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;. .. �� , , Loen No: 101258590 DEED OF TRUST � 012 0 916 � (Continued) MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: Page 9 Amendmer�. This Deed of Trust, together with any Related Documents, constitutes the entire understanding end agreement of the parties as to the metters set forth in this Deed of Trust. No alteration of or emendment to this Deed of Trust shall be effective unless given in writing end signed by the party or parties sought to be charged or bound by the elteration or amendment. Annual Reports. If the Property is used for purposes other than Trustor's residence, Trustor shall furnish to Lender, upon request, e certified statement of net operating income received from the Property during Trustor's previous fl�pal year in such form end detail as Lender shall require. "Net operating income" shall mean all cesh receipts ?rpm the Property less all cash expenditures mede in connection with the operation of the Property. Captlon Headings, Caption headings in this Deed of Trust ere for convenience purposes only and are not to be used to interpret or define the provisions of this Deed of Trust. Merger. Therq shell be no merger of the interest or esteie created by this Deed of Trust with any other interest or eatete (n the Property et any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Qoveming Lew. Thts paed af Trust wlll be govemed by federal law applicable to Lend�r and, to the extent not preempt�d by t�derel lew, the laws of the State of Nebraske without regard to its conflicts of law provisions. Thls Deed of T►uat hae beefl acoep#ed by Lender In the State of Nebraska. Choiae of Venue. If there la a lawauit. Trustor egrees upon Lender's request to submit to the jurisdiction of the courta o� Buffelo County, State ot Nebraska. Joint end $everel Liebtlity. All obUgations of Borrower end Trustor under this Deed of Trust shall be joint and several, end ell referencea to Trustor shall mean each and every Trustor, and all references to Borrower shall mean each end every Borrower. This means that each Trustor signing below is responsible for all obllgatlons in this Deed of Trust. No Waiver by Lender. Lender shall not be deemed to have waived eny rights under this Deed of Trust unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising eny right shell operete es e waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust shell not prejudlce or conatitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provisfon of this Deed of Trust. No prior waiver by Lender, nor any course of dealing hetween Lender end Trustor, shall constitute a waiver of any of Lender's rights or of any of Trustor's obligations as to any future trensections. Whenever the consent of Lender is required under this Deed of Trust, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be grented or withheld in the sole discretion of Lender. Severability. If a court ofi competent jurisdiction finds any provision of this Deed of Trust to be illegal, invelid, or unenforceable as to any circumstance, that tinding shall not make the offending provision fllegal, invalid, or unenforceable ea to any other circumstance. If feasible, the offending provision shell be considered modlfled so that it becomes legel, velid and enforceeble. If the offending provision cannat be so modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invelidity, or unenforceability of any provision of this Deed of Trust shall not affect the legality, velidity or enforceability of any other provision of this Deed of Trust. Successora end Asaigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor's interest, this Deed ot Trust shall be binding upon and inure to the benefit of the parties, their successors and essigna. If ownerahip of the Property becomes vested in a person other than Trustor, Lender, without notice to Trustor, mey deal with Truator's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Trustor from the obligations of this Deed of Trust or liability under the Indebtedness. Time Is of the Esaence. Time is of the essence in the performance of this Deed of Trust. Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead exemption laws ot the State of Nebraska as to all Indebtedness secured by this Deed of Trust. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of Trust. Un�ess specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United Stetes of America. Words and terms used in the singular shall include the plural, and the plural shell include the singuler, as the context may require. Words and terms not otherwise defined in this Deed of Trust shelt have the meanings attributed to such terms in the Uniform Commercial Code: Beneflctery. The word "Beneficiary" meana Five Points Bank, and its successors and assigns. Borrower. The word "Borrower" means WILLIAM J DIBBERN REVOCABLE TRUST DATED 72-8-2011 and WILLIAM J DIBBERN and includes all co-signers and co-makers signing the Note and all their successors and assigns. Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and includes without limitetion ell assignment and security interest provisions relating to the Personal Property end Rents.