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� DEED OF TRUST 2 012 0 5 5 9�
<br />Loan No: 101253625 (Continued) Page 8
<br />Governing Law. This Deed of Trust will be govemed by federal law appllcable to tender and, to the extent not
<br />preempted by federal law, the laws of the State of Nebraska without regard to its conflicts of lew proyisions. This
<br />Deed of Trust has been accepted by Lender in the State of Nebraska.
<br />Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdictiorl of the
<br />courts of Hell County, State of Nebraska.
<br />No Waiver by Lender. Trustor understands Lender will not give up any of Lender's rights under this Deed of Trust
<br />unless Lender does so in writing. The fact that Lender delays or omits to exercise any right will not mean that
<br />Lender has given up that right. If Lender does agree in writing to give up orie of Lender's rights, that does not
<br />mean Trustor will not have to cbmply with the other provisions of this Deed of Truat. 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 />again if the situation happens agein. Trustor further ur�derstands that just because Lender consents to one or more
<br />of Trustor's requests, that does not mean Lender w(II be required to consent to any of Trustor's future requests.
<br />Trustor waives presentment, demand for payment, protest, and notice of dishonor.
<br />Severability. If a court finds that eny provision of this Deed of Trust is not valid or should not be enforced, that
<br />fact by itself will not mean that the rest of this Deed of Trust will not be valid or enforced. Therefore, a court will
<br />enforce the rest of the provisions of this Deed of Trust even if a provision of this Deed of Trust may be found to be
<br />invalid or unenforceable.
<br />Successors and Assigns. Subject, to any limitations stated irl this Deed of Trust on transfer of Trustor's interest,
<br />this Deed of Trust shall be binding upon end 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 this Deed of Trust end the Indebtedness by way of forbearence or
<br />extension without releasing Trustor from the obligations of this Deed of Trust or liability under the Indebtedneas.
<br />Time is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br />Waiver of Homestead F�cemption. Trustor hereby releases end weives all rights end benefits of the homestead
<br />exemption laws of the State of Nebraska as to alI 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 su�cessors and assigns.
<br />Borrower. The word "Borrower" means CLINTON E CUNNINGHAM and includes all co-signers and co-makers
<br />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 end security interest provisions relating to the Personal Property and
<br />Rents.
<br />Environmental Laws. The words "Environmentai Laws" mean any and all state, federal and local stetutes,
<br />regulations and ordinances relating to the protection of huPnan health or the env(ronenent, including wlthout
<br />limitation the Comprehehsive Environmental ftesponse, Compensation, and Liability Act of 1980, as amended, 42
<br />U.S.C. Section 9601, et seq. ("CERCLA"1, the Superfund Ai'rtendments and Reauthorizetion Act of 1986, Pub. L.
<br />No. 99-499 ("SARA"1, the Hazardous Materials Trensportation Act, 49 U.S.C. Section 1801, et seq., tha Resource
<br />Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other appliceble state or federal laws, rules,
<br />or regulations adopted pursuant thereto.
<br />Event of Default. The words "Event of Default" mean eny of the events of default set forth in this Deed of Trust ir1
<br />the events of defeult section of this Deed of Trust.
<br />Hazardous Substances. The words "Hazardous Substances" rY�ean materials that, beceuse of their quentity,
<br />concentration or physicel, chemical or infectious characteristics, may cause or pose e present or potehtial hazard
<br />to human health or the environment when improperly used, treated, stored, disposed of, generated, manufectured,
<br />transported or otherwise handled. The words "Wazardous Substahces" ere used in their very broadest sense and
<br />include without limitetion any and all hazardous or toxic substances, materials or waste as defined by or listed
<br />uhder the Environmentel Laws. The term "Hazerdous Substances" also includes, without Iimftation, petroleum and
<br />petroleum by-products or any frection thereof and asbestos.
<br />Improvements. The word "Improvements" meens 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 and expenses
<br />payable under the Note or Related Documents, together with all renewals of, extensions of, modificetions of,
<br />consolidations of and substitutions for the Note or Releted Documents end 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 advences set forth in the Future AdvanCes
<br />provision of this Deed of Trust, togetfier with all interest thereon.
<br />Lender. The word "Lender" means Five Points Bank, its successors and assigns, The words "successors or
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