|
2� 15�7793
<br /> DEED [}F TRUST
<br /> €��ntinued� Pag� 7
<br /> bound by the alteration or amendment.
<br /> Annual Reports. If the Property is used fior purposes other than Trustor's residence� Trustor shall furnish tv
<br /> Lender, upon request. a certified statement of net �perating income recei��d from the Pr�perty during Trust�r's
<br /> pre�ivus fiscal year in such f�rm and detail as Lender shall require. "Net operating in�ome" shall mean all cash
<br /> receipts from the Prvperty I�ss ail cash expenditures made in connection with the operation of�he Proper�y.
<br /> Captivn Headings. Caption headings in this Deed of Trust are fvr con�enience purposes only and are no� #o be
<br /> used tv in#�rpret or define the pro�isivns nf this Deed vf Trust.
<br /> N�erger. There shall be no merg�r of the interest o�estate created by this ❑�ed of Trust with any ather interest or
<br /> estate in the Property at any time held by or for the ben�fit of Lender in any capacity, with�ut the written consent
<br /> of Lender.
<br /> Go►►erning Law. This Deed vf Trust will be ga�erned by federal law appli�ab�e ta Lender and, ta#he extsnt not
<br /> preempted by federa!�aw,the laws of the St�te of Nehraska without regard tv its�onflicts o#law pro►►isions. This
<br /> Deed o#Trus#has heen acceptsd by Lendsr in the St�#e af Nebraska.
<br /> Choice a#Venue. �f there is a lawsuit, Trustor agrees upon Lender's request to su�mit to the jurisdiction of the
<br /> courts of Hall County, State of Nebraska.
<br /> Joint and Se�eral Liability. All vbligativns �f 6v�rower and Trustvr under this ❑eed of T�ust shal� �e joint and
<br /> se�eral, and al! r�ferences�o Trustvr shall m�an each and e�ery Trus�or, and a!� references to Borrower shall m�an
<br /> each and e�ery 6or�vwer. This means that ea�h Trustor signing be�ow is respansible for all obiigatians in th�s Deed
<br /> of Trust.
<br /> Na Wai�er by Lender. L�nder sha�� nat be deemed tv ha�e wai�ed any rights under this Deed ❑#Trust unless such
<br /> wai►►er is gi�en in wri#ing and signed by Lender. No de�ay vr omissiQn�n the part af Lender in exercising any right
<br /> shall operate as a wai�er of such right�r any other right. A wai�er by Lender of a pro�ision of th�s Deed vf Trust
<br /> shat� nat prejudice or canstitute a wai�er of Lender's right atherwise to demand strict cvmpliance with that
<br /> prv�is�on or any other pro�ision of this �eed of Trust. No prfor wai�er by Lender. nor any course v� dealing
<br /> hetween Lender and Trustor, shall cvnstitute a wai�er of any of Lender's rights or of any vf Trust�r's obligations
<br /> as ta any #uture transactions. Whene�er the �onsent of Lender is required under this Deed of Trus�. the granting
<br /> vf such consent by Lender in any instance shall not constitute cantinuing consent to subsequent instan�es wher�
<br /> such cansent is required and in all cases such cvnsent may be granted or withheld in the sole discretivn of Lender,
<br /> Se�erability. If a cvurt of cvmpetent jurisdiction #inds any prv�isian �f this Deed af Trust to be illegal, in►►al�d, or
<br /> unen#vrceable as to any person or circumstance. that finding sha�l not make the affending pro�isivn iliegal, in�a�id,
<br /> or unenfvr�eable as ta any other person or circumstance. If feas�ble. the offending pra�ision shall �e cansidered
<br /> madified so that it b�cvmes legal, �alid and enfior�eahle. if the offending pr��ision canno# be s❑ mvdified� it shall
<br /> be considered del�ted from this ❑eed of Trust. Unless �therwise required hy law, the ill�gality, in�alidity. vr
<br /> unenforceability of any pra►►isivn of�h�s ❑eed o#Trust shal! not affect the legality, �alidity ❑r en#orceability vf any
<br /> vther prv�isivn of this ❑eed af Trust.
<br /> Su���ssors and Assigns. 5ubject �o any limitations stated in this aeed of Trust on transfer of Trustor's interest,
<br /> this Deed v# Trust shall be b�nding upon and inur� to the benefit ofi the parties, their succ�ssors and assigns. If
<br /> ownership of the Propsrty becomes �ested in a persvn other than Trustor. L�nder, without noti�e to Trustor. may
<br /> deal with Trust�r's successors with re#erence ta this Deed of Trust and the Indeht�dness hy way vf forbearance vr
<br /> extension without releasing Trus��r from#he vbi�gations of this Deed vf Trust❑r liahility under the Indehtedness.
<br /> Time is o#the Essence. Time is of the essence in the performance af this ❑eed a#Trust.
<br /> Wair►a Jury. All partEes to this Deed of Trust hereby wai�e the right to�ny jury triai in any action. proceeding. or
<br /> �ounter�laim brought by any party against any other party.
<br /> Wai�er of Hvmestead Exemption. Trustor hereby releases and wai�es all rights and benefits o# the homestead
<br /> exemption laws of the 5tate of Nebraska as ta afl Indebtedness secured by this ❑eed of Trust.
<br /> DEFINITIDNS. The foilowing cap�talized w�rds and terms shall ha�e the fiallo►rving meanings when used in th�s Deed af
<br /> Trust. Unless specifically stated to the contrary, all references tv dvllar amaunts shall mean amounts in lawful money
<br /> of the United 5tates of America. Words and terms used �n the singular shall include the plural, and the plural shall
<br /> include the singular, as the cantext may require. Words and terms not otherwise defined in #his Deed v# Trust shall
<br /> ha�e the meanings attributed t❑such�erms in the Unifvrm Commercial Cade:
<br /> Benefi�iary. The word "Ben��iciary" means Exchange Bank� and its successors and assigns.
<br /> Borrower. The word "Borr�wer" means�SEKA H�]MES LLC and includes all co-signers and ca-makers signing the
<br /> Note and all their success�rs and assigns.
<br /> Deed of Trust. The words "Deed of Trus�" mean this Deed of Trust amang Trustvr. Lender. and Trustee. and
<br /> includes without limitation a!I assignment and security interest pra�isians relating t❑ the Personal Prvp�rty and
<br /> Rents.
<br /> Default. The word "Default" means the Defauit set forth in th�s ❑eed of Trust in the section titled "De�ault".
<br /> En�ironment�l Laws. The rn►ards "En�iranmental Laws" msan any and ail state. federal and i�cal sta�utes.
<br /> regulations and ord�nances re�ating to the protection of human heal�h vr the en�ironment. in�luding withaut
<br /> iimitation the Comprehensi�e En�ironmenta� Response, Comper�satian�,�=and �r�r�ifi�y��Act a�# 'I 98p;�as am�nded, 4�
<br /> 11.5.C. Sec#ion 9fi�1, et seq. �"CER�LA"y, the Superfund Amendments and Reauthoriza#�an Act of '198F, Puh. L.
<br /> Nv. 99-499 �"SARA"y, the Hazardaus Materials Transpvrtativn Act; 49.U.S.C.�Sec#ion 18a1. et seq..`the Resourc�
<br /> Conser�ation and Re�o�ery Act, 42 U.S.C. Se�tivn 69��, e# seq.;_,or vther appl.i�ahl� sta�e or federal laws. rules,
<br /> or regulations adapt�d pursuant thereto. �
<br /> E�ent of Default. The wards "E�ent of❑efault" mean any of the e�ents of default set fn�th in this Deed❑f Trust fn
<br /> th�e�ents Qf default sectian of this Deed of Trust.
<br /> Guaranty. The word "Guaranty" means the guaranty from guarantvr, end�rser, surety, �r a�commodation party ta
<br /> Lender, in�iuding ►rvithout iimitativn a guaranty of all ar part o#the Note.
<br /> Hazardaus Suhstances. The wvrds "Ha�ardaus Substances" mean materials that. because of the�� quantity,
<br /> concentration �r physical, chemical or infec#ious characteristics, may cause ar pose a present or potentia� hazard
<br /> to human health or the en�irvnment when improperly used, treated, stor�d, disposed of, gen�rated, manufactured,
<br /> transported or otherwise handled. The words "Hazar�ous 5ubstan�es" are used in their ►►ery braadest s�nse and
<br /> include withvut iimitation any and all hazardous vr toxic substances. materials vr waste as defin�d by or list�d
<br /> under the En�ironmental Laws. The term "Hazardous Substances" alsv includes, wi#hout limitation, petroleum and
<br /> p�tr�leum by-products or any fraction thereaf and asbestos.
<br /> Imprv�ements. The word "lmpro�ements" means all ex�sting and future imprv�ements, buildings, structures,
<br /> mobile homes affixed vn the Real Prvperty, faciiiti�s, additions, replacements and vther construction on the Real
<br /> Prvpe�ty.
<br /> �ndgbtedness. The word "Indebtedness" means all pr�nc�pal, interest, and other amounts, costs and expenses
<br /> f �
<br /> #
<br /> �
<br /> E
<br />
|