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2� 17� 1455 DEED �F TRUST Loan Nv: "1�13D26�3 ��ontinued� Page 9 baund by the alteration o� amendment. Annual Reports. If the Praperty is ussd fvr purpases ather than Trustor's residence, Trustor shall furnish tv Lender, upon request, a certified statement of net nperating income recei�ed fram the Property during Trustvr's pre�ious fiscal year in such form and detail as Lender shall require. "Net opera#ing incame" shall mean all cash re�eipts from t�e Property less a1l cas�expenditures made in c�nneetion with the aperation of t�e Property. Captian Headings. Caption headings in thEs ❑eed of Trust are for can�enience purp�ses vnly and are nat to be used to interpret�r define the pra�isians n#this Deed of Trust. Merger. Thsre shall be n❑ merger of the interest ❑r estate created by this Deed of Trust with any ot�er interest or estate in the Praperty at any time held by or fvr the ben��it o# Lend�r in any Gapacity, withvut the written consent af Lend�r. Ga�erning Law. This Deed of Trust wi!! be go�erned by f�deral law applicable t� Lender and, to the extent nvt pre�mpted by federaf law, the laws of the 5tate af Nebraska without regard to its conflicts of law pro�isions. This Deed of Trust has heen acc�pted by Lender in the State vf Nebraska. Chaice v� Venue. If there is a lawsuit, Trustor agrees upon Lender's request tv submit tv the jurisdiction of �he courts of Hall County, S�at� af Nebraska. Jo�nt and �e�eral Liability. All ohligativns of Trustar under this Deed o� Trust shall be jvint and se�eral, and af! ref�rences to Trustor shall mean each and e�ery Trustor. This means that each Trustor s�gning below is respansible for all ❑bliga�inns in this Deed af Trust. Nv Vllaiver by Lender. Lender shall not he deem�d to ha�e wai�ed any �ights under this Deed of Trust unless such wai�er is gi�en in wri#ing and signed by Lender. No delay or ❑mission on th� part of Lender in exer�ising any right s�all o�erate as a wai�er of such right ❑r any ❑ther right. A waiver by Lender of a prov�sion of this Deed vf Trust shall not prejudice or constitute a wai�er af Lender's right ❑therwise t❑ demand strict c�mpfiance with that pra�isivn or any ❑ther pro�ision �f this Deed ❑f Trust. Na prior wai�er by Lender, nar any �ourse of dealing be�ween Lender and Trustar, shall constitute a wai�er af any af Lender's rights vr of any of Trustvr's ❑bligativns as t❑ any �uture transa��ians. Whene�er the c�nsent af Lender is required under this Deed a� Trust, th� granting of such consent by Lender in any ins�an�e shalt nat canstitute con�inuing consent to subsequent instan�es where such consent is required and in all cases su�h cansent may be granted ar withhe�d in the sole discretian ❑f Lender. Se�erability. ff a c�urt vf competent jurisdiction finds any pro�ision of this Deed af Trust tfl be illegal, sn�alid, or unenfarceable as to any persvn ❑r circumstanc�, that finding shall not mak� the ❑ffending prv�isian illegal, in�alid, or un�nfarceab�e as to any other persan or cir�umstance. lf feasihle, the �ffending prv�ision shall b� cansid�red modified so that ft becomes legai, �alid and enfarceable. If Che offending pro�ision cann�t be s� modified, it shafl b� consid�red de�e�ed from this Deed D� T!'US�. Un�ess o�herw�se required by law, the illegafity, invalidity, or unenfarceahility of any pra�ision ❑f this �eed af Trust shat! not aff�ct the legality, �alidity or enfarceability ❑� any ather prv�+sion vf thi� Qeed of Trust. 5u��essors and Assigns. Subject ta any limi�ations stat�d in this D�ed vf Trust on transfer of Trustnr`s in��rest, this ❑eed af Trust shall �e binding upan and inure to the benefit of the parties, their su�cessars and assigns. I� ❑wnershfp ❑f the Prvpe�ty becomes �ested in a person other than Trustor, Lender, without noti�e tv Trustor, may dea! with Trustor's successors with reference t❑this Deed af Trust and the �ndebtedness by way❑f fvrbearance vr extension withvut reieasing Trust�r from the vbligativns vf this Deed �f Trust or iiability under the lndebtedness. Time is vf the Essence. Time is vf the essence in the performance �f this ❑e�d ❑f Trust. 1Nai►►er of Homestead Exemption. Trustor hereby releases and wai�es all ri�hts and bene#its of the homestead exemptian laws a�f the State af Nebraska as to all lndebtedness secured b�th�s Deed nf Trust. DEFIN1T14N5. The fal�owing capitalized words and terms shall ha�e the fallowin� meanings wh�n used in this Deed flf Trust. Uniess specifi�ally stated to the contrary, all references ta dollar amvunts shall mean amaunts in lawfuf maney of the United States af Ameri�a. Vllords and terms used in the singular sha�i inc�ude the plural, and the p�ural shall include the singular, as the context may require. Words and terms nat otherwise de#ined in this Deed ❑f Trust shall ha�e the meanings attributed ta such terms in the Un�form Cammercia� Cade: Bene�iciary. The word "geneficiary" means Fi�e Points Bank, and its successors and assigns. Barrower. The word "Borrower" means JQSHUA M VANCE and J�HANNA E VAN�E and in��udes all co-signers and co-makers signing the Note and all their success�rs and assigns. Deed of Trust. The w�rds "❑eed �# Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and �ncludes without limitation a�i assignment and security interest pra�isians relating to the Persnna� Praperty and Rents. Default. The word "CJefault" means �he Default s�t forth in this De�d of Trust in the section titled "❑efault". En�ironmental Laws. Th� wQrds "En�iranmental Laws" m�an any and all state, federa� and I�cal statutes, regul�tions and ordinances rela�ing to the prateetion of human health or the en�irvnment, including without fimitatian the Comprehensi�e En�ironmental Response, Compensatian, and Liat�iiity Act ❑f 19$a, as amended, 42 U.S.C. 5ection 96D1, et seq. �"CERCLA"}, the Superfund Amendments and Reauth�rization Ac� vf 1956, Pub. L.