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Loan No: 101254111
<br />DEED OF TRUST 2 012 � 5 3 5 u
<br />(Continued)
<br />Page 8
<br />preempted by federel law, the laws of the Stete of Nebreska without regard to tts confllcts of law provisions. This
<br />Deed of Trust has been accepted by Lender in the Stete of Nebraske.
<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 />Joint end Several Llebility. All obligations of Trustor under this Deed of Trust shall be joint and several, and all
<br />references to Trustor shall mean each and every Trustor. This means that each Trustor signing below is
<br />responsible for all obligations in this Deed of Trust.
<br />No Waiver by Lender. Trustor understands Lender will not give up any of Lender's rights under thia Deed of Trust
<br />unless Lender does so in writing. The fact that Lender delays or omits to exercise any right will not mean thet
<br />Lender has given up that right. If Lender does agree in writing to give up one of Lender's rights, that does not
<br />mean Trustor will not Nave to comply with the other provisions of this Deed of Trust. Trustor also understands
<br />that if Lender does consent to a request, that does not mean that Trustor will not have to get Lender's consent
<br />egain if the situation happens again. Trustor further understands that just beceuse Lender consents to one or more
<br />of Trustor's requests, that does not mean Lender wili be required to consent to any of Trustor's future requests.
<br />Trustor waives presentment, demand for paymeY�t, protest, and notice of dishonor.
<br />Severebility. If a court finds that any provision of this Deed of Trust is not velid or should not be enforced, that
<br />fact by itself will not mean thet the rest of this Deed of Trust will not be velid or enforced. Therefore, a court will
<br />enforce the rest of the provisions of this Deed of Trust even if a provision of thia Deed of Trust mey be found to be,
<br />invalid or uhenforceable.
<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 assigns. 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 tl9is Deed of Trust end the Indebtedness by way of forbearance 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 ih the performance of this Deed of Trust.
<br />Waiver of Homestead ExempUon. Trustor hereby releases and waives all rights and benefits of the homestead
<br />exemption laws of the State of Nebraska es to all Indebtedness secured by this Deed of Trust.
<br />DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust:
<br />Beneficiary. The word "Beneficiary" means Five Points Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means JAMES D GOQDWIN and COLLEEN M GOODWIN and includes ell
<br />co-signers and co-makers signing the Note end 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 assignment and security irlterest provisions relating to the Personal Property and
<br />Rents.
<br />Environmental Laws. The words "ErSvironmental Lews" mean any and all state, federal end local stetutes,
<br />regulations and ordinances relating to the protection of human health or the eAvironment, including without
<br />limitation the Comprehensive Enviror�rnental Response, Compensation, a�d Liabiliry Act of 1980, as amended, 42
<br />U.S.C. Section 9601, et seq. ("CERCLA"1, the Superfund Amendfnents and Reauthorizatfon Act of 7986, Pub. L.
<br />No. 99-499 ("SARA"), the Hezerdous Materials 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, rules,
<br />or reguletions adopted pursuant thereto.
<br />Event of Default. The words "Event of Defeult" mean eny of the events of defeult set forth in this Deed of Trust in
<br />the events of default section of this Deed of Trust.
<br />Hezardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity,
<br />concentretion or physicai, chemical or infectious characteristics, may cause or pose a present or potential hazerd
<br />to human health or the envirorlment when improperly used, treated, stored, disposed of, generated, manufactured,
<br />transported or otherwise handled. The words "Mazardous Substances" are used in their very broadest sense and
<br />include without limitetion any and all hazardous or toxic substences, rttaterials or waste es defined by or listed
<br />under the Environmental Laws. Tha term "Hazerdous Substances" also includes, without I(mitation, petroleum and
<br />petroleum by-products or any fraction thereof and asbestos.
<br />Improvements. The word "Improvements" means all existing and future improvements, buildings, structures,
<br />mobile homes affixed on the Real Property, facilities, additions, replecements and other construction on the Real
<br />Property.
<br />Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs end expenses
<br />payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of,
<br />consolidetions ot and substitutions for the Note or Related Documents and any amounts expended or advanced by
<br />Lender to discharge Trustor's obligations or expenses incurred by Trustee or Lender to enforce Trustor's
<br />obligations under this Deed of Trust, together with interest on such amounts as provided in this Deed of Trust.
<br />Specifically, without limitation, Indebtedness includes the future advances set forth in the Future Advances
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