|
. . . _ � 2� 1 ��82�4
<br /> DEED �F TRUST
<br /> Loan No: '1 D'�3�]Q'I g� �C�rltinued� Page 9
<br /> Deed vf Trust shail be effecti�e unl�ss gi�en in writing and signed by the party or parties sou�ht tfl be charged or
<br /> bound by the a�teration❑r amendment.
<br /> Annual Reports. If the Praperty is used for purp�ses other than Trustor's residence, Trustar sha11 �urnish ��
<br /> Lender, upon request, a certified statement o� net vperating incame reGeived from the Prvperty during T�ustvr's
<br /> pre�ivus fiscal year in su�h form and detai� as Lender shal� require. "Net operating income" shall mean a�f cash
<br /> �eceipts from the Praperty less all cash expenditures made in connection wi�h the op�ra�ian v�the Praperty.
<br /> Caption Headings. Captifln headings in this Deed ❑f Trust are for con��n�ence purposes vnfy and are not to be
<br /> used t❑�nterpret ar de��ne the pro�isions o�this Deed of Trus�.
<br /> Me�ger. There shall be no me�ger of the interest❑r esta�e �reated by�his Deed n�Trust with any❑ther interest or
<br /> estate in#he Property at any time he�d by or far the benefi�of Lender in any capacity, without�he written consent
<br /> af Lender.
<br /> Gc��erniny Law. This Deed o# Trust wil! b� gave�ned by federal iaw appli�alale to Len�er and, �a the extent no�
<br /> preempted by fe�era�law,the laws of#he S�a�e af Nebraska without regard to its can�iicts o#taw pro�isions. This
<br /> Deed a�Trust has heen accepted by L�nder in the S#a#e of Nebraska.
<br /> Choice af Venue. If �h�re is a lawsui�, Trustor agrees upon Lende�'s request to submit to the �u�isdic�ion o� th�
<br /> courts of HALL�aun�y, State of Nebraska.
<br /> Joint and Se�erai LiabilEty. All ❑bliga�ions of 6arrower and Trustar under this D�ed af Trus� sha�� he joint and
<br /> se�eral, and all reference�to Trustor shall mean ea�h and e�ery Trustor, and all referen�es ra Barrower shal� mean
<br /> each and every Borr�wer. This means that each Trustor signing beCow is responsible for all ob�igations in this Deed
<br /> of Trust. V1lhere any one or more of the parties is a corporation, partnership, fim�ted liabi�ity company o� similar
<br /> entity, it is not necessary for Lender to inquire intv the pvwers a#any of the officers, direc�ors, partners, members,
<br /> or other agents acting ar purporting ta act vn the entity's behaff, and any obfigations made ar crea�ed in re�ian�e
<br /> upvn the prafessed exercise af such powers shall be guaranteed under this Deed vf Trust.
<br /> Na Wai�er by Lender. Lender shafl nat be deemed to ha�e wai�ed any rights under this Deed af Trust unless such
<br /> wai�er is giVen in writing and signed by Lender. No delay a�omission on the part of Lender in�xercising any right
<br /> shall a�erate as a wai�er❑f such right flr any ❑ther right. A wai�er by Lender of a pro�ision of this Deed af Trus�
<br /> shall nvt prejudice ❑r Gonst�tute a wai�er of Lender's right otherwise t❑ demand stric� �ornp�ian�e with that
<br /> prti�isivn or any ather provision af this ❑eed o# Trust. Na prior wai�er by Lender, nar any course o� deal�ng
<br /> between Lender and Trustor, shall cvns�itute a waiW�r vf any ❑f Lender's r�ghts ❑r of any ❑f Trustor's abligations
<br /> as ta any future transactions. Whene�er the �onsen�of Lender is required under this Deed of Trust, the granting
<br /> af such consent by Lender in any �nstance shall na�canstitute cantinuing consent to subsequent instanc�s where
<br /> su�h cansen�is required and in ail cases such consent rnay be granted ar withheEd in the sole discretian of Lender.
<br /> 5e�erabi�ity. If a caurt af �ompeten��ur�sdiction fi�nds any pro�isian of this Deed of Trus�to be il[ega�, in�a�id, or
<br /> unenforceable as t❑ any circumstance, that finding shall nat make the offending pra�ision illegal, inWa�id, ar
<br /> unenfarcea��e as to any o�her cir�umstance. If �easible, the ❑ffending pro�ision shall be considered modi�ied sa
<br /> tha� it becomes legal, �alid and enfor�eable. If the vf�ending pro�isian cannat be so madified, i� shail be
<br /> �onsidered deleted from this D�ed o� Trust. Llnless othe�wise required by law, the iflegali�y, in�a�idity, ar
<br /> unenforceai�ility vf any pravisian of this ❑eed of Trust shall na�affec��he Iegali�y, �a�idity or enforceability ❑f any
<br /> ❑ther pra�isian of this Deed of Trust,
<br /> Suc�essvrs and Assigns. Subj�ct ta any limitations stated in this Deed of Trust ❑n transfier ❑f Trustor's interest,
<br /> this Deed ❑f Trust shall be bind€ng upon and inure to �he benefit af the pa�ti�s, their successors and asstgns. If
<br /> ownership o�the Proper�y bec�mes �ested in a persan other than Trus�ar, Lender, withaut natice to Trustor, may
<br /> deal w�th Trustor's su�cesso�s with reference t�this Deed of Trust and�he Indebtedness by way of forbearance or
<br /> extension withou�releasing Trus#or frorn the obiigations of�his fleed❑fi Trust or liabi�ity under the Indebtedness.
<br /> Time is o�the Essence. Time is of the essence in the perforrnance of th�s Deed o�Trust.
<br /> Wai�er o� Hnmestead Exempti�n. Trus�or hereby re�eases and wa�ves all rights and benefits ot the homestead
<br /> exempt�on laws o#the Sta�e o�Nebraska as tv all �ndebtedness secured by this Deed af Trust.
<br /> DEFlN�Tf�NS. The�ol�owing capi�alized words and terms shall have the fo�[owing mean}ngs when used in this Deed of
<br /> Trust, Unfess specifically stat�d to the �antrary, all references tfl dallar amoun�s sha�� mean amaunts in law�ul money
<br /> of the United States of America. Wards and t�rrns used in the singu(ar shai� include the plurai, and the p�ural shai{
<br /> in�lude the s�ngular, as the can�ext may require. Words and terms nat vtherwise defined in this ❑eed of Trus� shal[
<br /> ha�e the meanings attributed to such terms in the lJniform Commercial Code:
<br /> Beneficiary. The word "Beneficiary" means Fi�e Poin�s Bank, and its successors and assigns.
<br /> Borrower. The ward "Borrower°' m�ans J & B RENTALS LLC, 1NiLLIAM P ZILLER and JULANN K ZILLER and
<br /> includes all co-signers and co-makers signing�he Nvte and ai�their success�rs and assigns.
<br /> Deed vf Trus�. The wvrds "�eed o# Trust" mean �his Deed of Trust am�ng Trus�or, Lend�r, and Trustee, and
<br /> includes without lirnitation all assignment and security interest pr��isions relating �o the Persanal Property and
<br /> Rents.
<br /> De�ault. The ward "De#ault" rneans the ❑efault set forth in�his D��d of Trust in the sectian titled "Default".
<br />
|