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07-15--1997 DEED OF TRUST Page 6 Loan No 516146 (Continued) 0-7-- 105713 Annual Reports. If the Property is used for purposes other than Trustou's residence, Trustor shad furnish to Lender, upon request, a certified statement of net operating income received from the Property during Trustor's previous fiscal year In such form and detalf as Lender shelf require. "Nat operating income" shag mean all cash receipts from the Property less all cash expenditures made in connection with the operation of the Property. Applicable Law. This Deed of Trust has been delivered to Lender and accepted by Lender in the Stair of Nebraskr. This Deed of Trust shall be governed by and construed In accordance with the taws of the State of Habra" Caption Headings. Caption headings h thtis Deed of Trust are for convenience purposes only and are not to be used to Interpret or define the provisions of this Deed of Trust. Merger. There shag be no merger of the Interest or estate created by Ihts Deed of Trust with any other Interest or estate In the Property at any lime held by or for the benefit of Lander In any capacity, without the written consent of Lender. Multiple Parties; Corporate Authority. AN obligations of Trustor under this Deed of Trust shelf be joint and several, and all references to Trustor shag mean each and every Trustor. This means that each of the persons signing below Is responsible for all obligations in this Deed of Trust. Severabiuty. It a court of competent jurisdiction finds any provision of this Deed of Trust to bo Invalid or unenforceable as to any person or circurttstarh;% such finding shag not render that provlslon Invalids or unenforceable as to any other persons or elmumatanoes. If feasible, any such offending provision shag be deemed to be modified to be within the limits of enforceability or validity; however, If the off f-utding provision cannot be so modified, it shag be stricken and all otter provisions of this Deed of Trust In all other respects ahalf remain valid and snforeeable. Successors and Ass Wm Subject to the limitations stated in this Dead of Trust on Vander of Trustor's interest, this Deed of Trust shag be binding upon and Inure to the benefit of the parties, their successors and assigns. If ownerahip of the Property becomes vested In a person other than Trustor, under, without notice to Trustor, may deal with Trustor's suooessors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Trustor from this obligations of this Dead of Trust or liability under the Indebtedness. Time Is of the Essence. Time Is of the essence In the performance of lists Deed of TrusL Waivers and Consents. Lender shall not be deemed to have waived any dghss under this Deed of Trust (or under the Aelated Documents) unless such waiver is in writing and signed by Lender. No delay or omission on the part of Lender In exorcising any right shall operate as ■ waiver of such right or any other right. A waiver by any party of a provision of this Deed of Trust shall not constitute a waiver of or prejudice the party's rtghl otherwise to demand strict compliance with that provision or any other provision. No prior waiver by Lender, nor any course of dealing between Lender and Trustor, shag constitute a waiver of any of Lender's rights or any of Trustor's obllgations as to any future transactions. Whenever consent by Lender Is required In this Deed of Trust, the granting of such consent by Lender In any Instance shelf not constitute continuing consent to subsequent Instances where such consent Is required. Waiver of Homestead Exemption. Trustor hereby releases and waives fig rights and benefits of the homestead exemption laws of the State of Nebraska as to all Indebtedness secured by this. Deed of Trust. EACH TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH TRUSTOR AGREES TO ITS TERMS. TRUST0 J.LL. ASP AVING CO. r eye.. J Y ATKIAIDffft -RONALD B. BALDWIN, SECRRETAR TREARREAt CORPORATE ACKNOWLEDGMENT STATE OF WT X b ) ) af;< j COUNTY OF 1-4 4l^ On this 1 ' day of S~ w Y 19 before me, the undersigned Notary Public, personally appeared JERRY ATKINS, PRESIDENT; and RONALD B. BALDWIN, SECRETARY, TREASURER of J.Il. ASPHALT PAVING CO., and known to me to be authorized agents of the corporation that executed the Deed of Trust and acknowledged the Deed of Trust to be the free and voluntary act and dead of the corporation, by authority of Its Bylaws or by resolution of Its board of directors, for the uses and purposes therein mentioned, and on oath stated that they firs authorized to execute this Deed of Trust and In fact executed the Dad of Trust on behalf By NERAL NOIARY•Stsle of Nebruki Notary Ile lnfed for tats of p DICK D, NIETFELD Residing et My Comm. Erp.1in, 20.2001 My commlaslon expires t