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2� 1 ��4121
<br /> DEED �F TRUST
<br /> �C�ntinued� Page 7
<br /> this Deed o� Trus�. Any party may change i�s address �vr notices under �h�s Deed o� Trust by gi�ing �orma! writ�en
<br /> notice tv the ather parties, specifying that the purpose of th� notice is to change the party's address. F�r noti�e
<br /> purposes, T�ustor agrees to keep Lender �nformed at all times o�Trus�or's curren�address. Unless atherwise prfl�ided
<br /> or required by law, if there is more than one Trustor, any n�tice gi�en by Lender tv any Trustor is deemed to b� notice
<br /> �i�en to all Trustors.
<br /> MISCELLANEUUS PR�VISI�NS, The�ollowing m�scellaneous pro�isions are a part o�this D�ed o�Trust:
<br /> Amendments. This Deed of Trust, together wi'�h any Re�ated Documents, constitutes the entire und�rstanding and
<br /> agreement o#the parties as to the matt�rs set forth in this Deed o�Trus�. Na alteration o� or amendment to this
<br /> Deed of Trust shall be effecti�e unless gi�en in writing and signed by the pa�ty or parti�s sought to be charged or
<br /> bound by the alterat�on or amendment,
<br /> Annual Reports. I� the Property is used for purpases other than Trustor�5 residence, Trustar shall furn�sh to
<br /> Lender, upvn r�quest, a certified statemen� of net a�erating �ncame recei�ed from the Property during Trustor's
<br /> pre�i�us fiscal year in such �orm and de�ail as Lender shall require. "N�t operating incame" shali mean a�� cash
<br /> r�ceipts from the Property �ess all cash expenditures made �n connec�ion with the�perativn of the Property.
<br /> Cap�ion Headings. Capt�fln headings in this Deed Qf Trust are #ar con�enience purposes only and are nat to he
<br /> used to �nterpret ar define the pro�isions af this Deed of Trust.
<br /> Merger. There shall b� no merger af the interest or estate created by this Deed vf Trust with any oth�� interes�❑r
<br /> estate in�he Proper�y at any time held by or for the benefit ❑f L�nder in any capacity, without the writt�n consent
<br /> ❑f Lender,
<br /> Go�erning Law. This Deed of Trust wi�l he go�ern�d by federa� law applicahle to Lender and, tv the ex�ent no#
<br /> preempted by federal law, the laws of�he Stat� vf Nebraska wi#hout regard�❑ its cvnf�ic#s o�law pro�isivns. This
<br /> Deed vf Trust has be�n ac�epted hy Lender in�he State of N�hraska.
<br /> Chvice of Venue. If there is a lawsuit, Trustor agre�s upon Lender's r�quest to submit to '�he jurisdic�ion �� the
<br /> courts of Hall Caunty, S�ate af Nebraska.
<br /> Joint and 5evera[ Liab�lity. All vbligat�ans of Borrower and T�ustor under this Deed of Trust shall be jaint and
<br /> se�eral, and all re�erences�o Trus�or shall mean each and e�ery Trustor, and all references tv Borrawer shall mean
<br /> each and e�ery Bvrrvwsr. This means that each Trus�vr signing below is responsihle �or all ob��gations in this Deed
<br /> of Trust.
<br /> No Wai�er hy Lender, Lender shall not b� deemed t� ha�e wai�ed any rights under this Deed of Trust unless such
<br /> wa��er is gi�en in �rvriting and signed by Lender. N� delay or om�ssion on the part of Lender in exercising any right
<br /> shall operate as a wai�er��such right or any �ther righ�. A wai�er by Lender vf a pro��sion ❑f this Deed vf Trust
<br /> shall not prejud�ce ar constitu�e a wai�er ❑f Lender's right otherwise to demand strict comp��ance with that
<br /> pro�ision or any o�her pro�ision o� this D��d ❑f Trust. No prior wai�er by Lend�r, nor any course ❑� dealing
<br /> be�ween �ender and T�ustor, sha�� cans�i�ute a wai�er o� any of Lender`s righ�s �� of any o� Trustor's obligations
<br /> as to any future transactions. Whene�er the consent o� Lender is r�quired und�r this Deed o�Trust, the gran�ing
<br /> ❑f su�h cansen� by Lender in any ins�ance shall not consti�u�e c�ntinuing cansent to subsequen� instances where
<br /> such consent is re�uired and in all �ases such consen� may be g�anted or withheld in the sole discretian of Lender.
<br /> 5everability. !f a court o� competent jurisdi�tion �inds any pra�ision of this Deed v�Trus� �o be illegal, in�a�id, or
<br /> unenfnrceable as to any circumstance, that finding sha�� no� make �he affending pro�is�on illegal, in�alid, or
<br /> unenforceab[e as ta any a�h�r circums�an�e. If �easib��, the o�fending prvvision shall he considered madi�ied so
<br /> that it becomes legal, �alid and enforceabfe. lf the offending pro�ision cannot be so mvdified, it shall ��
<br /> consider�d dele�ed from th�s Deed �f Trust. Unl�ss otherwise required by law, the illegality, in�alidity, ❑r
<br /> unenforceability af any pro�isian of this �eed of Trust shall not a�#ec�the legality, �alidity vr enforc�abili�y of any
<br /> vther pro�ision o�this Deed af Trust.
<br /> Successars and Assigns. Subje�t to any limitations stated in this Deed o�Trust ❑n transfer of Trustor's interest,
<br /> this Deed of Trust shafl �e binding upon and inure �o �he benefi� of the par�ies, th��r successars and ass�gns. If
<br /> awnership ofi the Property becomes �es�ed in a pers�n vth�r than Trustvr, Lender, without notice to Trustor, may
<br /> dea[ with Trustar's successors w€th reference t❑this Deed of Trust and the Indebtedness by vvay of forbearan�e�r
<br /> extensian withou�rekeasing Trustor from the obliga�ions o�this Deed o�Trust or liability under the �nd�btsdness.
<br /> Time is of the Essen�e. Time is af the essence in�he per�ormance o'�this Deed o'�Trust.
<br /> Wai�e Jury. A!� parties to this Deed of Trust hereby wai�e the righ#to any jury trial in any aGtivn, proceeding, o�
<br /> counterclaim brvught by any party agains#any o�her party.
<br /> Vllai�er of Homestsad Ex�mptian. Trustor hereby r�leases and wai�es all rights and benefits of �he homes�ead
<br /> exemption laws o�the 5tate af Nebraska as to all Ind�btedness secured by th�s Deed vf Trust.
<br /> DEFiNITI�NS. The fa��awing capitalized words and t�rms shall ha�e the follawing meanings when us�d in this Deed o�
<br /> Trust. lJnless specif�cally stated to the contrary, all referen�es to dallar amaunts shall mean amounts in lawful money
<br /> of the Unit�d 5�ates of America. Words and �erms used in th� s�ngular shalf include the piural, and �he plural shall
<br /> include the singular, as the cantext may require. VVords and terms nat otherwise defin�d in this De�d af Trust shall
<br /> ha�e the meanings attributed to such terms in�he Uni�orm Commer�ial Cod�:
<br /> Beneficiary. Th� word "Beneficiary" means Exchange Bank, and its successors and assigns,
<br /> Barrower. The word "Borrower" means June M. Frank Re�ocable Trust and includes all cv-signers and ca-makers
<br /> signing the Note and al�their successars and assigns.
<br /> Deed vf Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lend�r, and Trustee, and
<br /> includes withaut �imitation all assignment and security interes� pro�isions relat�ng to the Personal Property and
<br /> Rents.
<br /> Default. The word "De�aul�" m�ans�he ❑efault se�forth in this Deed of Trust in the se��ion titled "Default".
<br /> En�ironmenta� Laws. The wvrds "En�ironmen�al Lavvs" mean any and all state, �ed�ra� and loca� statu�es,
<br /> �egu�ations and ordinances relating �o th� pro'tec�ion o� human health or the en�irvnment, in�luding without
<br /> �imitation the Comprehensi�e En�ironmenta� Response, Compensation, and Liabil�ty Act of 198Q, as amended, 4�
<br /> U.S.�. 5ection 9�01, et seq. {"�ERCLA"�, the 5uperfund Amendm�n�s and Reauthoriza�ion Act of 1985, Pub. L.
<br /> No. 99-499 4"SARA"�, the Ha�ardous Mater�als Transportation Act, 49 U.S.C. S�ction �801, et seq., the Resour�e
<br /> �onser�ation and R�ca�ery Act, 42 U.S.C. 5��tian 6941, et seq., or ather applicable stat� or federal laws, rules,
<br /> or reguiations adop�ed pursuant the�e�a.
<br /> E�ent af Defau�t. The words "E�ent af Default" mean any❑f the e��nts�f default set forth in this Deed of Trust in
<br /> �he ev�nts of de#aul�section of th�s De�d of T�ust.
<br /> Guaranty. The word "Guaranty" m�ans the guaranty fr�m guarantor, endorser, surety, or accommoda�ion party tv
<br /> Lender, including without�imitation a guaranty a�all or part o�the Note.
<br /> Hazard�us Substances. The words "Ha�ardvus Substan�es" mean materials �hat, because of their quantity,
<br /> �on�entration or physical, chemical ❑r infectious characteristics, may cause or pose a presen� or potential hazard
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