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2� 17� 1341 ❑EE� �F TRUST Loan No: 'I�13��9�9 {C�ntinued� Page 9 bound by the alfieration o�r amendment. Annuai Reports. �f �he Property is used for purpases �ther than Trustor's residence, Trustor sha[[ furnish �o Lender� upan �-equest. a cer�ified s#atement af net operat�ng income recei�ed fram the Property during Trustor's pre�ious tEscaf year in such �orm and detail as Lender shal[ require. "Ne� operating income" shal� mean a[� cash recei�ts from the Property iess alf �ash expendi�ures made in connec�ion with the operativn of the Property. Caption Headings. Captian headings in this Deed of Trust are fvr cvn�enience purposes ❑nly and are not t� be used to interp�et ar de�ine�he prv�isions❑f this ❑eed ❑f Trust. Merger. There shali be no merger ot the in�erest or esta#e created by this Deed of Trusfi with any o�her interesfi ar estate in the Praperty at any time held by or fvr�he bene�it of Lender in any �apacity, without the written cansent af Lender. �o�erning Law. Th�s Deed af Trust will he governed by federal �aw applicable #o L�nder and, to the exten# not preempted by federal law,the laws vf the State o�Nebras ka without regard to its confii�#s of!aw p�ovisions. This Deed of Trust has been accepted by Lender�n#he 5tate of Nebraska. Choice o# Venue. f� there is a lawsuit, Trustar agrees upon Lender's request ta submit t❑ the �urisdictian of the cvur�s❑�Half County, 5tate��Nebraska. No Waiver hy Lender. Lender sha[I not be deemed to have wai�ed any rights under this Deed af Trust uniess such wai�er is gi�en in w�-i�ing and signed by Lender. N❑ delay or amission ❑n the part of Lender in exercising any right shall operate as a wai�er a�such r�ght or any❑ther right. A }rvai�er by Lender of a pra�ision ❑f this ❑eed of Trust shaf[ not pre�udice or cvnsti�ute a wai�er of Lender`s right ath�rwise fiv demand s�rict cvmpliance with that pro�ision or any ather provisian v�f this Deed of Trust. No prior wai�er by Lender, nor any cvurse of dealing between Lender and T�ustor, sha[l cons#itute a wai�er of any of Lender's rights vr of any ❑f T�us�or's ❑bligativns as �❑ any �uture transactivns. Whene�er the consent of Lender is required under this De�d ❑f Trus�, the granting af such c�nsent lay Lender in any instance sha[E nat �ansti#ute cantinuing cvnsent t❑ suhsequent instan�es where such consent is requ�red and in af1 cases such consent may be g�ranted or withheEd in th�sale discretion of Lender. Se�erabili�y. !f a court of campetent jurisdictivn finds any pro�isivn of this Deed of Trus�to �e i[iega!f in�a�id, ❑r unen�arceabie as fi❑ any c�rcumstance, �hat ��nding shall not make the vffending pro�isian illegal� in�alid, or unenfvrc�ab�e as to any vther circums�ance. [f feasible, the of#ending pro�ision shall be cvnsidered mvdified so tha� it becames �egal, �alid and enfor�eable. lf the ❑#fending prv�is�vn cannot be so madified, Et shaEl be cansidered defeted fram this Deed ❑f Trust. �nless otherwise required by [awf the illegality, in�a[idity. ❑r unen�orceabElity of any pra�ision vf this Deed ❑t Trust shall nvt affect the fegality, �alidity or enforceabili�y vf any other prv�isivn❑��his Deed of Trus�. 5uccessors and Assigns. Subjec�to any [imitat�ons stated in this Deed of Trust on trans�e� of Trustor's interest, this Deed af Trusfi shall be binding upon and inure to �he benefit o� the parties, their successars and assigns. I�r ❑wnersh�p of the Pr�per�y becames �ested in a person ❑ther than Trus�ar� Lender, wi�hout nafiice to Trus�or, may deal wi#h Trustor's successors with referenc��o this Deed of Trust and the �ndebtedness by way of forb�arance ar extension withvut r�[easing Trustvr frvm the nbligati�ns vf this Deed ❑fi Trust a�liability under the indebtedness. Time is of the Essence. Time is o�the essence in the perfarmance ❑f this ❑eed of T�ust. Wa��er vf Hvmest�ad Exemption. Trustor h�reby releases and waives al[ rights and benefits of the homes�ead exemptian laws❑��he 5tate of N�braska as to all �ndehtedness secured by this Deed o�r Trust. DEFINITI�NS. The �vllowing capi�alized words and terms sha[{ ha�e the fo�lowing meanings when used in this ❑eed vf Trust. �nless specificaf[y sta�ed to the contrary� afl �referen�es to dollar amounts shall mean amvun�s in [awful money af the United 5tates of Ame�-ica. Words and terms used in the singufar shall include the plural, and the plural shall include the singuiar, as �he con�ext may require. Vllards and terms nv� �#herwise defined in this ❑eed ot Trust shal� ha��the meanings a�tributed to such terms in fihe Uniform Cvmmercial Cade: Beroeficiary. The ward "Beneficiary" means Fi�e Paints Bank, and its successors and assigns. Borrvwsr. The wo�d "6arrvwer" means THEDC7�RE RQBB and inc[udes all cv-signers and �o-makers signing the Note and all their successors and assigns. Deed of Trust. The words r�Deed of Trusfi" mean this Deed o� T�-us� among Trustvr, Lender, and Trustee, and includes withvufi limitatian all ass�gnment and security interest pro�isions relating to �he Persvna� Property and Ren�s. Defauit. The word "Defau[t" means th� ❑efaul�set farth in fihis Deed of Trust in the sec�ion titled "Defau�t". En►rironmenta� Laws. The words "En�ironmentaf Laws" mean any and all state, fiederal and Ivcal statutes, regula�ions and ordinan�es relating ta the prvtection ❑f human heal�h ❑r the en�irvnm�nt, including without fimitation the Camprehensi�e Enviranmental Respvnse, �ompensat�on, and Liability Act ❑f �98�, as amended, 4� U.S.C. Sectian 96�1, et seq. {"CERCLA"y, the Superfund Amendments and Reautharization A�t vf 1986, Pub. L. Na. 99-499 �"SARA"�, the Hazardous MateriaEs Transpor#ation Act, 49 U.S.C. Section �8�1, et seq., �he Resource Conser�ativn and Re�overy Act, 4� U.S.C. Sectivn G9��, et seq., ❑r other appli�able state or �ederal laws, rules, or reguiations adopted pu�suant th�retv.