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� DEED OF TRUST 2 012 0"� 6�� . �•
<br />Loan No: 101255986 (Continued) Page 8
<br />preempted by federal law, the laws of the State of Nebraske without regard to its confltcts of law provisions. This
<br />Deed of Trust has been accepted by Lender in the State of Nebreska.
<br />Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurlsdiction of the
<br />courts of Hall County, State of Nebraska.
<br />Joint and Several Liability. All obligations of Trustor under this Deed of Trust shall be joint and several, end 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 understends 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 eny right will not mean that
<br />Lender hes given up thet right. If Lender does agree in writing to give up one of Lender's rights, thet does not
<br />mean Trustor will not heve to comply with the other provisions of this Deed of Trust. Trustor also understands
<br />that if Lender does consent to a request, thet does not mean that Trustor will not have to get Lender's consent
<br />again if the situation happens again. Trustor further understands that Just because Lender consents to one or more
<br />of Trustor's requests, that does not mean Lender will be required to consent to any of Trustor's future requests,
<br />Trustor weives presentment, demand for payment, protest, and notice of dishonor.
<br />Severability. If e court finds thet any provision of this Deed of Trust is not velid 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, e court will
<br />enforce the rest of the provisions of this Deed of Trust even if a provision of this Deed of Trust mey be found to be
<br />invalid or unenforceable.
<br />Successors and Assigns. Subject to any limitetions 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 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 liebility 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 waives all rights and benefits of the homestead
<br />exemption laws of the Stete of Nebraska as 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 />Beneftciary. The word "Beneficiary" means Five Points Benk, and its successors end assigns.
<br />Borrower. The word "Borrower" means LARRY R BAUMGARTNER and MAXINE M BAUMGARTNER end includes
<br />all co-signers and co-makers signing the Note and all their successors end essigns.
<br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust emong Trustor, Lender, and Trustee, and
<br />includes without limitation ell assignment and security interest provisions relating to the Personal Property and
<br />Rents.
<br />Environmental Laws. The words "Environmental Lews" mean any and all state, federal and locel statutes,
<br />regulations and ordinances relating to the protection of human health or the environment, including without
<br />limitation the Comprehensive Environmental 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"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 stete or federal lawa, rules,
<br />or regulations adopted pursuant thereto.
<br />Event of Default. The words "Event of Default" mean any 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 />Hazardous Substances. The words "Hazardous Substences" mean materials that, beceuse of their quantity,
<br />concentration or physical, chemical or infectious cherecteristics, may cause or pose a present or potential hazard
<br />to human health or the environment when improperly used, treated, stored, disposed of, generated, menufactured,
<br />transported or otherwise handled. The words "Hazerdous Substances" are used in their very broadest sense and
<br />include without limitation any and all hazardous or toxic substances, meterials or waste as defined by or listed
<br />under the Environmentai Laws. The term "Hazerdous Substances" also includes, without limitation, petroleum and
<br />petroleum by-products or any fraction thereof and asbestos.
<br />Improvements. The word "Improvements" means all existing and future improvements, buitdings, structures,
<br />mobile homes effixed on the Real Property, facilities, additions, replecements and other construction on the Real
<br />Property.
<br />Indebtedness. The word "Indebtedness" means all pr(ncipel, interest, end other emounts, costs and expenses
<br />payable under the Note or Related Documents, together with ell renewals of, e�ctensions of, modifications of,
<br />consolidations of and substitutions for the Note or Related Documents and any amounts expended or advenced by
<br />Lender to discharge Trustor's obligatlons or expenses incurred by Trustee or Lender to enforce Trustor's
<br />obligations under this Deed of Trust, together with (nterest on auch amounts es provided in this Deed of Trust.
<br />Specifically, without limitation, Indebtedness includes the future advences set forth in the Future Advances
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