|
201304028
<br /> DEED OF TRUST
<br /> Loon No: 101265517 (Continued) Page 8
<br /> address, For notice purposes, Truator egress to keep Lender Informed at all times of Trustor'a current address. Unless
<br /> otherwise provided or required by law, If there is more than one Truster, any notice given by Lender to any Truster is
<br /> deemed to be notice given to all?motors. It will be Truator'a responsibility to tell the others of the notice from Londe?.
<br /> MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br /> Amendments. What is written in this Deed of Trust and in the Related Documents is Trustor's entire agreement
<br /> with Lender concerning the matters covered by this Deed of Trust. To be effective, any change or amendment to
<br /> this Deed of Trust must be in writing end must be signed by whoever will be bound or obligated by the change or
<br /> amendment.
<br /> Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are 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 estate 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 Dead of Trust will be governed by federal law applicable to Lender and, to the extent not
<br /> preempted by federal law, the laws of the State of Nebraska without regard to its conflicts of law provisions. This
<br /> Deed of Trust has been accepted by Lender In the State of Nebraska,
<br /> Choice of Venue. If there Is a lawsuit, Truster agrees upon Lender's request to submit to the jurisdiction of the
<br /> courts of Hall County, State of Nebraska,
<br /> No Waiver by Lender, Truator understands Lender will not give up any of Lender's rights under this Deed of Trust
<br /> unless Lender does so ih writing. The fact that Lender delays or omits to exorcise any right will not moan that
<br /> Lender has given up that right. If Lender does agree in writing to give up one of Lender rights, that does not
<br /> mean Truster will not have to comply with the other provisions of this Deed of Trust. Trustor also understands
<br /> that if Lender does consent to a request, that does not mean that Trustor will not have to get Lender's consent
<br /> again if the situation happens again, Truator further understands that just because Lender consents to one or more
<br /> of Trustor'a requests, that does not meen Lander will be required to consent to any of Trustor'e future requests.
<br /> Trustor waives presentment, demand for payment, protest, and notice of dishonor.
<br /> Severability. If a court finds that any provision of this Deed of Trust is not valid or should not he enforced, that
<br /> fact by itself will not mean that the rest of this Deed of Trust will not be valid or enforced. Therefore; a court will
<br /> enforce the rest of the provisions of this Deed of Trust even if a provision of this Deed of Trust may be found to be
<br /> invalid or unenforceable.
<br /> Successors end Assigns. Subject to ony limitations stated in this Deed of Trust on transfer of Trustor's interest,
<br /> this Deed of Trust shell 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 then 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 forbearance or
<br /> extension without retsasing Truster from the obligations 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 all rights and benefits of the homestead
<br /> exemption laws of the State 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 /> Beneficiary. The word "Beneficiary" means Five Points Bank, and its successors and assigns.
<br /> Borrower. The word "Borrower" means EDWIN E DELGADO and includes all co-signers and co-makers signing the
<br /> Note and all their successors and assigns.
<br /> Dead of Trust. The words "Deed of Trust" mash this Dead of Trust among Truator, Lender, and Trustee, and
<br /> includes without limitation all assignment and security interest provisions relating to the Personal Property and
<br /> Rents.
<br /> Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes,
<br /> regulations and ordinances relating to the protection of human health or the environment, including without
<br /> limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42
<br /> U.S.C, Section 9601, et sage ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L.
<br /> No, 95.490 1"9ARA"),the Hazardous Materials Tranaportetlen Act, 49 U.S.C. Section 1801, at seq., the Resource
<br /> Conservation and Recovery Act, 42 U,S.C. Section 6901, at seq., or other applicable state or federal laws, rules,
<br /> or regulations adopted pursuant thereto,
<br /> Event of Default. The words "Event of Default" mean any of the events of default set forth in this Deed of Trust in
<br /> the events of default section of this Deed of Trust,
<br /> Existing Indebtedness. The words "Existing Indebtedness" mean the Indebtedness described in the Existing Liens
<br /> provision of this Deed of Trust.
<br /> Heserdeua Substances, The words "Hazardous Substanoes" mean materials that, because of their quantity,
<br />
|