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Loan No: 101257432
<br />DEED OF TRUST � 0�� O� O� J
<br />(Continued) Page 9
<br />receipts from the Property less all cesh expenditures made in connection with the operation of the Property.
<br />Captton Headings. Ception headings in this Deed of Trust are for convenience purposes only and ere 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 estete created by this Deed of Trust with any other interest or
<br />estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent
<br />of Lender.
<br />Governing Law. This Deed of Trust will be govern�d by federal law applicable to Lender and, to the extent not
<br />preempted by federal law, the laws of the State of Nebreske without regard to tts conflicts of lew provisions. This
<br />Deed of Trust has been accepted by Lender in the State of Nebraska.
<br />Choice of Venue. If there is a lewsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the
<br />courts of Hell County, State of Nebraska.
<br />Joint and Several Liability. 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 thet each Trustor signing below is
<br />responsible for alI obligations in this Deed of Trust.
<br />No Weiver by Lender. Lender shall not be deemed to have waived any righta under this Deed of Truat unless such
<br />waiver ia given in writing and sfgned by Lender. No delay or omission on the part of Lender in exercising any right
<br />shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust
<br />shall not prejudice or constltute e weiver of Lender's right otherwise to demand strict compliance with that
<br />provision 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 a waiver of any of Lender's rights or of any of Trustor's obligations
<br />as 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 any instance shall not constitute continuing consent to subsequent instences where
<br />such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender.
<br />Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or
<br />unenforceable as to any person or circumstance, thet finding shall not make the offending provision illegal, invalid,
<br />or unenforceable as to any other person or circumstance. If feasible, the offending provision shall be considered
<br />modifled so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall
<br />be considered deleted from this Deed of Trust. Unless othervvise required by law, the illegality, invalidity, or
<br />unenforceability of any provision of this Deed of Trust shall not affect the legelity, validity or enforceability of any
<br />other provision of this Deed of Trust.
<br />Successors and Assigns. Subject to eny limitations stated in this Deed of Trust on transfer of Trustor's interest,
<br />this Deed of Trust shali be binding upon and inure to the benefit of the parties, their successors and assigns. If
<br />ownership of the Property becomes vested in e peraon other then 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 forbearance or
<br />extension without releasing Trustor from the obligetions 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 waives ell 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 capitelized words end terms shall heve the following meanings when used in this Deed of
<br />Trust. Unless specificelly stated to the contrary, ell references to dollar amounts shall mean amounts in lawful money
<br />of the United Stetes of America. Words and terms used in the singular shall include the plural, and the plural shall
<br />include the singular, as the context may require. Words end terms not otherwise defined in this Deed of Trust shall
<br />have the meanings attributed to such terms in the Uniform Commercial Code:
<br />Beneficiary. The word "Beneticiary" means Five Points Bank, end its successors and assigns.
<br />Borrower. The word "Borrower" means DENNIS BRUNS end ANN BRUNS and includes all co-signers and
<br />co-makers signing the Note and all their successors and assigns.
<br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust emong Trustor, Lender, end Trustee, and
<br />includes without limitation all assignment and security interest provisions relating to the Personel Property and
<br />Rents.
<br />Default. The word "Default" means the Default set forth in this Deed of Trust in the section titled "Defeult".
<br />Environmerrtal Laws. The words "Environmental Laws" mean any end all state, federal and local statutes,
<br />reguletions and ordinances relating to the protection of human health or the environment, including without
<br />limitetion the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as emended, 42
<br />U.S.C. Section 9601, et seq. ("CERCLA"1, the Superfund Amendments and Reauthorization Act of 1986, Pub. L.
<br />No. 99-499 ("SARA"), the Hezardous Meterials 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 regulations adopted pursuant thereto.
<br />Event of Defauk. The words "Event of Default" mean any of the events of defeult set forth in this Deed of Trust in
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