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201301591 DEED OF TRUST Loan No: 101261779 I(Continued) Page 9 MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: Amendments. Third Deed of Trust, together with any Related Documents, csnetltutes the entire understanding and agreement of the parties es tie the matters set forth In this Deed of Trust. No alteration of or emandment to this Deed of Trust shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property is used for purposes other then Trustor; residence, Truster shall furnish to Lender, upon request, a certified statement bf net operating Income received from the Property during Trustor's previous fiscal year In such form and detail as Lender shall require. "Net operating Income" shall mean all cash receipts horn the Property leas all cash expenditures made In connection with the operation of the Property. Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are riot to be used to interpret or define the provisions of this Deed of Trust. Merger. There shall be no merger of the interest Or estate created by this Dead of Trust with any ether interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender, Governing Law. This Deed of Trust will be (governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of Nebraska without regard to its conflicts of law provisions. This Dead of Trust has been accepted by Lender in the State of Nebraska. Choice of Venue. if there Is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the courts of Hall County, State of Nebraska. Joint and Several Liability. All obligations of Borrower and Trustor under this Deed of Trust shall be joint and several, end all references to Trustor shall mean each and every Trustor, and all references to Borrower shall mean each and every Borrower. This means that each Trustor signing below is responsible for all obligations In this Deed of Trust, No Waiver by Lender. Lender shall not be deemed to have waived any 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 any right shall operate as a waiver of such right or any other right, A waiver by Lender of a provision of this Deed of Trust shall not pre udica or eonbtltute p waiver of Lender's right otherwise to demand strict compliance with that provision, or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing between Lender and Trustor, shell constitute a waiver of any of Lender's rights or of any of Trustor's obligations as to any future transactions. 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 rney be greeted or withheld in the sole discretion of Lander. Severebllliy. If a•court of competent juriedlctIon finds any provision of this Deed of Trust to be Illegal, Invalid, er unenforceable as to any person or circumstance, that finding shell not make the offending provision illegal, invalid, or unenforceable as to any other parson or circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable.. if the offending provision cannot be so modified, it shall be considered deleted from this Dead of Trust. Unless otherwise required by law, the Illegality, Invalidity, or unenforceabiiity of any provision of thie Deed of Trust shall not affect the legality, validity or enforeeebility of any other provision of this Deed of Trust. Successors end Assigns, Subject to any limitations stated in this Dead of Trust on transfer of Trustor's interest, this Deed Of Treat shall be binding upon and Inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person other than Truatar. Lender, without notice to Trustor, may deal with Trustor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Truster from the 'obligations of this Deed of Trust or liability under the indebtedness. Time is of the essence, 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 of the State of Nebraska as to ell 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. Unless specifically stated to the Contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the'singular shall Include the plural, end the plural shall include the singular, as the context may require. Words And terms not otherwise defined In this Deed of Trust shall have the meanings attributed to such terms In thelUniform Commercial Code; Reneficlary. The word "Beneficiary" means Five Pointe Bank, and.ite successors and assigns. Borrower. The word "Borrower" means ARIOST0 0 MANRiQUEZ and Includes ell,co-elgners and co.makere signing the Not and all their successors arid assigns. .Deed of Trust. The words "Deed of Trust" mean this Deed of Treat among Trustor. Lender, and Trustee, and Includes without limitation all.assignment end security interest provisions relating to the Personal Property and Rents, • •