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2� 1 7�2 7�2 DEEa �F TRUST Loan No; 'I�13�4'1'I 2 ��Drltin u�d� Page 9 bound by the alteration or amendment, Annual Reports. �f the Property is used for purposes ❑ther than Trustor's residence, Trustor shall furnish to Lender, upon request, a certi�ied statement of net operating income recei�ed fram the Property during Trustar's pre��iaus fiscal year in such form and detail as Lender shall require. "Net operating income" shall mean ail cash receipts from the Property less alf cash expenditures made in connection with the operation qf the Prvperty, Caption Headings. Captian headings in this ❑eed of Trust are for �on�enience purposes anly and are nQt to be used t❑ interpret❑r define the pro�isivns ❑f this Deed ❑f Trust. Merger. There sha�f be no merger� of the interest or estate crea�ed by this ❑eed ❑f Trust with any�ther interest or estate in the Property at any t�me heid by or for the benefit af Lender in any capacity, withaut the writfien cvnsent ❑f Lender, Go►►erning Law. This Deed of Trust will be go�erned by �ederal law applicable tv Lender and, to the extent no# preempted t�y federal law, the laws of the State of Nebraska withvut regard to its conflicts vf law pro�isivns. This Deed vf Trust has been accepted by Lender in the 5tate of Nebraska. Chvice af Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdictivn ❑f the courts of Hal! County, State ❑f Nebraska. Jvint and 5e�eral Liability. A�I vbligations of Trustor under this Deed ❑f Trust shall be joint and se�eral, and all re�erences t❑ Trustor �hall mean each and e�ery Trustor. Thfs means that each Trustar signing be�ow is �es�onsible for all ❑bligations in this Deed ❑f Trust. No Waiver by Lender. Lender shall not be deemed to ha�e wai�ed any rights und�r �his Deed of Trust unless such wai�er is gi�en �n writing and signed by Lender. N❑ delay or ❑missEon on the part of Lender in exercising any right shall operate as a wai�er of such right or any other right. A wai�er by Lender of a pra�ision ❑f this Deed of Trust shall not prejudice ar constitute a wai�er of Lender's r�ght atherwise to demand stri�t compfiance with that pro�risifln or any ather pro�ision ❑f this ❑eed of Trust. No priar wai�er by Lender, nor any �ourse af dealing between Lender and Trustor, shall �anstitute a wai�er ❑f any of Lender's rights ❑r of any of Trustor's abligations as t� any #uture transactians. Whene��r the consent af Lend�r is required under this Deed of Trust, the granting af such c�nsent by Lend�r in any instance shall nat c�nstitute cantinuing consent t❑ subsequent instances where such �onsent is required and in all cases su�h consent may be granted or withheld in the sole discretian af Lender. Se��rability. If a c�urt ofi competent jurisdic�ion f�nds any pro�ision of this ❑eed of Trust to be illegal, in�alid, or unenforceable as t❑ any pers�n or circumstance, that finding shall not make the offending pro�ision illegal, in�alid, ar unenforceable as t❑ any other person or circumstance. If feasible, the ❑�fending pro�ision shall be cansidered modifiied s❑ that it becomes legal, �alid and entorceable. If th� vffending pra�ision cannat be so modifiied, it shall be cansidered defeted fram this Deed of Trust. lJnless otherw�se required by faw, the illegality, in�alidity, ar unenforceabifity af any pro�ision of this Deed af Trust shall nat affect the legality, �alidity or enforceability of any ❑ther pra�ision of this Deed of Trust. Suceessors and Assigns. Subject tv any limitations stated in this Deed ❑f Trust ❑n transfer ❑f Trust�r's interest, this Deed of Trust shall be binding upan and inure to the benefit ❑f the parties, their su�cessors and assigns. If vwnership ❑� the Property becomes vested in a person ❑ther than Trustor, Lender, without notice to Trustor, may d�al with Trustor's suc�essors with reference to this Deed ❑f Trust and the Indebtedness by way of for��arance �r extension wi�hout releasing Trustar from the obiigativns of this Deed ot Trust ar liability under the Indebtedness. Time is vf the Essence. Time is of the essence in the per�orman�e af this Deed of Trust. Waiver of Homestead Exemption. Trustor hereby releases and wai�es alf rights and benefits af the hamestead exemption �aws a�the State ❑f Nebraska as �to a!I lndebt�dness secured by this Deed of Trust. DEF�NITl�]NS. Th� following capitalized words and terms shall ha�e th� fvllowing meanings when used in this Deed of Trust. Unless specifica�ly stated t❑ the �ontra�y, all references to dollar amounts sha11 mean amounts in lawful money of the United States of Ameri�a. Words and terms used in the singular shall include �he piural, and the pluraE shail include the singular, as th� �antext may require. Wards and terms nat ❑therwise defined in this Qeed of Trust shalf ha�e the meanings attrihut�d to suGh terms in the Uniform Commerciai Code: Beneficiary. The word "Beneficiary" means Fi�e Points Bank, and its su�cessors and assigns. Barr�wer. The word "Bo�rower" means EDMUN❑ R KERSHAW III and MICHELLE K KERSHAW and inc�udes all co-signers and cv-makers signing the Note and alf their successars and assigns. Deed of Trus�. The words "Deed of Trust" mean this Deed ❑f Trust amang T�ustor, Lender, and Trustee, and inc�udes without limitation all assignment and secu�ity interest pro�isions relat�ng to �he Personal Praperty and Rents. Def�ult. The word "Defauft" means the Defauft set farth in this ❑eed ❑f Trust in the section titled "Default". En�irvnmental Laws. The wards "En�ironmental Laws" mean any and all state, federal and lacal statutes, regulations and ❑�dinances relating to the prate�tion of human health or the en�ironment, including wi�hout I�mit�tion the Camprehensi�e En�irvnmental Response, Campensation, and Liability Act af 1980, as amended, 42 U.S.C. 5e�tion 9601, et seq. �"CERCLA"}, the 5uperfund Amendments and �eauthorizatian Act af 1986, Pub, L.