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2� 17��272
<br /> DEED �F TRUST
<br /> Loan Nv: '1�13��17� ��ontinued� Page 9
<br /> Merger. There shall be no mergs� vf the interest❑r estate created by this Deed af Trust with any vther interest�r
<br /> estate in the Property at any time held hy �r for the benefit of Lender in any capacity, withaut the written cflnsent
<br /> of Lender.
<br /> Cv�erning Law. This Deed vf Trust will be go�erned by federal Eaw applicable to Lender and, to the extent not
<br /> preempted by federa� law, the laws of the State vf Nehraska withvut regard to its cvnflicts af law pro�isivns. This
<br /> ❑eed ❑f Trust has been accepted by Lender in the State❑f Nebraska.
<br /> ChoiGe �f Venue. If there is a lawsuit, Trustor agrees upan Lender's request t❑ submit ta �h� jurisdictian vf the
<br /> courts af Hall Cvunty, State af Ne�ra�ka.
<br /> Na Wai�er by Lender. Lender shall not be deemed to ha�e wai�ed any rights under this Deed ❑f Trust unless such
<br /> wai�er is gi�en in writing and �Egned by Lender. No delay or�mission vn the part ❑f Lender in exercising any right
<br /> shati nperate as a wai�er of such right ❑r any ather right. A wai�er by Lender of a pra�isivn of this Deed af Trust
<br /> shal! noC prejudice ar constitute a wai�er v� Lender's right otherwise to demand strict compliance with that
<br /> pro�ision or any other pro�ision of this Deed af Trust. I�o privr wai�er by L�nder, nvr any c�urse �� dealing
<br /> between Lender and Trustor, shall constitute a wai�er af any of Lender's rights or vf any af Trustar's abligations
<br /> as t❑ any future transactFons. Vllhene�er the cansent vf Lender is required under this ❑eed of T�ust, the granting
<br /> af such consent by Lender in any instance shall nvt constitute continuing cvnsent to subsequent instances where
<br /> su�h cansent is required and fn alf cases such cvnsent may be granted nr withhe�d in the sole discretion of Lender.
<br /> Se�erahility. If a court of �vmpetent jurisdicttvn finds any pro�ision nf this �]�ed of Trust ta be illegal, in�alid, or
<br /> unenforceable as to any �ircumstan�e, that #inding shall n�i make the offending pra�ision il�egal, in�alid, or
<br /> unenfor�eable as to any ❑ther circumstance. If feasible, the offending pra�ision shall be considered modi�ied so
<br /> that it becomes �egal, �alid and enf�rceable. If the �ffending pro�isian cannat be so m�difFed, it shal� be
<br /> considered deleted from thfs Deed of Trust. Unl�ss otherwise required by law, the illegality, in�alidity, ar
<br /> unenfor�eability of any pro�isian of this Ds�d of Trust shall nat aff�ct the legality, �alidity or en�orcea�ility ❑f any
<br /> other pro�isi�n of this D�ed ❑f Trust.
<br /> 5uccessors and Assigns. Subject tv any limitations s#ated in this ❑eed ot Trust �n transfer of Trustor's interest,
<br /> this Deed ❑f Trust shall be binding upvn and inur� ta the b�nefit of the parties, their successors and assigns. �f
<br /> �wnership vf the Property becvmes �ested in a person oth�r �han Trustor, L�nder, without natice t� Trustor, may
<br /> deal with Trustor's successars with refierence to this Deed of Trust and the indebt�dness by way ❑f forbearance or
<br /> extension without re�ea�ing Trustar trom the obligativns of this Deed af Trust or fiability under the Indebtedness.
<br /> Time is vf the Essence. Tim� is of the essen�e in the perfvrmance of this Deed of Trust,
<br /> Wai�er of Hvmestead Exemption. Trustor hereby releases and wai��s all rights and benefits af the hvmestead
<br /> exemption laws of the State of Nebraska as to all lndebtedness secured by this D�ed of Trust.
<br /> DEFINITIDNS. The fa�lowing capitalized wards and terms shall ha�e the fo�lowing meanings when used in this Deed of
<br /> Trust. Unl�ss specifically stated t❑ the �ontrary, af! feferences to dollar amounts shall mean amQunts in lawful maney
<br /> ❑f the United 5tates af Amerfca. Words and terms used in the singular shall include the plural, and the plural shall
<br /> include the singuiar, as the Gvntext may require. Wards and terms not atherwise defined in this Deed vf Trust shall
<br /> ha�e the meanings attributed to su�h terms in the Uniform Commercial Code:
<br /> Beneficiary. The word "Bens�iciary" means Fi�e Points Bank, and its su�cessors and assigns.
<br /> Borrawer. The word "Borrower" means GREG W R�BB and includes all co-signers and cv-makers signing the Note
<br /> and al� their succ�ssors and assigns.
<br /> Deed of Trust. The words "Deed ❑f Trust" mean this Deed of Trust among Trustor, Lender, and Trust�e, and
<br /> includes w�thaut limitation all assignment and security interest pro��sions relating to the Per$vnai Prape�ty and
<br /> Rents.
<br /> Default. The word "Default" means the ❑�fau�t set farth in this Deed of Trust in the se�tivn titled "D�fault".
<br /> En�ironmen#al Laws. The words "En�iranmental Laws" rnean any and a�i state, federal and �o�a� statutes,
<br /> regulatinns and ordinances relating ta the prvtection of human health or the en�ironment, including withvut
<br /> limitation tl�e Cvmprehensive En�ironmental Responser Gvmpensativn, and Liability A�t of 198�, as amended, �2
<br /> U.S,C. Section 95��, et seq. t"CERCLA"}, the Superfund Amendments and Reauth�rizativn A�t af 1986, Pub. L.
<br /> Nv. 99-499 �"SARA"}, the Hazardaus Materials Transpartation Act, 49 U.S.C. 5ection 18�1, et seq,, the Resource
<br /> Canser�atton and Rec��ery Act, 4� U.S.�. 5ection 69��, et seq., or ofher applicable state or federal laws, rules,
<br /> ar regulations adapted pursuant thereto.
<br /> E�ent of Default. The words "E�ent vf �efault" mean any o#the e�ents af defau�t se�farth in this ❑eed of Trust En
<br /> the e�ents of default section vf this D�ed af Trust.
<br /> Existing �ndeb#edne�s. �he wards "Existir�g Indebtedness" mean the indebtedness described in th� Existing Li�ns
<br /> pravision of this ❑eed of Trust.
<br /> Guaranty, The word "Guaranty" means the guaranty fram guarantor, endvrs�r, surety, ❑r accammodativn party to
<br /> Lender, including without limitatian a guaranty o#all ❑r part❑f the Note.
<br /> Hazardvus Substan�es. The words "Hazardous Substances" mean materia�s that, b�cause ❑f their quantity,
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