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��14�5�37 DEE❑ �F TR�JST Loan No: "��7�78495 ��ntar�ued� Page 9 MISCELL►4�NE�US PRUVISIaNS. The�ollowing m�scellan�ous provisions are a par�t vf this Deed of Trust: Amendments, Th�s De�� vf Trus�, toge�h�r�rvith any R�Iat�d Dacuments, constitutes�h�en�ir� und�rstanding and agreem�n�t ❑�f the parties as to th� matters set fo�th in �his Deed o�f Trust. Na alteration o�f ❑r amendment to this Deed o�Trust sha11 be effe�ti�e unfess giWen in writing and sign�d by the party vr parties s�ught to be �harged or bvund by the af�era�ivn ar amendm�nt. Annual Repc�rts. f� the Property is used for purpos�s o�her than Trus�or's residence, Trustor shall furnish ta Lender, upan request, a certified statement of ne� opera�ing income recei�ed from the Property during Trustar's preWiaus fisca� year in such form and detail as L�nder shall requir�. "Net operating incame" sha11 mean a!I cash receip�s from th� Property fess a11 ca�sh expendi�tures made in �onnection with the�peratinn af the Proper�y. Caption Headings. Caption headings in this Deed of Trust are for canvenience purposes only and are not t❑ be used�o interpret vr d�fine the praWisions o�this Deed of Trust. iVlerg�r. There shall be no merger of the inter�st or estate created by this Deed of Trust wi�h any�ther interest or estate in the Prvperty at any time h��d by vr#ar the benefiit vf Lender in any capacity, without the written consent of Lender. Gorrerning Law. This Deed �f Trust wili be go�ernsd by f�deral !aw applicable to Lender and. to �he extent nat preempted hy federal law,the laws o�the 5tate of 1Vebraska w�thout regard to its �vnflic�ks af law pro�isions. This Deed o#Trust has b�en ac��pted by Lender in the S#ate of fVebraska. Choice �f Venue. If there is a �awsuEt, Trustar a�rees upon Lender's request �o submit ta the jurisdiction of the courfis o�HALL County. 5tate of Nebraska. . Joint and Se�era� Liabi�ity. All obligatians of Borr�wer and Trustor under this Deed vf Trust shall be joint and se�eral. and all references t�Trustor shall mean each and every Trustor� and afl r�f�rences to Borrnwer shal[ mean each and ��ery Borr�wer. This m�ans that each Trustor signing below ts resp�nsib�e fnr all flbligations in�his D�ed af Trus�. No Wai�er by L�nder. L�nder shall not be de�med ta haWe waived any rights under fhis Deed af Trust uni�ss such wai�er is given in writin� and signed by Lender. No defay or�miss�on on the part of Lender in exercising any right shall operat� as a wa�ver of su�h right or any ather ri�ht. A waivsr by Lender af a pro�isian of�khis I�e�d of Trust shall not prejudice or constitute a wai�er of Lender's right �therwise �o demand strict complianc� with that provision vr any ath�r provision of this Deed of Trust. Nv priar wai�er by L�nder. nor any course of dealing between L�nder and Trustor. shai� cvnstitute a wai�er a� any vf L�nder's rights �r vf any af Trustor's ohlEgations as t� any future transacfi�ans. Whene�er�he cons�n� �f Lender is required under this aeed o� Trust� the �ranting vf su�h consent by Lender in any instance shall not consti�ute cant�nuing consent �❑ subsequent instances where su�h cvnsent is requir�d and in all cases su�h �ansent may be granted �r wi�hheld in the sole discretion of Lender. 5e►rerabi[ity. ff a cour� o� competent jurisdict�on finds any provisivn v�this Deed �f Trust to be illegal, in�alid, ar unenforceable as to any person �r circurnstance, tha� finding sha�l not make the offending prv�ision illegalf �n�alid, vr unen�orceabie as �o any other persan ar circumstance. 1f �easible, the offendin� pr��isian shall be cansidered modified so that it bec�mes (egal, valid and enforceable. If�he offending p�o�ision cannot be so modified, it shall b� considered deieted from this D�ed af Trus�. Llnless otherw�s� required by law, �he i[I�gality, invaEidity, or unenforceability ofi any pr��ision of this Deed of Trust shatl not affect the legality� validity or enforceability o�F any other proWision�f this Deed af Trust. Successors and Assigns. 5ubject to any limitatians s�a�e� in this Deed of Trust on transfer ofi Trustor's in�erest, this Deed of Trus� shall be b�nding upvn an� inure ta the �enefi� of the par��es, th�ir succ�ssars and assEgns. If �wnership vf the Pr�operty becomes �es�ed in a person other than Trustvr� Lender, wi�hout n�tic� �v Trustor, may deal with Trustor's successors with re�ference to�his 1��e� of Trust and the Indebtedness by way of�orbearan�e or �xtension wi�hou�releasing Trus�or frorn the obliga�ians of�his Deed af Trust or liability under the Inde��edness, Time is of fhe Essence. Time is of the essence in the performance o�F this Deed ❑f Trust. Wairrer of Hamesfiead Exemptian. Trustar hsr��y releases and wai�es all rights an� bene�its of the hamestead exemptian laws af�he S�ate of N�braska as t�all lndebtedness secure� by this Deed of Trust. DEFINITI�NS. The following capitalized wa�ds and terms shall have the falivwing meanings wh�n used in this aeed of Trus�. Unless specifically stated to �h� contrary, all references to d�ilar amoun�s shall mean amaunts �n 1aw�ul m�ney of the UnE�ed S�ates ❑f America. Wards and terms us�d in the singular shafl include �he plural, and the plural shall include the singular, as the contex� may require. Vllords and terms nv� vth�rvvise defined in this Qeed of Trust shall ha�e th�meanings attri�uted�o such te�ms in the Uni�vrm Commercial Code: Beneficia�y, Th�word "Beneficiary" means Fi�e Points Bank, and its success�rs and assigns. Barrawer. The word "Borrawer" means SWSE, 1N�.; SHANE SMITH; and V1IANDA SMITH and includes all co-s�gners and cn--makers signing�h� Not� and a�l their su�cessars and ass€gns. Deed of Trust. Th� words "aeed af Trust" mean this Deed of Trust among Trus�ar, Lender, and Trustee, and inclu�es w�thvut limitatian al� assignmen� and security in�erest pro�isions re3a�ing to th� Personal Property and Rents.