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� ` 2� 1 ��572 DEED �F TRUST Laan Na: ��292739 {�ont�nued� Pa�e 9 M15CELLANEQUS PRaVi5iQN5. The foffowing miscel�aneous provisions are a part of this Deed of Trust: Amendmen#s. This De�d of Trust, together with any R�lat�d Docum�nts, constitutes the entir� und�rstanding and agr�ement of the parties as to the matt�rs s�t forth in this De�d of Trust. No a�t�ration of o� am�ndm�nt to this D��d of T�ust sha�l be �ff�ctive unless giv�n �n writing and sign�d by the party or pa�ti�s sought to be charged or bound by th� a�t�ration or am�ndm�nt. Annuai Reports. !f the Prop�rty is us�d for purpo5�5 oth�r than Trustor's r�sid�nc�, Trustor shal� furnish to Lend�r, upon r��u�st, a c�rtified stat�m�nt of n�t operating incom� r�c�iv�d from th� Prop�rty during Trustor'� pr�vious fiscal year in such form and detaii as L�nd�� shalf r��uir�. "N�t op�rating incom�" sha�l mean all cash ��c�ipts from th� Prop�rty F�ss aFF cash�xpenditur�s made in conn�ction with th�op�ration of th� Prop�rty. Caption Headings. Caption headings in this D��d of Trust are for conv�nienc� purpos�s only and are not to b� us�d to int�rpret or d�fin�th� provisions of this D��d of Trust. Merger. Th�re sha1� b� no merg�r of the int��est o��stat� cr�at�d by this D��d of Trust with any oth�r int�r�st vr �state in the Prop�rty at any tim� h��d by or for the ben�fit of Lend�� in any capacity, without th� written cons�nt of Lender. Go�erning Law. This Deed ofi Trust wiii be go�erned by federai iaw appiicable to Lender and, to the extent not preempted by federai iaw,the iaws ofi#he 5tate of Nebraska without regard to its confiic�s of iaw pro�isions. This Deed of Trust has been accepted by Lender in the 5tate of Nebraska. Choice ofi Venue. Ff ther� is a �awsu'rt, Trustor ag�e�s upon L�nd��'s re�u�st to submit to the �u�isdiction of th� cou�ts of HaFI County, Stat�of Nebraska. Joint and 5e�erai Liabiiity. A!! obf igations of gorrower and Trustor und�r this De�d of Trust sha�E be joi nt and sev�ral, and all r�f�r�nc�s to Trustor sha�! m�an�ach and�v�ry Trustor, and all r�f�rences to go�row�r shall m�an each and eve�y gorrower. This means that each Trustor signing below is r�sponsibl� fo�afl obligations in this D��d of Trust. No Wai�er by Lender. L�nd�r shall not b�d�emed to hav� waiv�d any rights und�r this Deed of Trust unless such waiv�r is giv�n in writing and sign�d by L�nd�r. No d�lay or omission on th� part of Lender in �x�rcising any �ight shall op�rate as a waiv�r of such right or any oth�r right. A waiv�r by L�nd�r of a provision of this Deed of Trust shall not pr�judic� or constitut� a waiv�r of L�nd�r's right oth��wis� to d�mand strict compliance with that provision or any oth�r provision of this D��d of T�ust. No prior waiv�r by L�nd�r, nor any cours� of d�afing b�tw��n Lend�r and Trustor, shal� constitut� a waiv�r of any of Lend�r's rights or of any of Trustor`s obligations as to any future transactions. Wh�n�v�r the cons�nt of L�nder is r��uir�d under this D��d of Trust, the grant�ng of such cons�nt by L�nd�r in any instanc� shall not constitut� continuing consent to subs��u�nt instanc�s wh�r� such consent is r��uir�d and in a�l cases such consent may b�grant�d or withhe�d in th�sol�discr�tion ot L�nder. 5e�erabiii�y. !f a court ot competent�urisdiction finds any provision of this D�ed of Trust to b� ill�gal, invafid, or un�nforc�abl� as to any p�rson or circumstanc�, that finding sha�i not mak� th� otf�nding provision i��gaf, invalid, or un�nforceable as to any oth�r p�rson or c�rcumstanc�. If f�asibf�, th� otf�nding provision shafl be consid�red mvdifi�d so that it becom�s l�gal, va�id and enfvrc�ab��. ff th� offending provision cannot b� so modifi�d, it shali b� consid�r�d d�l�t�d from this D��d vf Trust. Unf�ss otherwis� r��uir�d by faw, th� ill�gaFity, invalidity, or unenforceabi�ity of any provision of this D��d of Trust sha!! not affect th� I�gality, validity or enforc�ability of any oth�r provision ot this D��d of Trust. 5uccessors and Assigns. Subj�ct to any iimitations stated in this Deed of Trust on transfer ot Trustor's int��est, this D��d ot Trust shall be binding upon and inur� to the b�n�fit of th� parti�s, th�ir successors and assigns. If ownership of th� Prop�rty b�com�s v�sted in a person oth�r than Trustor, L�nd�r, without notic� to Trustor, may deal with Trustor'�successors with ref�r�nce to this De�d ot Trust and th� Ind�btedness by way of forb�arance or ext�nsion without��I�asing Trusto�from th�obligations of this D�ed of Trust o�fiability under th� lnd�bt�dn�ss. Time is ofi the Essence. Tim�is of th��ss�nc� in the performanc�of this D�ed of Trust. Wai�er of Homestead Exemption. Trustor h�r�by r�f�as�s and waiv�s a!� rights and b�n�f+ts ot th� hom�stead �xemption laws of th� State of Nebraska as to afl lnd�bt�dn�ss s�cured by this Deed of T�ust. DEFiNiT�aNS. Th�following capitaliz�d words and terms sha!! hav�th� foffowing m�anings wh�n us�d �n this D�ed vf Trust. Unless sp�cificalfy stated to th� contrary, aff ref�r�nc�s to do�lar amounts shall m�an amvunts in lawful mon�y of the United Stat�s of Am�rica. Words and t�rms us�d in th� singular shall inciud� th� pluraf, and the pfu�a� shal! include the singufar, as th� cont�xt may r��u+��. Words and terms not otherwis� defined in this D�ed of Trust shall have the m�anings attribut�d to such t�rms in the Uniform Comm�rcia! Cod�: Benefiiciary. Th� wo�d "g�neficia�y" means Fiv� Po+nts gank, and its successors and assign�. Borrower, Th� word "gorrower" m�ans GL�E FARMS lNC, MARK A GL�E and DIAN M GL�E and includ�s alF co-signers and co-mak��s signing th� Not� and all their successors and assigns. Deed of Trust. The words "Deed of Trust" mean this D��d of Trust among T�ustor, Lender, and Trust��, and includ�s without limitation a!! assignm�nt and s�curity interest provisions r�lating to the P�rsonal Prop�rty and R�nts.