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, ��14��1�9 I]EED �F T'RLJ�T Lvan No: 1�'[27�555 ��nt�r�u�d� Page � M15CELLANE�US PR�VISIDNS. The�allvwing mis�ellan��us pr�Wisions are a part of this �eed of Trust: Amendments. This Deed of Trus�, t�gether wi�h any Re[ated Documents, cvns��tu�es�he �n�t�re understanding and agr��ment of the par�ies as tv the matters set forth in this Deed o�Trus�. Na alfera�ion of ar amendmen�ta this Deed a�Trus� shal� b� effecti�e unless gi�en in writing and signed by�he pa�ty ❑r parti�s svughfi to be charged or bound by the a�te�a�ion or amendment, Annual Reports. If th� Property is used for purpases ather �han Trustor's residence, Trustor shall furnish to Lender� upon request, a certi�ied statement of net ap�rating incame recei�ed from the Praperty during Trustvr's pre�iQus fiscal year in su�h fvrm and detai! as Lender shall require. "Net opera�ing income" shall mean all cash re�eipts frvm the Praperty less a!I cash expend�tures mad�in cvnnection with the opera�ion of the Praperty. Caption Headings. Capti�n headings in �his Deed o� Trust are for con�enience purpvses only anc� ar� nat to �e used ta interpret or de�ine the pro�isions vf�his Deed of Trust. Nierger. There shalf be no merger of the interest vr estate �r�ated by this ❑eed of Trust wi�h any other in�erest ar estate in the Property at any time held by or far the benefif vf Lender in any capacity, wi�hou�t th� written Gonsent of L�nder. Go�erning Law. This Deed of Trust wiil he g�rrerned �y�ederal la►rv appli�able ta Lender and, ta the exfient not preemp�ed by federal law�the�aws of#he 5tate o�Nehraska vrrithau�regard to its confli�ts of law provisivns. This Deed vf Trust has be�n accepfed�y Lender in the Sta#e o�Nebraska. �hoice of Venue. If th�re is a lawsuit� Trus��r agr�es upon L�nder's request to submit to the jurisdic�ion of the courts ❑� HALL County. Sta�e of Nebraska. Joint and 5e�eral Liabili#y. All ob�igativns of Barrower and Trustor under this Ueed af Trust shall ba jaint and sev�ral� and all r��erences t� Trustor shall mean�ach and e�ery Trustar, and all references to B�rrower sha11 mean each and e��ry garrower. This means that each Trust�r signing belaw is responsihl�for a[I o��igatinns in this Deed of Trust. No Wair�er by Lender. L�nder shall not be deemed to have waived any rights under this �]eed of Trust unless such ►rvaiver is given in writing and signed by Lender, Na delay or amission an the part of Lender in ex�rcising any right shall operate as a wai�er of su�h right ar any other right. A wai�er by L�nder�� a prvvision of this Deed o�Trust shall not prejudice or constitute a wai�er vf Lender's right vtherwise t� demand strict compliance with that prv�isian ar any other provision of this Deed af Trust. Na prior wai�er by Lender. n�r any course v� dealing �etween Lender and Trusto�, shafl c�nstitute a waiver of any af Lender's rights or ofi any af Trustor's �bligations as to any�rutur� transactions. Vllhene�er the cvnsent of Lender is required under this Deed ��Trust, the granting �f such cansent by Lender in any instance shall not constitut� continuing consent ta subsequsnt instances where such consent is required and in all cases such consent may be granfed or wifihheld in the sole d�screti�n of L�nder. 5everability. If a caurt of compe�ent jurisdictivn finds any pravis��n of this Deed vf Trus� to be illegal, invalid, ❑r unenforceable as �o any person or circums�ance. that finding shaEl not make the of�endin� provision illegal. invalid, or unenfiorceable as �❑ any o�her person ar circumstance. 1� feasible� the offending pro��si�n sha�l �e cvnsidered modified so that it �ecames I�gal, �a�id and enforesable. If the o�f�nding praWision cannot be s� m�dified, it sha[I he c�nsidered deleted frvm this Deed of Trust. Unless ❑therwise required �y law, �he illegafity, invalidity, ar unenfarceability �f any provisi�n a�this Deed a�f Trust shall na� a��ec�the �ega�ity, validity �r enfvrceability o� any vth��provisian of this aeed af Trus�t, Successvrs and Assigns. 5ubject to any limita�i�ns sta�ed in this Deed of Trust an trans�er of Trustor's interest, this Deed �f Trust shall be binding upvn and inure to the benefi� of the par�ies� their successars and assigns. If ownership of the Property becom�s ��sted in a persan ❑fiher than Trustor, Lender, without notice ta Trustvr, may deal with Trustor's successors with reference to this Deed of Trust and the Indebtedness by way�f f�rbearance or extension withvut releasing Trustar from the�b�igations��this Deed of Trust or liabili�y under�he Indebtedness. Tim�is of th� Essence. Time is of the essen�e in�he performance of�his Deed of Trust. Wai�er af Homest�ad Exemptian. Trus�ar hereby re[eas�s and waives all rights and benetits af �he homestead exemptinn�aws of the S�ate�f N�braska as t� a[I Indebtedness secured by this Deed of Trust. DEFIIVlTf�NS. The f�llowing capitaiized words and �e�ms shall have the foltvwing meanings when used in this Deed a�F Trust. Unl�ss specifical�y sta�ed to �he c�ntrary, all references to dallar am�unts sha11 mean amounts in lawfiul money afi the United States of Am�r�ca. Words and terms used in the singular sha11 include �fhe plural, and the plural shall include �he singular� as the context may require. V1lords and ��rms nvfi o�her►nrise defined in �this D�ed of Trus� shall haWe�he meanings attributed t�such terms in the Unifiarm Cvmmercial Code; geneficiary. The word "Beneficiary" means FiWe Points Bank, an� its successors and assE�ns, Barrovr►er. The word "6orrower" means JER�ME ICR�LIK4V115K1, DEANNA KR�L�K�VIlSKI and JER�ME 1Cft�LIK�V115K1 and includes all co-si�ners and co-makers signing the Note and all their su��essors and assigns. C]�ed of Trust. The w�rds '"Qeed o� Trust" mean this ❑eed of Trust amvng Trust�r, Lender, and Trustee, and includes without limitati�n a![ assignment and security interes�t praWisions relating ta �he P�rsona[ Proper�y and Rents.