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201401415 DEED OF TRUST Lo�n No: 123 {Corttinu�d) Page 7 Amendments. This Deed of Trust,together wiFh any Related Documents, constitutes Yhe entire understanding and agreement of the parCies as to the matters set forth in this Deed of Trust. No alteration of or amendment 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 amendmeni. Annaal Reports. lf the Property is used for purposes other than Trustor's residence, Trustor shall furnish to Lender, upon reques#, a certi�ied statement of net operating income recei�ed fram the �roperry during Tr�stor's previous fscal year in such form and detail as Lender shafl require. "Net operating income" shalE mean ell cash rsceipis from the Property less all cash expenditures made in cannection with the operatior�of the Property. Caption Headings. Caption headings in this aeed o�7rust are for eonvenience purposes only and are not to be ussd to interpret or define the provisions of this Deed of Trust. Merger. There shall be no merger af the interest or estate created by this Deed of Trust with any other ir�ierest or estate in the Property at any time held by ar for the benefit of�ender in any capacity, wit[�out the written consent of Lender. Go�erning Law. This Deed ofi Trust will be go�erned by federal law applicab[e to �ender and, to the e�etent not preempteH by federal law,the laws of the State of Nebraska withoirt regard to its conflicts of law provisions. This Deed of Trust has been accepted by Lender in the State of Nebraska. Choice of Venue. [f there is a Eawsuit, Trustor agrees upon Lender's request to suhmit to the jurisdiction o#the caurts of Hall County, 5tate of f�ebraska. Joint and Se�eral Liability. Al] obligations of Borrower and Tre�stor under this �eed of Trust shal] be joint and severa[, and alf references to Trustor sha[I mea� each and every Trustor, and al] references to Borrower sha][ mean each and every Borrowar. This means thaT each Trustor signing below is responsible for all ob[igations in this Deed of Trust. No Wai�er by Lender. Lender s�al] not be deemed to have waived any rights under#his �eed of Trust unless such waivsr is given in writing and signed 6y Lender. iVo delay or omissiort on the part af Lender in exercising any right shafl operate as a wai�er of such right or any other right. A waiver by Lender of a provision of this Deed of Trust shafl not prejudice ar constitute a waiver of Lender's right otherwise to demand strict corrEpliance with that pravision or any other pro�ision of this �eed of Trust. No prior wa9ver by lender, nor any course of dealing between Lender and Trustor, shafl constitute a waiver of any of Lender's rights-ar o�r�-any-ofir-�rasYar's;�aEsw4gations as to any future trdnSactions. Whenever the cansent of Lender is required under this Deed of�rusf;.the g�anting of such consent by Lender in any instance sE�al1 not constitute continuing �Consent to subsequerrt'instances.v,�rere such consent is required and in all cases such consent may be granted or withhe[d in�f�e sole discrgtion;of;Lender. Severability. If a court of campetent jurisdiction finds any provision af this �aed of Trust to be illegal, invalid, or unenforceable as to any person or circumstance, that finding shaA not make the offending provision i][egal, invalid, or unenforceable as to any other person or eireumstance. If feasible, the o€fending provision shall be considered madified so that it becomes legal, vafid and enforceable. If tf�e offending pro�ision cannot be so modified, it shall be considered deletec[ from this Qeed of Trusi. Unless otherwise required by law, the ilfegality, invalidity, or unenforceability of any provision of this C1eed of Trust shal[ not affect the legality, vafidity or enforceability of any ather provision of this Deed of Trus#. Saccessors and Assigns. 5ubject to any limitations stated in ih9s Deed vf Trust on transfer of Trustor's interest, this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Properry becomes �ested in a person other than 7rustor, Lender, without notice to Trustor, may deal with Trustar's successors with reference to this �eed of�rust and the [nde6tedness �y way of forbearance or extension without releasing Trustor from the o6[igations of this Deed af 7rust or liability under the Indebtedness. Time is of the Essence. Time is of the essence in the performance of this Deed of Trust. Wai�e Jury. All parties to this beed of Trast here6y waive the right to ar�y jury triaE in any action, proceeding, or counterclaim hraught by any party against any other party. Waiver of Homestead Exemption. Trustor hereby re[eases and waives a][ rights and benefits of the homestead exemption laws af the State of Nebraska as to all indebtedness secured by this Deed of Trust. DEFINIT[OIVS. The following capita[ized words and terms sf�al! [�ave the following meanings when used in#his Qeed af Trust. Unless specifical[y stated to the contrary, all references to dol[ar arnounts sha][ mean amounts in lawfu[ money of the United Statss of America. Words and terms used in the singular shall include the plural, and the plura[ shall include the singular, as the context rrtay require. Words and terms not otherwise defined in this Deed of Trust shall have the sneanings attributed ta such terms in the Uniform Commercial Code: Beneficiary. The word "Beneficiary" rrteans Equitable Ban[c, and its successors and assigns. Borrower. The word "Borrower" means WE[NRICH aEVELOPMENTS, 1NC., GARY L WEINRECH; and SONJA L WEINR[CH and includes ail co-signers and co-makers signing the Note and aEl their successors and assigns. Deed of 7rust. The words "�eed o'F Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and inc[udes without Gmitation all assignment and security interest provisions relating to the Personal Property and Rents. Defa�lt. The word "Default" means t[�e Default set forth in this Deed of Trust in the section titled "Default". Environmen#al Laws. The words "Enviranmental Laws" rr�ean any and a11 sYate, federal and locaf statutes, regulations and ordinances relating xo the protection of human health or the environment, incfuding without limitation the Gorreprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, A2 U.S.C. 5ection 960'[, et seq. {"CERCLA"}, the Superfuncf Amendments and Reauthorization Act of 1986, Pub. L. No_ 99-499 {"SARA"},the Hazardous Materials Transportation Ac3,49 U.S.C. Section '[801, et seq.,the Resource Conservation and Recovery Act, 42 EJ.S.C. 5ection 6901, et seq., or other app[ica6le sfiate or federal laws, rules, os regulations adopYed pursuant thereEo. E�ent of Defau�lt. The words "Event o�Default" rnean any of the events af default set forth in this Deed of Trvst in the events of default section of Yhis Deed of Trust. Ex9sting Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens provision of this �eed af Trust. Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodatian party to Lender, incl�ding withoui Gmitation a guaranty of all or part of the Note. Hazardous Su6stances. 3[�e words "Hazardous Substances" mean materials that, beCause of their quantity, concentration or phys€cal, chemical or infectious characteristics, may cause or pase a present or poFential hazard to human health or the en�ironrnent when improperly used,treated, stored, disposecE of, generated, manufactured, transporCed or otherwise handled. The worc[s "Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous ar toxic substances, materials or waste as defined by or listed under the Environmentaf Laws. 7he term "Hazardous Svbstances" also includes,without limitation, petroleum and petroleum by-producis or any fraction thereof and asbestos.