weives all rights and benefits of the homestead
<br />exemption laws of the State of Nebreska as to all Indebtedness secured by this Deed of Trust.
<br />DEFINITIONS. The following capitelized words and terms shall heve the following meanings when used in this Deed of
<br />Trust. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money
<br />of the United Stetes of America. Words and terms used in the singular shall include the plural, and the plurel shall
<br />include the singular, es the context may require. Words and terms not otherwise defined in this Deed of Trust ahall
<br />have the meanings attributed to such terms in the Uniform Commercial Code:
<br />Beneflciery. The word "Beneficiary" means Five Points Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means MITCHELL T NICKERSON and SUSAN E NICKERSON and includes all
<br />co-signers and co-makers signing the Note and ell their successors and assigns.
<br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, end Trustee, end
<br />includes without Iimitation all assignment and security interest provisions releting to the Personel 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 />Environmerrtal Laws. The words "Environmental Laws" mean any and all state, federel and local stetutes,
<br />regulations and ordinances relating to the protection of humen health or the environment, including without
<br />limitation the Comprehensive Environmental Response, Compensation, end Liability Act of 1980, as emended, 42
<br />U.S.C. Section 9601, et seq. ("CERCLA"1, the Superfund Amendments and Reauthorization Act of 1988, Pub. L.
<br />No. 99-499 ("SARA"), the Hazardous Meterials Trensportation 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 stete or federel laws, rules,
<br />or reguletions edopted pursuent thereto.
<br />Event of Default. The words "Event of Defeult" 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 />E�cisting Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Enisting Liens
<br />provision of this Deed of Trust.
<br />Gueranty. The word "Guaranty" means the guaranty from guerentor, endorser, surety, or eccommodetion party to
<br />Lender, including without limitation a guaranty of ell or part of the Note.
<br />Hazerdous Substances. The words "Hezerdous Substences" mean materials that, because of their quantity,
<br />concentration or physical, chemical or infectious charecteristics, may ceuse or pose a present or potential hezard
<br />to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured,
<br />transported or otherwise handled. The words "Hazerdous Substences" are used in their very broadest sense end
<br />include without Iimitetion any and all hazardous or toxic substances, materials or waste as defined by or listed
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