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<br />�' `�� � DEED OF TRUST 2 0�. 2 0 4 7 7�
<br />� � �;
<br />Loan No: 101253466 (Continued)
<br />Page 9
<br />Merger. There shall be no merger of the interest or estete created by this Deed of Truat with any other interest or
<br />estate in the Property at any time held by or for the benefit of Lender in eny capacity, without the written consent
<br />of Lender.
<br />Governing Law. This Deed of Trust wlll be governed by federal law applicable to Lender and, to the exterrt not
<br />preempted by federal law, the laws of the State of Nebraske without ragard to ks co�flicts of law provisiona. This
<br />Deed of Trust has been accepted by Lender in tha State of Nebraske.
<br />Choice of Venue. If there is a lawsuit, Trustor egrees upon Lender's request to submit to the jurisdiction of the
<br />courts of Hall County, State of Nebraske.
<br />Jotrn and Several Liabtlity. All obligations of Trustor under this Deed of Trust shall be joint and severel, end all
<br />references to Trustor shall mean each end every Trustor. This means that each Trustor signing below is
<br />responsible for all obligations in this Deed of Trust.
<br />No Waivar by Lendar. Lender shall not be deemed to heve waived eny rights under this Deed of Trust unless such
<br />waiver is given in writing and signed by Lender. No delay or omtssion on the part of Lender in exercising eny right
<br />shall operate as a waiver of such right or any other right. A waiver by Lender of a proviston of this Deed of Trust
<br />shell not prejudice or constitute a weiver of Lender's right otherwise to demand strict complience with thet
<br />proviston or eny other provision of this Deed of Trust. No prior weiver by Lender, nor any course of dealing
<br />between Lender and Trustor, shall constitute e weiver of any of Lender's rights or of any of Trustor's obligations
<br />es to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the grenting
<br />of such consent by Lender in eny instance shell not conatitute continuing consent to eubsequent instances where
<br />such consent is required end in all cases such consent mey be granted or withheld in the sole discretion of Lender.
<br />Severability. If e court of competent jurisdiction finds any provision of this Deed of Trust to be illegel, invalid, or
<br />unenforceeble as to eny person or circumstance, thet finding shall not make the offending provision illegel, invalid,
<br />or unenforceable es to any other person or circumstence. If feasible, the offending provision shell be considered
<br />modifled so that it becomes legel, valid and enforceable. If the offending provision cannot be so modiffed, it shell
<br />be considered deleted ftom this Deed of Trust. Unleas otherwise required by law, the illegality, inveltdity, or
<br />unenforceability of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of eny
<br />other provision of this Deed of Trust.
<br />Successors and Assigns. Subject to any Iimitetions stated in this Oeed of Trust on transfer of Trustor's interest,
<br />this Deed of Trust shell be binding upon and inure to the beneflt of the parties, their successora end asslgns. If
<br />ownership of the Property becomes vested in a 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 way of forbearence or
<br />extension without releasing Trustor from the obligations of this Deed of Trust or liability under the Indebtedness.
<br />Time is of the Essence. Time is of the essence in the pertormence of this Deed of Trust.
<br />Weiver of Homestead Exemptlon. Trustor hereby releasea end weives all rights and beneflts of the homestead
<br />exemption laws of the Stete of Nebraska as to ell Indebtedness secured by this Deed of Trust.
<br />DEFINRIONS. The following capitalized words and terms shell have the following meanings when used in this Deed of
<br />Trust. Unless specifically stated to the contrary, ell references to dollar emounts shell mean amounts In lawful money
<br />of the United Stetes of America. Words end terms used in the singular shall include the plurel, and the plural shell
<br />include the singuler, as the context may require. Words end terms not otherwfse defined in this Deed of Truat shall
<br />have the meanings ettributed to such terms in the Unifarm Commerciat Code:
<br />Beneflciery. The word "Beneficiery° means Five Potnts Benk, and its successors and essigns.
<br />Borrower. The word "Borrower" means NATHAN V MILLER and CHRISTINA M MILLER and includes all co-signers
<br />end co-makers signing the Note and all their successors end 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 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 />Environmentel Lews. The words °Environmental Laws" mean eny and all state, federal and locel stetutes,
<br />regulations end ordinances relating to the protection of human health or the environment, including without
<br />limitation the Comprehensive Environmental Response, Compensetion, and Liebility Act of 1980, as amended, 42
<br />U.S.C. Section 9601, et seq. ("CERCLA"1, the Superfund Amendments end Reauthorization Act af 1986, Pub. L.
<br />No. 99-499 ("SARA"1, the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource
<br />Conservetion and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules,
<br />or reguletions adopted pursuant thereto.
<br />Event of Default. The words "Event of Defeult" mean any of the events of default set forth in thia Deed of Trust in
<br />the events of default section of this Deed of Trust.
<br />Exlsting Indebtedness. The words °Existing Indebtedneas° mean the indebtedness described in the Existing Liens
<br />provision of this Deed of Trust.
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