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2� 1 ��2298 l]EED �F TRUST Laan N�: 1��88743 ��ontinu�d} Page 8 address. For not�ce purposes, Trustar agrees ta keep Lerider infarmed at all �times of Trustar's current address. Unless oth�rwise proWided or r�quired �y [aw. i�there is mvre than on�Trus'tor. any notice gi�en by Lender ta any Trustor is deemed to be notice gi�en t�all Trusto�s. It wi[I be Trustor's responsibility�o te[[the others o#the n�tice frnm Lender. 1V11SCELLANE�US PR�VIS��NS. The�ollowing m�scellaneous pro��sivns are a part of this Deed of Trust: Amendmen#s. lJtilhat is written in �his Deed of Trust and in the Reiated Documents is Trustor's ent�re agreement with Lender can�erning the matters co�ere� by this Deed of T�usf. To be effec�i�e, any change or amendment t� , this Deed o#Trust mus�be in writing and must be signed by whaever wili he hound vr obligated by the change or amendment. Caption Headings. Captivn headings in fihis ❑eed af Trust are for con�enience purposes on[y and are nat to be used to Enterpret�r define the provisEons❑�F this Deed o�F Trust. Merger. There shalI be nv mergsr of the interest or estate created by this Deed of Trust►nrith any❑ther interest ar estat� in the Property a�any�ime hefd by ar fvr the bene#it��F Lender�n any capacity� wi�hou�the written consent of Lender. Choice of Venue. lf there is a lawsuit. Trustor agrees upon Lender's requ�st t❑ submit to the �urisdictian of the �aurts of Hafi �vunty, 5�ate o'�Nebraska. Joint and Several Liabiiity. Afl obiigations of Trustor under this Deed of Trust shali be �vint and se�eraE, and ali references to Trustar sha1I mean each and every T�ustor. This means that �ach Trustvr signEng below is responsibEe�or a11 obligations in this �eed of Trust. Nn Waiver by Lender. Trustor unders�ands Lender wi[[ not gi�e up any of Lender's rights under�his �eed ❑�Trust unless Lender does so in writing. The fact �hat Lender deiays or omits to exerc�se any right wiI! not mean that Lender has g��en up that right. If Lende� does agree in writEng to give up one o� Lender's rights, that does not mean Trust�r will nvt have ta comply with the other pro�isions of this Deed o# Trust. Trustar alsa understands tha� i� Lender dves Cvnsent �o a reques�, that does nvt mean that Trus�ar wi11 nat ha�e �o get Lende�'s canser�# again if the situativn happens again. Trustor fur�her understands�ha��ust because Lender consents to one or more of Trustor`s requests, that does not mean Lender wi[I be required tv consent�o any ❑f Trustar`s tuture requests. Trustor wa�ves presen�ment, demand for payment, protest, and noti�e af dishanor. SeverabiIity. l� a court �inds �hat any provision vf this Deed of Trust is nat �al�d or shau[d not be enforced, �hat fa�t by.itse�f will nat mean tha�the rest of this deed of Trust wi[� nat be Walid ❑r en�orced. Therefore, a court will enf�rce the�est❑�f the pro�isions of this Deed of Trust even i�a prv�isivn v�this Deed of Trust may be#ound ta he invalEd or unen�orceab�e. Successars and Assigns. Subject to any Iimitations stated in this Deed o�Trust on trans�er of Trustar's interest, this ❑eed ❑f Trust shal� be binding upon and inur� t� the benefit of the parties. their su�cessors and assigns. If ownership ❑f the P�operty becom�s �ested in a person other�han Trusfior, L�nder, with�ut notice to Trustar, may deal with Trustar's successors with rs�ersnce to this Deed o�Trust and#he �ndebt�dness by way��orbearance or extension►nrithout releasing Trustor from the ob�igations of this I]eed of Trust or liabi[ity under the lndebtedness. TEme is af#he Essenc�. Time is❑t the essence in the performance of�his Deed of Trust. - Waiver of Homestead Exemption. Trustor hereby releases and wai�es a[I rights and benefiits of the hamestead exemption faws o�th�State af Nebraska as ta all Indebtedness secured by this ❑eed o�Trus�. DEFINITI�NS. The fv[[owing words shall ha�e the�ollowing meanings when used in this ❑eed o�Trust: Beneficiary. The ward "Beneficiary" means F��e Paints Bank, and its successors and assigns. gorrower. The word "Bvrrower" means J�SEPH J KEMLING and MARY B KEML[NG and inc�udes a[[ co-signers and co-makers signing the Note and aI[thsir suc�essors and assigns. D�ed o� Trust. The w�rds "aeed o� Trust" mean this �eed vf Trust among Trustvr, Lender, and Trustee� and �ncludes without Eimitation aIi assignm�nt and security interest pravisions re[ating to the Persona� Property and Ren�s. En�irvnmentaI Laws. The w�rds "EnWironmenta� Laws" mean any and all state, federa! and laca[ s�atutes, regu[ati�ns and ordinan�es reEating to the ��ot�c�ion of human health or the environment� incfuding wi�hout Iimi�tation the Comprehensive En�ironmentai Response, Carnp�nsation, and Liability A�t vf 198�, as amended, 42 U.S.C. Section 96D�, et seq. {"CER�LA"}, the Sup�rtund Amendments and Reauthvriza�ion Ac� of �986, Pub. L. No. 99-499 �"SARA"f, the Ha�a�dous Materials Transportation Act, 49 U.S.C. Sectivn 18��, et seq., the Resource Conservatian and R�co�ery Ac�. 4� L].S.C. Sectivn fi9�'I, et seq., or other app�icab[e state or federal [aws, rules, vr regu[ations adopted pursuant thereta. Event o�Def�ult. The words "Event of Defaul�" rnean any of the e�ents a#default set forth in this [�eed a�Trust in the e�ents of de�ault sectEvn o�fhis Deed o�Trust. Existing �ndehtgdness. The words "Existing Indehtedness" mean the indebtedness described in the Existing Liens pro�isivn of this ��ed of Trust. Hazardous 5ubstances. The w�rds "Hazardous Substances" mean materials that. because vf their quantity,