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2� 17�2�93 DEED �F TRUST L�an No: ��'13�38�� orltirlu�d� Page 9 baund by the alteration❑r amendment. Annual Reports. If the Property is used fvr purposes vther than Trustor's residence, Trustor shall furnish t❑ L�nder, upan request, a C�rtified stat�rr�ent ot net aperating income reeei�ed �rom t�e Praperty �luring Trustor's pre�ious fiscal yea� in such fvrm and detail as Lender shall requ�re. "Net ❑perating income" shall mean all cash receipts tr�m the Pr�perty less all cash expenditures made in �onnectivn with the aperation of the Proper�y. Caption Headings. Caption headings in this Deed pf Trust are for can�enien�e purposes only and are nvt t❑ be used to interpret or define the pra�isians af this Deed of Trust. 1111erger. There shal! be no merger�f the interest or estate created by this Deed ❑f Trust with any other inter�st or estate in th� Property at any time held by or rtar the benefiit of Lender in any capacity, without the written �onsent of Lender. Gv�erning Law. This Deed vf Trust will be so�erned by federal �aw applicahle to Lender and, to the extent nvt preemp#ed by federal law, the laws of the State of Nebraska without regard to its eonfli�ts of law pravisians. This ❑eed vf Trust has bsen accep#ed by Lender in the State vf Nehraska. Choice of Venue. If ther� is a lawsuit, Trustor agrees upan Lender's request to submit to the jurisdiction af the �ourts ❑f Hall Caunty, 5tate of Nebraska. Joint �nd Se�eral Liability. All obligat�ons of Trustor under thts Deed of Trust shall be jaint and se�eral, and all references t� Trustor shall m�an each and e�ery Trustor. This means that each Trustar signing below is r�spansible t4r all❑bligations fn this Deed ot Trust. No WaiWer by Lender. Lender shai� not be deemed to ha�e wai�ed any rights under this Deed af Trust unless such wai�er is gi�en in writing and signed by Lender. Na delay ar❑mission on the part of Lender in exer�ising any right sha�1 operate as a wai�er ❑f such r�ght ar any ❑ther right. A wai�er by Lender af a pro�ision of this ❑eed of Trust shall not prejudice or constitute a wai�er of Lender's right otherwise to demand strict compliance with that pro�ision or any oth�r pro�ision of this �eed of Trust. N❑ privr wai�er by Lender, nor any course vf dealin� between Lender and Trustvr, shall canstitui� a wai��r of any of Lender's rights vr o� any af Trustor's ❑bligations as �ro any future transactions. Whene�er the consent of Lender is required under this Deed of Trust, the granting of such consent by Lender in any instancs shall nat constitute continuing consent ta subsequent instances where such consent is required and in a�l case� such cansent may be granted ❑r withheld in the sale discreti�n flf Lender. 5e�erabili#y. If a caurt of competent jurisdiction finds any prv�ision of this Deed af Trust t❑ be illegal, �n�alid, ar unenfiorceable as t❑ any person ar circumstanc�, that #inding shall not make the offending prv�ision illegal, in�alid, or unenfarceable as t❑ any other person ❑r circumstance. If feasible, the offending pro�ision shall be cansidered modified so that it #�ecvmes legal, �alid and enforceab�e. If the of�fending pra�ision cannvt b� so madified, it shall be considered deleted �firam this Deed of Trust. Unless otherwise required by law, the ilfegality, in�alidity, �r unenfvrceability of any prv�isian nf this Deed of Trust shall nvt affect the legality, �alidity vr enforceability of any ather pro�ision of this Deed of Trust. Successors and Assigns. Subject ta any limitatfans stated in this Deed of Trust ❑n transfer of Trustor's interest, this Deed af Trust sha�� be bind�ng up�n and inure ta the benefit af the parties, their su��essors and assigns. If ownership of the Pr�perty hecomes �ested in a person other than Trustar, Lender, withvut natice t❑ Trustor, may deal w�th Trustvr's successors with referen�e to th�s Deed of Trust and the Indebtedness by way a#forbearance or exten�ivn withaut releasing Trustor frvm the vbligations of this Deed of Trust ar liability under the Indebtedness. Time is of the Essence. Time is of the essence in the performance of this Deed of Trust. Wair►er of Hvmestead Exemption. Trust�r hereby r�leases and waives all rights and benefits of the h�mestead exemptian laws ❑f the State af Nehraska as to all 4nd�btedness secured by this ❑eed af Trust. i]EFINITIQNS. Th� following capitalized wards and terms shall ha�e the �vllawing meanings when use� in this �eed vf Trust. lJnless specifically stated to the �vntrary, all referen�es t❑ dollar amounts shall mean amounts in lawfut money of the Llnited 5tates of America. Vllords and terms used in the singular shall inc�ude the plural, and the plura! shall include the singular, as the cantext may require. Words and terms not otherwise defined in this Deed ❑f Trust shaii ha�e th� meanings att�ibuted ta such terms in the Uniform C�mmercial �ode: Benefi�iary. Th� word "8eneficiary" m�ans Fi�e Points 6ank, and its successars and assigns. Bvrrawer. The word "Barrowe�" means E�MUND R KERSHAIN II! and �VIICHELLE !{ KERSHRIN and includes all co-signers and co-makers s�gning the Nv�e and all their sucGessors and assigns. Deed of Trust. The wvrds "Deed of Trust" mean this ❑eed �f Trust amvng Trustar, Lender, and Trustee, and includes without limitation all assignment and security tnterest pra�isions relating to the Personal Property and Rents. Default. The word "Default" means the Default set forth in this Deed �f Trust in the sectian titled "Default", En�ironmen#al Laws. The w�rds "En�irvnmental Laws" mean any and all state, federal and local statutes, regulatians and ordinances relating to the prvtect;an of human heaith ar the en�irvnment, in�luding withaut limitatian the Cvmprehensi�e En�irvnmental Response, Cvmpensativn, and Liability Act of 198Q, as amended, 42 IJ.S.C. Sectian 9fi�1, et seq. �"CERCLA"}, the 5uperfund Amendments and Reauthari�ation Act of 198�, Pub. L.