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Loan No: 101268246
<br />DEED OF TRUST 29130 4704
<br />(Continued) Page 9
<br />Governing Law. This Deed 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, Trustor agrees upon Lender's request to submit to the jurisdiction of the
<br />courts of Hall 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 that each Trustor signing below is
<br />responsible for all obligations In this Deed of Trust.
<br />No Waiver by Lender. Lender shell not be deemed to have waived any rights under this Deed of Trust unless such
<br />waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right
<br />shell 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 constitute a waiver of Lender's right otherwise to demand 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 Trustor, shall constitute a waiver of any of Lender's rights or of any of Truster's obligations
<br />as to any future transactions, Whenever the consent of Lender is required under this Deed of Trust, the granting
<br />of such consent by Lender in any instance shall not constitute continuing consent to subsequent Instances 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, that finding shall not make the offending provision illegal, invalid,
<br />or unenforceable es to any other person or circumstance. If feasible, the offending provision shell be conaidered
<br />modified 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 otherwise required by law, the Illegality, invalidity, or
<br />unenforceability of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of any
<br />other provision of this Dead of Trust,
<br />Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor's interest,
<br />this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and ensigns. If
<br />ownership of the Property becomes vested In a parson other than Trustor, Lender, without notice to Trustor, may
<br />deal with Trustor'e successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or
<br />extension without releasing Trustor 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 />DEFINITION$. The following capitalized words and terms shall have the following meanings when used In this Deed of
<br />Trust. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money
<br />of the United States of America. Words and terms used In the singular shall include the plural, and the plural shell
<br />include the singular, as the context may require. Words and terms not otherwise defined In this Deed of Trust shall
<br />have the meanings attributed to ouch terms in the Uniform Commercial Code:
<br />Beneficiary. The word "Beneficiary" means Five Pointe Bank, and its successor* and assigns,
<br />Borrower. The word "Borrower" means JOSE RENE GONZALEZ and ANA M GONZALEZ and Includes all
<br />co- signers and 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 among Trustor, Lender, and Trustee, and
<br />includes without limitation all assignment and security interest provisions relating to the Personal Property and
<br />Rents.
<br />Default. The word "Default means the Default set forth In this Deed of Trust In the section titled "Default ".
<br />Environmental Laws. ' The words "Environmental Laws" mean any and all state," federal and )coal statutes,
<br />regulations and ordinances relating to the protection of human health or the environment, including without
<br />limitation the Comprehensive Environments) Response; Compensation, and Liability Aot of 1980, as amended, 42
<br />U.S.C, Section 9001, at seq. ( "CERCLA "j, the 8uperfund Amendments and Reauthorization Aot of 1988, Pub. L.
<br />No. 99,499 ( "SARA "), the Hazardous Materiels Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource
<br />Conservation and Recovery Aot, 42 U.S.C. Section 0901, at seq., or other applicable state or federal laws, rules,
<br />or reguietione 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 />Guaranty. The word "Guaranty means the guaranty from guarantor, endorser, surety, or accommodation party to
<br />Lender, including without limitation a guaranty of all or pert of the Note.
<br />Hazardous Substances. The words "Hazardous Substances" mean materiels that, because of their quantity,
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