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. <br />Loan No: 107254792 <br />�. <br />DEED OF TRUST 2 012 0 5 7 7 � <br />(Continued) <br />Page 8 <br />any Ilen which has prtority over this Deed of Trust ahell be aent to Lender's address, ea shown near the beginning of <br />this Deed of Trust. Any person may change his or her eddress for notices under thia Deed of Truat by giving formal <br />wrftten notice to the other peraon or persona, specifying thet the purpose of the notice is to chenge the person's <br />address. For notice purposes, Trustor agrees to keep Lender informed et all times of Truator's current eddress. Unless <br />otherwise provided or requfred by law, if there is more than one Trustor, any notice given by Lender to eny Trustor is <br />deemed to be notice given to all Trustora. It will be Trustor's responsibil(ty to tell the others of the notice from Lender. <br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a pan of this Deed of Trust: <br />Amendments. What is written in this Deed of Trust and in the Releted Documents is Trustor's entire agreement <br />with Lender concerning the matters covered by this Deed of Trust. To be effective, any change or amendment to <br />this Deed of Trust must be fn writing end must be signed by whoever will be bound or obUgated by the change or <br />amendment. <br />Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be <br />used to interpret or define the provisions of this Deed of Trust. <br />Merger. There shall be no merger of the interest or estate created by this Deed of Trust with eny other interest or <br />estate in the Property at any tima held by or for the benefit of Lender in eny cepeclty, without the written conaent <br />of Lender. <br />Cioverning Lew. This Deed of Trust will be governed by federel law appliceble to Lender end, to the extent not <br />preempted by federal law, the laws of the Stete of Nebraska wlthout regard to its conflicts of law provisions. Thls <br />Deed of Trust has been eccepted by Lender in the Stete of Nebraska. <br />Choice of Venue. If there is a tawsuft, Trustor agrees upon Lender's request to aubmit to the jurisdiction of the <br />courts of Hall County, Stete of Nebreske. <br />Joint and Several Liability. All obllgat(ons of Trustor under this Deed of Trust ahall be joint and aeveral, end all <br />references to Trustor shall mean each and every Trustor. This means thet each Trustor signing below is <br />responsible for all obligationa in this Deed of Trust. <br />No Waiver by Lender. Trustor understends Lender will not give up any of Lender's rights under this Deed of Truat <br />unless Lender does so in writing. The fact that Lender delays or omits to exerciae any right will not mean that <br />Lender has given up that r(ght. If Lender does agree in writing to give up one of Lender's rights, thet does not <br />mean Trustor will not have to comply with the other provisiona of this Deed of Truat. Trustor also underatands <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 understands that just beceuse Lender consents to one or more <br />of Trustor's requests, that does not mean Lender will be required to consent to eny of Trustor's future requests, <br />Trustor weives presentment, demand for payment, protest, and notice of dishonor. <br />Severability. If a court f(nds that any provision of this Deed of Trust is not veUd or should not be enforced, thet <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 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 successora and assigns. If <br />ownership of the Properry becomes vested in a person other than Trustor, Lender, without notice to Trustor, mey <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 performance of this Deed of Trust. <br />Waiver of Homestead Exemption. Trustor hereby releases and weives all rights end benefita of the homeatead <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 />Beneflciary. The word "Beneficiary" tneans Five Points Bank, and its successors and essigns. <br />Borrower. The word "Borrower" mearls ROGER A CLINE and ELIZABETH E CLINE and includes all co-signers and <br />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 emong Trustor, Lender, and Trustee, end <br />includes without Ifmitetion all assignment and security interest provisions relating to the Personal Property and <br />Rents. <br />Environmental Laws. The words "Environmentel Lews" mean any and all stete, federal and locel statutes, <br />regulations and ordinances relating to the protection of human health or the environment, including without <br />limitation the Comprehensive Environmentel Response, Compensetion, and Liability Act of 1980, as 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 Hazardous Meteriels Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource <br />Conservation end Recovery Act, 42 U.S.C. Section 6901, et seq., or other appliceble etate or federet laws, rules, <br />or regulations adopted pursuent thereto. <br />