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2� 17��45 DEED �F TRUST Laan No: �U�3�� ont�nue�i� Page 9 Amendments. This ❑eed a�r Trus�, tvgether with any Related Documents, consti�u�es the entire understanding and agreemen� ❑f�he parties as to �he ma��ers set forth in �his Deed af Trust. N❑ aitera�ion o� vr amendment tv this Deed vf Trus�shall be e��ecti�e unless gi�en in writing and signed hy �he par�y or parties saught to be charged or bvund �y the a�fiera�ian or amendment. Annual Repor�s. I# the Property Es used tor pur�oses �ther than Trustor's residence, Trust�r shali furnish t❑ L�nder, upon reques�r a cert��ied statement of net operating incom� rece��d fram the Praperty during Trustar's pre�ivus fiscal year in such form and defiail as Lender shall require. "Net ❑pe�ating income" shall mean ak� cash receip�s fr�m�he Praperty less aIE cash expendi�ures made En cvnnec�ion with the ❑peratEon of the Prvperty. � Gapti�n Headings. Cap�ion headings in �his De�d ofi Trust are for can�enien�e purpases only and are nv� tv be used to interpre#❑r define�he pr�visians ❑fi this ❑eed❑�Trust. N[ergsr. There shalf be no merger of the interest or es�a�e created by this �eed ❑f Trust wi�h any other interest or es#ate in the Praperty at any�im� held by �r for the benefi�v� Lender in any capa�i�y, without the writ�en consenfi ❑fi Lender. Governing Law. This Deed of Trust wi[� h� governed by federal �aw appl�cahle �a Lender and, to �he ex#ent not preempted by federai law,the laws of the State of Nebraska withvut regard to its �vnfli��s v�1aw prvWisions. This Deed v�Trust has been accepted by Lender in fhe S�ate vf Nebraska. Choice of Venue. �f there is a lawsuit, Trus�or agrees upvn Lender's request to submit to the jurisdi�ti�n af the cvurts of Hal� County, Sta�e of Nebraska. Join� and Se�eral Liability. A�l obligatEans ❑f Bvrrvwer and Trusto� und�r this ❑eed o# Trus� shall be �oin� and se�eral, and a�l references t❑ Trustvr shall mean each and every Trustor, and aI� refierences t� gorrower shall mean ea�h and e�ery Bor�ower. ThEs means�hat each Trustor signing below is respvnsible fa�r all obli�ativns �n this ❑eed of Trus�, No VIlai�er by Lender. Lender shall not be deemed t❑ ha�e wai�ed any ri�hts unde�-this ❑eed ❑f Trust unless such wai�er is gi�en in writing and signed by Lender. Nv delay❑r omiss�on ❑n the par�o�Lender in exercising any right shall opera�e as a waiWer of such rE�h� or any o�her right. A wai�er by Lender ❑f a pra�ision ❑f this ❑eed o�Trust shall nat prejudice ❑r cvns�i�ute a wai��r �f Lender's right o�herwise t❑ demand strict �ompl�ance wi�h that pro�isivn ar any vther pro�isian of #his Deed �f Trust. No privr wai�er by Lender, nar any caurse a� d�aling between Lender and Trustor, shail canstifiute a wai�er ❑� any ❑f Lender's rights or ❑f any o�Trustar's obligativns as tv any futur� �ransactians. VIlhene�er the consent a�F Lender is �equired under th�s ❑eed ❑f Trust, �he grantfng of such consenfi by Lender in any instanc� sha�i not cons�i�u�e cvntinuing consent t❑ subsequen� instances where such cvnsent is required and in all �ases such consent may be granted a�-withheld in the sole discretion of Lender. SeWerability. I� a court ❑f campetent jurisdiction finds any pr��ision ❑#this ❑eed of Trus� to be illegal, in�alid, or unenfarceable as to any person �r �ir�umstan�e, that finding shaEE not make the fl�#ending prv�ision �Ef�gal, in�alid, or unenforceable as to any other persan or circums�ance. lf feasible, �he ❑ffending provision shall be considered madified s❑ �hat Et becomes legal, valid and enfvr�eable, If�he offending pro�isivn cannot be so mvdified, i� shall be �ansidered deie�ed from �his ❑eed of Trus�. Unless o�herwise requir�d by law, the illegality, in�alidity, vr unenforceah��ity afi any pra�ision o�this Deed of Trust sha!! nat a��ect the legali�y, �alidity or en�vrceability ❑� any ❑ther provision vf this Deed ❑f Trust. 5uc�ess8rs and Assigns. Subje�t to any limitations stated in �his ❑eed af Trust on transfer o�Trus�or's in�erest, this I�eed of Trus� shaff be binding upon and inure to the bene#�t of the parties, th�ir successors and assigns. �f ❑wnership of the Property becomes vested in a person vther than Trustor, Lender, without nvtice to Trustor, may deal with Trustvr's successars with re#erence to th�s Deed afi Trust and the Indebtedness by way of forbearan�e or ex#ens�on wi�hout releasing Trus�or fram the obl�ga�ions of this Deed v#Trust ar liability under the Indebtedness. Time is of�he Essence. Time is of the essence in the performance of this ❑eed of Trus#. V�aiver of Hvmestead Exempt�an. Trustor hereby re�eases and wai�es alI rights and benef�ts �f the h�mestead exemp�ion laws of the Sta�e ❑fi N�braska as to all lndebtedness secured by this Deed ❑f Trus�. DEFINITI�NS. The followEng capitalized wvrds and terms shall ha�e �he foflvwing meanings when used in th�s ❑eed ❑� Trust. Unless specifi�affy sta�ed ta the cantrary, alf references t❑ do��ar amoun�s shail mean amounts in lawful money ❑f �he United 5tates of America. Vllvrds and terms used in the singular shail inc�ude th� plural, and the plural shall incEude the singular, as the �ontex� may require. V1lords and terms not ❑�h�rwEse de�in�d in this Deed ❑# Trust shall have�he meanings attrihuted�❑such terms in the LJni�orm Cammer�ial Code: Benef�ciary. The wvrd "Beneficiary" means Fi�e Poin�s Bank, and its successvrs and assigns. Borrower. The wvrd "Borr�wer" means DUANE L. LEITSCHIJCK AI�A ❑UANE LE�TS�HLICK and includes all c�-signers and co�makers signing the Note and all their successors and assi�ns. Deed of Trust. The words "Deed af Trust" mean this Deed af Trust among Trusfivr, Lender, and Trustee, and includes withou� limitativn all assignment and securi�y inter�st pro�isions relating t❑ the Persona� Prvper�y and Ren�s: Default. The ward "Default" means�he Defau�t set forth in�his D�ed o�Trus�in the section titled "Defau�t".