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��14��11� DEE[3 �F T�UST Loan Nv: ��"1�75'i a2 ��n�ir�u�dy Page 9 notice to the ofiher par�ies, spe�ifying that the �urpose af the nQ�ice is to chan�e the party's address. For notice purposes, Trustor agrees to keep Lender in�orm�d at all times o�Trustar's cur�ent address. lJnless otherwise pro�ided Qr required by law, if�here is more than ane Trus��r. any natice �i��n by Lender to any Trus�tor ss deerned �o be notic� gi�en�o all Trust�rs. fVIISCELLANE�US PR�VISl�NS. The following miscellaneaus provisions are a par�v�this Deed of Trust: �4mendments. This Deed ❑f Trust,together with any Related Documents, constitu�es the entire unders�an�ing and agreement of the parti�s as to �he matt�rs set for�h in th€s Deed ❑f Trust. No afteration of or amendmen�to this Deed of Trus�shal[ be effectiW� unless gi�en �n writing and sign�d by the par�y ar part��s saught to �e �harged or baund by th�alteratian or amendment. Annua[ Repvrts. �f th� Properfiy is used for purposes other than Trustar's r�sid�nce. Trustor shal[ �urnish to Lend�r, upon r�ques�, a certified s�atement of ne� operating �ncame received fram the Proper�y dur�ng Trustor's pre�ious fiscal year in su�h form and detail as L�nder sha�l require. "Net operating inc�me" shalf inean all cash receip�s from�he Proper�y less alI cash expenditures made in connec�ion with the operafiion of th� Property. �aption Headings. Cap�i�n headings in this Deed of Trust are for con�enience purp�ses vn{y and are nat to he used t� in�erpret or define the prvrrisions o�F this Deed of Trust. 1V�erger. There shall be no merger vf the interes�or estate created by this ❑eed of Trus�with any ather interest vr es�ate in the Praperty at any tim� hefd by or��r fihe benefit�f Lender in any capa�i�ty, with�ut the writ�en consent of Lend�r, GoWerning Law, This Deed of Trust will be gorrerned by federal law applicable to Lender and. to fihe extent nofi preempted by federa�iaw,the�aws of the State nf N�braska without regard to i�s confli�ts o�F law p�oWisians. This Deed of Trust has �een acc�pted by Lender in the S�a�e vf IVebraska. Choice of Venue. If ther� is a lawsui�, Trustar agrees upan Lender's request to su�mi� t� �he jurisdic�ian of th� courts of HALL�oun�ky, State af Nebraska. Jaint and 5everal Liahility. All obligations of Borrawer and Trusto.r under this Deed of Trust shall be joint and s�Weral, and a�l references t�Trustor shal� mean each and e�ery Trust�r, and al� re�ferences ta Borrow�r shall mean each and every Borrower. This means�ha�t each Trustor signing belvw is r�sponsible for a�l �bligations in this 1�eed o�F Trus�. No Vllaiver hy Lender. L�nder shail nfl�be deemed t� ha�e wai�ed any ri�hts undsr this Deed of Trust unless su�h waiver is given in writing and signed by Lende�. Na d�lay ar omission fln the part o�L�nder in �xercising any right shall operate as a wa�ver❑f such right ar any ath�r righ�. A vtirai�er 1ay Lender Qf a pravision of�his ❑eed a�F Trust shall no� prejudice or constitufie a wa�ver af Lender's right o�herwise tfl d�mand stric� c�mp[iance with that pr�visian or any oth�r pro�isivn vf fihis ❑eed of Trust. N❑ priar wa��er by Lender, n�r any c�urse of dealing h�tween Lender and Trus�or. shall cons��ute a waiver af any �-F Lender's rights or of any of Trust�r's �b[igati�ns as �o any future transactions. V1lheneWer�th� c�nsen� �f Lender is r�quired under this ❑eed of Trust, the gran�ing of such consent by Lender in any instance shall nat c�nstitute �tin�inuing cons�n# t❑ subsequen�t instances where such consent is r�quir�d and in all cases such consent may be grant�d or wi�hheld in the sale discre�ion vf Lender. S�verabi�ity. If a cour'� of compe�tent jurisdictivn finds any prv�rision of this ❑eed of Trust to be illegal, in�alid. or unanfvrceable as tfl any circumstan�e, �hat �inding shalC n�t make the offending pro�ision illega�, �n�alid, or unenforceabl� as to any other circumstance. Ef feasilale, the o�fending prv�ision shall be cansider�d modified sa that it bec�mes legal, valid and enforceable. If �he offending prv�isivn canno� b� so mndi�Fied, �� shall be c�nsidered deieted from this Deed of Trust. Unless otherwise required by law, the il�egali�y, in�alid�ty, ar unenfi�r�eability of any provision �f this Deed of Trust shall nat a��e�t the lega�ity, va�idi�y or �nfarceability ❑�f any ather pra�ision of this Deed o�Trust, Successors and Ass�gns. 5ubject �to any limitations stated �n �his Deed o�r Trust an �ransf�r of Trustor's int�restf this Deed of Trust shall be bind`tng upon and inure �o the benefiEt of the parties, their success�rs and assigns. If ownership of the Pr�per�y becomes �ested in a person o�her than Trus�or, Lender, withou� notice to Trustar, may deal with Trus�ar's successors w3�th referen�e ta this Deed of Trust and the Indebtedness by way o��forbearance or exfension withvut releasing Trustor�From the ahligations af this De�d�f Trust ar liabiiity un�er tha lndebtedness. Time is�f the Essen�e. Time is of th�essence in the performance of this Deed of Trust. Vllaiver of Hvmestead Exemptian. Trustor hereby releases and waives a�l righ�s and �en�fits af the homestead exemp�rion �aws vf the State of Nebraska as ta all Indeb�edness secured by�his Deed�f Trust. DEFIN�TIDNS. The fo[Iawing capi�alized w�rds and �erms sha�l ha�e the following meanings wh�n used in this De�d af Trust. Unless speci�i�ally stated �n the contrary, all references �o dvllar amounts shall m�an amounts in lawfrul money of �he United 5tates of America. V1lords and terms used in the singular shall include the plural, and the piura� shal� include the singufar, as the contex� may require. Vllords and fierms n�t atherwise de�ined in this Deed o� Trust shall ha�e�the meanings at�ributed to such terms in the Unifarm �ammer�ia� Cvde: Bene�i�iary. The ward "6eneficiary" means F�ve Pvin�ks Bank, and i�s suc�ess�rs and assigns. Borrower. The word "Borrower" means MARILYN A LINDNER�S�IVIE3ECK and LIN�NER FA[IIIILY TRUST and includes all ca�signers and co-makers si�ning th� Note and a�l their su�cessors and assigns.