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2� 1 �� 1 �8� DEEa �F TRUST Loan No: 1�'I�94�4� ��ontinued} Page 9 gi�en t❑ all Trustors. MISCELLANE�US PR�VjSIC]N5. The following miscellaneaus pra�isions are a part of this Deed ❑f Trust: Amendments. This Deed of Trust, together with any Related Documents, constitutes �he entire understanding and agreement af the parties as t❑ the matters set forth in �his Deed ❑f Trust. No alteration of ❑r amendment ta this Deecf ❑� Trust shall �e effec�i�e unless given in writing and signed by the party ❑r parties sought to be charged or baur�d by the alteratian ❑r amendment. Annual Reports. If the Property is used far purposes ❑ther than Trustor`s res+dence, Trustor shaff furnish �o Lender, upon request, a certified statement of net aperating income rec�i�ed from the Property during Trus�or's pre�ious fiscal year in such form and detail as Lender shaff require. "Net operating in�ame" shall mean aff cash receipts from the Property �ess all Gash expenditures made in cannection with the ❑peration af the Property. Caption Headings. Caption headings in this Deed ❑f Trust are for �on�enience purposes only and are not to be used t❑ interpret or define the pr�visions ❑f this Deed of Trust. IVlerger. There shal# be na merger�t the interest or estate created by this Deed ot Trust vvith any other rnt�rest❑r es�ate in the Property at any time heid by or far the bene�it ❑f Lender in any �apacity, without the written c�nsent of L�nder, Ga�erning Law. This Deed of Trust will be go�erned by federa! law applicable to Lender and, ta the extent nat pree�npted by federa� law, the laws of the State of Nebraska withaut regard to its �anflicts of law pro�isions. This Deed of Trust has heen accepted by Lender in the State of Nebraska. Choi�e ❑f Venue. If there is a lawsuit, Trust�r agrees upan Lender's request �o su�mit ta the jurisdiction ❑f the courts ❑f Hall County, State ❑f Nebraska. Jo�n� and Se►►eral Liability. All obligations of Trustor unde� this Deed of Trust shall be jain� and se�eral, and aII references to Trustor shall mean each and e�ery Trustor. This means that each Trustor signing beEow is respansible for all obligatians in this Deed of Trust. No VI1ai�er by Lender. Lender shal! not be deem�d to ha�e wai�ed any rights under this Deed of Trust uniess su�h wai�er is gi�en in writing and signed by Lender. N❑ delay or ❑mission ❑n the part ❑f Lender in exercisfng any right shall operate as a wai�er ofi such right ❑r any other right. A wai�er by Lender of a pro��sion ❑f this ❑eed ❑�Trust s�all nflt pr-eludice ❑r canstrtute a wai�er at Lender's right atherwise ta demand strict c�mpliance with that pra�usian or any ❑th�r pro�'tsion af this Deed of Trust. No prior wai�er by Lender, nor any caurse of dealing be�w�een Lender and Trust�r, shail constitute a wai�er ❑f any of Lender's rights ar o# any of Trustar's obligati�ns as t❑ any future transactions. Whene�er �he consent of Lender is required under this ❑eed af Trust, the granting of su�h consent by Lender in any instance shall not cansti�ute continuing cansent t❑ subsequent instan�es where 5L1Ch COnSBClt is required and in all cases such consent may be granted ❑r withheld in the sale dis�retian of Lender. Se��rability. If a �ourt of campetent jurisdictian finds any pro�ision af this Deed af Trust to be illegal, in�alid, ❑r un�r�forceable as to any person ar circumstance, that finding shall not make the ❑ffending pra�ision illegal, in�alid, ❑r unenfarceable as to any other persan or circumstance. lf feasib�e, th� offending pro�ision shal! be considered modified so that i� becomes legal, �alid and enfarceable. If the ❑ff�nding pro�ision cannot be s❑ madified, it shall be considered deleted from this De�d ❑f Trust. Unless ❑therwise required �y law, the ilfegality, inval�dity, or une�for�eability �� any pra�ision of this Deed ❑f Trust shall not a�fect the legality, �alid�ty or enforceability ❑# any ather pro�ision af this Qeed af Trust. 5uccessors and Assigns. Subject to any limitatians stated in this Deed of Trust on transfe� of Tr�stor's interest, this Deed of Trust sha11 be binding upon and inure to the benefit ❑� the parti�s, their successars and assigns. af awnership n� the Prope�ty be�omes �ested in a {�erson other than Trustor, Lender, without noti�e to Trustor, may deal with Trustor's successors with reference ta this Deed af Trust and the Indebtedness by way of forbearan�e or extension withou� re[easing Trus�or fr�m the �bligations of this Deed ❑f Trust❑r iiability under the Indebtedness. Tim� is of the Essence. Time is a#the essence in th� performance ❑f this Deed of TrusY. Waiwer of Hvmestead Exempt�on. Trustor hereby releases and wai�es all rights and bene�its of the homestead exemp�ion laws af the Stat� of IVebras�ca as to all Indebtedness secured by this Deed of Trust. DEFIN[TIDNS. The following capitalized wards and terms shall ha�� he fol�owing meanings when used in this De�d of Trust. U�less specif�cally stated to the contrary, ali re�erences to dailar amoun�s shall mean amaunts in lawful money af the lJnited 5tates of America. Words and �erms used in the singular shall include the piural, and the plural shall inc�ude the singuiar, as the cantext may require. Words and terms not atherwise defined in this Deed of Trust shall ha�e the meanings attributed to such terms in the LJniform Commerciai Code: Beneficiary. The ward "geneficiary" means Fi�e Points Bank, and its successors and assigns� 6orrowe�. The word "Borrower" means LARRY J KNUTH and KAREN L KNUTH and includes all ca-signers and co-makers signing the Note and al� their su�cessors and assigns. Deed ❑f Trust. The words "❑eed af Trust" mean this Deed of Trust amang Trustar, Lender, and Trustee, and includes withaut limitat�ion all assignment and security interest pra�isions relating t❑ the Personal Praperty and Rents.