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<br />� � DEED OF TRUST � (� 1.� �� � ,� ,� �
<br />Loan Nfl: 101252812 (Continued} Page 9
<br />of TrusL
<br />No Waiver by Lender. Lender shall not be deemed to heve waived anq rights under this Deed of Trust unless such
<br />waiver la given in writtng end signed by Lender. No delay or omission on the pert of Lender in exercising any right
<br />shall operate es a waiver of such right or eny other �ight. A waiver by Lender of a provision of this Deed of Trust
<br />shall not prejudice ar constitute e waiver of Lender's right otherwise to demand strict compllance 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 constltute a waiver of eny of Lender's rtghts or of any of Trustor's obltgations
<br />es to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the grenting
<br />of sueh consent by LAnder in any instance shall not constitute continuing 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 />Severability. If a court of competent jurisdiction flnds any provision of this Deed of Trust to be illegal, invalid, or
<br />unenforceable as to any person or circumstance, that findfng shall not make the offending provisan illegal, invalid,
<br />or unenforceable as to any other person or circumstance. If teasible, the offending provision shail be considered
<br />modi�ied so that tt becomes legal, velM and enforceabie. If tha o#fending provision cannot be so modiNed, it shall
<br />be considered deleted from thta Deed of Trust. Unless otherwise required by law, the illega0ty, invalidity, or
<br />unenforceability of eny provision of this Deed of Trust shall not affeat the legality, valicilty or enforceability of any
<br />other provision of this Deed of Trust.
<br />Sucgessors and Assigns. SubJect to eny limitations stated in this Deed of Trust on uansfer of Trustor's interest,
<br />this Deed of Trust shell be btnding upon and inure to the benefFt 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, mey
<br />deei with Trustor's successors with reference to this Deed of Trust end the Indebtedness by wey of forbesrence or
<br />extension without releasing Trustor from the obUgations of this Deed of Trust or liabiiity under the indebtedness.
<br />Time is of the Essence. Time is of the essence in the performanca of this Deed of Trust.
<br />Wai+►er of Homestead F.�cemption. Trustor hereby releases end waives all rights and beneflts of the homestead
<br />exemption laws of the State of Nebraska es to ell Indebtedness secured by this Deed of Trust.
<br />DfF11111TI0NS. The following capitelized words and terms shall have the following meanings when used in this Deed of
<br />Trust. Unless specifically stated to the contrery, ell references to dollar amounts shall mean emounts in lewful money
<br />of the United Stetes of America. Words and terms used in the singular shali inciude the plural, end the plurel shall
<br />include the singular, as the context may require. Words and terms not otherwise deflned in this Deed of Trust shall
<br />have the meanings attribut� to such terms in the Uraiform Commercial Code:
<br />Beneficiary. The word "Beneficiary" means Five Points Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means EDMUND R KERSHAW III and includes all co-signers end co-makers
<br />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, and
<br />includes without limitetion all assignment and security interest provisions releting to the Personal Property and
<br />Rents.
<br />Defeuk. The word "Default" means the Default set forth in this Deed of Trust in the section titled "Default°.
<br />Environmer�tal Laws. The words "Environmental Laws" mean eny and all stete, federal and local statutes,
<br />regulations and ordinances relating to the protection of humen health or the environment, including without
<br />Iimitation the Comprehensive Environmental Responae, Compensation, and LlebiUty Act of 1980, es 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 Hazerdous Meterials Transportation 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 state or federal laws, rutes,
<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 />CivaraMy. The word "Guarenty" means the guarenty from guarantor, endorser, surety, or accommodetion party to
<br />Lender, fncluding without limitation a guaranty of all or part of the Note.
<br />Hezardous Substances. The words "Wazardous Substances" mean meterials thet, because of their quantlty,
<br />concantretion or physical, chemical or infectious characteristics, mey cause or pose a present or potential hezard
<br />to humen health or the environment when improperly used, treated, stored, disposed of, generated, manufectured,
<br />trensported or otherwise handled. The words "Hazerdous Substances" are used in their very broadest sense and
<br />include w(thout limitation any and all hazardous or toxic substances, materials or waste es deflned by or listed
<br />under the Environmental Lews. The term "Hazardous Substances" elso includes, without limitation, petroleum and
<br />petroleum by-products or any fraction thereof and asbestos.
<br />ImprovemeMS. The word "Improvements" means all existing and future improvements, buildings, structures,
<br />mobile homes affixed on the Real Property, facilities, additions, replacements end other construction on the Real
<br />Property.
<br />Indebtedness. The word "Indebtedness" means all principal, interest, an�i .other amounts, costs and expenses
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