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�� DEED OF TRUST � 0�- 2 0 917 �
<br />Loan No: 10125�593' (Continued) Page 9
<br />preempted by federal law, the laws of the State of Nebraska without regard to its conflicts of law provislons. Thls
<br />Deed of Trust has been eccepted by Lender In the State of Nebreska.
<br />Choice of Venue. If there is e lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the
<br />courts of Buffelo County, State of Nebraska. "
<br />No Weiv�r by Lender. Lender shall not be deemed to heve waived any rights under this Deed of Trust unless such
<br />waiver is given in writing end signed by Lender. No delay or omission on the part of Lender in exercising eny right
<br />shell operate es a waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust
<br />shell not prejudice or constltute a weiver of Lender's right otherwise to demend strict compliance with that
<br />provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing
<br />between Lender and Truator, shall constitute e weiver of any of Lender's rights or of eny of Trustor's obligations
<br />es to any future trensections. Whenever the consent of Lender is required under this Deed of Trust, the granting
<br />of such conaent by Lender in any instence shall not constitute continuing consent to subsequent instences where
<br />auch consant is required and in all cases such consent may be granted or withheld in the sole discretion of Lender.
<br />Severabllity. If e court of competent jurisdiction finds any provision of this Deed of Trust to be illegel, invalid, or
<br />unenforceable as to eny circumstance, that finding shall not make the offending provision illegal, invalid, or
<br />unenforceable as to eny other circumstance. If feasible, the offending provision shell be considered modified so
<br />that it becomes legel, valld and enforceable. If the offending provision cannot be so modified, it shall be
<br />considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invelidity, or
<br />unenforceability of any proviaion of this Deed of Trust shell not affect the legality, velidity or enforceability of any
<br />other provlsion of thls Deed of Trust.
<br />Successora erid Aasiens. Subject to eny limitations stated in this Deed of Trust on transfer of Trustor's interest,
<br />this Deed of Trust ahell be binding upon end inure to the benefit of the parties, their successors end essigns. If
<br />ownership of the Property becomes vested in e person other then Trustor, Lender, without notice to Trustor, may
<br />deal with Trustor's successors with reference to this Deed of Trust end the Indebtedness by wey 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 Eesence. Tfine is of the essence in the performance of this Deed of Trust.
<br />Waiver of Homesteed Exemptlon. Trustor hereby releases and waives all rights and benefits of the homestead
<br />exemption lewa of the Stete of Nebraske as to all Indebtedness secured by this Deed of Trust.
<br />DEFINITIONS. The following capitaUzed words and terms shall have the following meanings when used in this Deed of
<br />Trust. Unless speciflcally stated to the contrery, ell references to dollar amounts shall mean amounts in lewful money
<br />of the United States of Amerlce. Words and terms used in the singular shall include the plural, end the plurel shall
<br />include the singular, as the context may require. Words and terms not otherwise defined in this Deed of Trust shall
<br />heve the meanings att�ibuted to such terms in the Uniform Commerciel Code:
<br />B�neficiary. The word "Beneficiary" means Five Points Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means DAVID H DIBBERN and includes ell co-signers and co-makers signing the
<br />Note and ell their successors end essigns.
<br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and
<br />includes wlthout limitation all essignment and security interest provisions relating to the Personal Property and
<br />Rents.
<br />Defeult. The word "Default" means the Default set forth in this Deed of Trust in the section titled "Default".
<br />Environme�rtel Lews. The words "Environmental Lews" mean eny and all state, federal and local statutes,
<br />regulations and ordinences relating to the protection of human health or the environment, including without
<br />limitetion the Comprehensive Environmental Response, Compensation, end Liability Act of 1980, as amended, 42
<br />U.S.C. Section 9601, et seq. ("CERCLA"1, the Superfund Amendments end Reauthorization Act of 1986, Pub. L.
<br />No. 99-499 ("SARA"), the Hezardous Materials 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 epplicable state or federal laws, rules,
<br />or regulations edopted pursuant thereto.
<br />Event of D�fault. The words "Event of Default" mean any of the events of default set forth in this Deed of Trust in
<br />the events of defeult section of this Deed of Trust.
<br />Exiating Indebtednesa. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens
<br />proviaion of this Dead of Trust.
<br />Guarenty. The word "Guarenty" means the guaranty from guarentor, endorser, surety, or accommodation party to
<br />Lender, including without limitetion a gueranty of all or part of the Note.
<br />Hezerdous Substancea. The words "Hezerdous Substances" mean materials that, because of their quantity,
<br />concentretion or physicel, chemicel or infectious characteristics, may cauae or pose a present or potent(al hezard
<br />to human health or the environmant when improperly used, treated, stored, disposed of, generated, manufectured,
<br />trensported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and
<br />include without limitation any and all hezardous or toxic substances, materials or weste as defined by or listed
<br />under the Environmental Laws. The term "Hazerdous Substences" elso includes, without limitetion, petroleum end
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