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� � 2� 1 ���573
<br /> DEED �F TRUST
<br /> Loan No: '1[]'i�9�'139 {Continued� Page 9
<br /> preempted by federal law.fihe laws vt the 5fiate vf Nebraska w+thvut regard tv its canflicts vt law prar►�s�ans. This
<br /> Deed of Trust has been accepted by Lender in the 5tate vf Nebras ka.
<br /> ChvEce of Venue. If there is a �awsuit, Trustor agrees upon Lender`5 request to submit to the jurisdictian of the
<br /> courts ❑f Ha�� �ounty, State of Nebraska.
<br /> Joint and 5er►eral LEability. A!� obligations of B�rrawer and Trustor under this Deed of Trust shail be joint and
<br /> se�eral, and all references to Trustor sha�� mean each and e�ery Trustor, and all references to Borrower shall mean
<br /> each and e�ery Borrawer. This means that each Trustar signing below is responsib�e far all obiigations in this Deed
<br /> of Trust.
<br /> No Wa��er by Lender. Lender shall nat be deemed to ha�e wai�ed any rights under this Deed of Trust un�ess such
<br /> wai�er is gi�en in writ�ng and signed by Lender. No delay or omiss�on on the part of Lender in exercising any right
<br /> shall operate as a wai�er of such r�ght or any other right. A wa��er by Lender of a pro�ision o�this Deed o�Trust
<br /> shall not prejudice or constitute a wai�er of Lender's right otherwise to demand str�ct compliance with that
<br /> pro�ision ❑r any other pro��sion of this Deed of Trust. No pr�or wai�er by Lender, nor any course of dealing
<br /> between Lender and Trustor, shall constEtute a wai�er of any of Lender's rights or of any of Trustar's ❑bligations
<br /> as to any future transactions. Whene�er the consent of Lender is required under this Deed of Trust, the granting
<br /> o� such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where
<br /> such consent is required and in a�l cases such consent may be granted or withheld in the sole discretion of Lender.
<br /> 5e�erability. If a court of competent jurisdiction fiinds any pro�ision ❑� this Deed of Trust to be iliegal, in�alid, or
<br /> unenforceable as to any persan or circumstance, that finding shali not make the offiending pro�isian illegai, En�alid,
<br /> or unenforceable as to any other person or circumstance. If feasibie, the offending pro�ision shall be considered
<br /> modified so that it becomes legal, �alid and enfiorceable. Ifi the o��ending pro�ision cannat be so madifiied, it shall
<br /> be cansidered deleted from this Deed of Trust. Unless otherwise required by law, the �Ilegality, in�al�dity, or
<br /> unenforceabil�ty ofi any pra�ision of this Deed o�Trust shall nat affect the legality, �af idity ❑r enfiorceabif ity of any
<br /> other pro�ision of this Deed of Trust.
<br /> 5uccessors and Assigns. Subject t❑ any IimitatEons stated in this Deed of Trust on trans�er of Trustor's interest,
<br /> this Deed of Trust shall be binding upan and inure to the benef�t ofi the parties, their successors and assigns. Ifi
<br /> ownership ❑�the Praperty becomes �ested in a person other than Trustor, Lender, without notice to Trustor, may
<br /> deal with Trustor's successors with reference to this Deed ofi Trust and the Indebtedness by way o�forbearance or
<br /> extensian without releasing Trustor from the❑bligations of this Deed of Trust or IEability under the Indebtedness.
<br /> Time is vt the Essence. Time is o�the essence in the perfiormance of this Deed❑�Trust.
<br /> Wai�er af Homestead Exemptivn. Trustor hereby releases and wai�es all rights and benefits of the homestead
<br /> exemptian laws of the State of Nebraska as to all Indebtedness secured by th�s Deed of Trust.
<br /> DEFINITI�NS. The fiallowing Gapital�zed words and terms shall ha�e the following meanings when used in this Deed ❑fi
<br /> Trust. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawfiul m�ney .
<br /> of the United States o� America. V1lords and terms used in the singular shal! include the plural, and the plural shall
<br /> include the singular, as the context may require. V1lords and terms not otherwise defined in this Deed of Trust shall
<br /> ha�e the meanings attrEbuted to such terms in the Unifiorm �ommercial �ade:
<br /> BenefEciary. The word "geneficiary" means Fi�e Paints Bank, and its successors and assigns.
<br /> Bvrrvwer. The word "gorrawer" means �LDE FARMS IN�, MARK A �LDE and DIAN M �LDE and includes all
<br /> co-signers and co-makers signing the Nate and all theEr successars and assigns.
<br /> Deed vf Trust. The words "Deed of Trust" mean this Deed ❑f Trust among Trustar, Lender, and Trustee, and
<br /> includes without limitation all assignment and security interest pro�isions re�ating to the Persana� Property and
<br /> Rents,
<br /> Default. The word "Default" means the Default set forth in this Deed of Trust in the section tit�ed "De�ault".
<br /> En�irvnmenfial Laws. The words "En�ironmental Laws" mean any and all state, federal and local statutes,
<br /> regulations and ord�nances relating to the protection of human hea�th ❑r the en�ironment, including without
<br /> limitat+an the �omprehensi�e En�ironmental Response, �ompensatian, and Liability Act of �98D, as amended, 4�
<br /> U.S.�. Section 96D1, et seq. �"�ER�LA"}, the Superfiund Amendments and Reauthorization Act of 1986, Pub. L.
<br /> No. 99-499 �"SARA"�,the Hazardous Materials Transportation Act, 49 U.S.�. Section 18D 1, et seq.,the Resource
<br /> �onser�atian and Reco�ery Act, 4� U.S.�. Section 69n1, et seq., or other applicable state or federal laws, rules,
<br /> or regulat�ons adopted pursuant thereto.
<br /> E�ent vf Default. The words "E�ent o�De�ault" mean any ofi the e�ents ofi default set farth in this Deed❑f Trust in
<br /> the e�ents of defiault section o�this Deed of Trust.
<br /> �uaranty. The word "�uaranty" means the guaranty from guarantor, endarser, surety, or accommodation party to
<br /> Lender, including without limitation a guaranty of all or part o�the Note.
<br /> Hazardvus 5ubsfiances. The words "Hazardous Subs�ances" :mean materEals �hat, because ❑f �heir quantity,
<br /> concentration ❑r physical, chemical or infectious characteris�ics, may cause or pose a present or patential hazard
<br /> to human health or the en�ironment when improperly used, treated, stored, disposed o�, generated, manufactured,
<br /> transported or otherwise handled. The words "Hazardaus Substances" are used in their �ery broadest sense and
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