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If 200006732 DEED OF TRUST <br />(Continued) Page 6 <br />the purpose of the notice is to change the party's address. For notice purposes, Trustor agrees to keep Lender Informed at all times of Trustor's <br />current address. Unless otherwise provided or required by law, If there is more than one Trustor, any notice given by Lender to any Trustor is <br />deemed to be notice given to all Trustors. <br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: <br />Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the parties <br />as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given In writing <br />and signed by the party or parties sought to be charged or bound by the alteration or amendment. <br />Annual Reports. If the Property is used for purposes other than Trustor's residence, Trustor shall furnish to Lender, upon request, a certified <br />statement of net operating income received from the Property during Trustor's previous fiscal year in such form and detail as Lender shall <br />require. Not operating income" shall mean all cash receipts from the Property less all cash expenditures made in connection with the <br />operation of the Property. <br />Caption FNadings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define <br />the provisions of this Deed of Trust. <br />Merger. There shall be no merger of the Interest or estate created by this Deed of Trust with any other Interest or estate in the Property at <br />any time held by or for the benefit of Lender In any capacity, without the written consent of Lender. <br />Governing Law. This Deed of Trust will be governed by, construed and enforced In accordance with federal low and the laws of lira <br />State of Nebraska. This Dead of Trust has been accepted by Lender In the State of Nebraska. <br />Joint and Several Liability. AN obligations of Trustor under this Deed of Trust shall be joint and several, and all references to Trustor shall <br />mean each and every Trustor. This means that each Trustor signing below is responsible for all obligations in this Deed of Trust. <br />No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waterer Is given in <br />writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or <br />any other right. A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's right otherwise <br />to demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of <br />dealing between Lender and Trustor, shall constitute a waiver of any of Lender's rights or of any of Trustor's obligations as to any future <br />transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting of such consent by Lender in any Instance <br />shall not constitute continuing consent to subsequent instances where such consent is required and In all cases such consent may be <br />granted or withheld in the sole discretion of Lender. <br />Severablilty. If a court of competent jurisdiction finds any provision of this Deed of Trust to be Illegal, Invalid, or unenforceable as to any <br />person or circumstance, that finding shall not make the offending provision Illegal, invalid, or unenforceable as to any other person or <br />circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the <br />offending provision cannot be so modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the <br />illegality, Invalidity, or unenforceability of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of any other <br />provision of this Deed of Trust. <br />Success= and Assigns. Subject to any limitations stated In this Deed of Trust on transfer of Trustor's interest, this Deed of Trust shall be <br />binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a parson <br />other than Trustor, Lender, without notice to Trustor, may deal with Trustor's successors with reference to this Deed of Trust and the <br />Indebtedness by way of forbearance or extension without releasing Trustor from the obligations of this Deed of Trust or liability under the <br />Indebtedness. <br />Time is of the Essence. Time is of the essence in the Wormanoo of this Deed of Tryst. <br />Waiver of Homestead Exemption. Trustor hereby releases and waives all fights and benefits of the homestead exemption laws of the State <br />of Nebraska as to all Indebtedness secured by this Deed of Trust. <br />DEFINITIONS. The following capitalized words and terns shall have the following meanings when used in this Deed of Trust. Unless specifically <br />stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms <br />used In the singular shall include the plural, and the plural stall include the singular, as the context may require. Words and lams not otherwise <br />defined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code: <br />Beneficiary. The word "Beneficiary" means United Nebraska Bank, and its successors and assigns. <br />Borrower. The word "Borrower" means MICHAEL R FLODMAN and DEBRA L FLODMAN , and all other persons and entities signing the <br />Note In whatever capacity. <br />Dead of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and Includes without Imitation all <br />assignment and security interest provisions relating to the Personal Property and Rents. <br />DO". The word "Deftuir means the Default set forth in this Deed of Trust in the section titled "Default". <br />Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances <br />relating to the protection of human health or the environment, including without Imitation the Comprehensive Environmental Response, <br />Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. ("CERCLA'), the Superfund Amendments and <br />Reauthorization Act of 1966, Pub. L. No. 99-499 ("SARA'), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, M seq., the <br />Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or other applicable state or federal laws, rules, or regulations <br />adopted pursuant thereto. <br />Event of DO M. The words "Event of Default" mean any of the Events of Default set forth in this Deed of Trust In the Events of Default <br />section of this Deed of Trust. <br />i XIsting Indebtedness. The words "Existing Indebtedness" mean the Indebtedness described M the Existing Liars provision of this Deed of <br />Trust. <br />Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without <br />Imitation a guaranty of all or part of the Note. <br />Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, <br />chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when Improperly <br />used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are <br />used M their wry broadest sense and kx ude without limitation any and all hazardous or tonic substances, materials or waste as defined by <br />or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without Imitation, petroleum and petroleum <br />by- products or any fraction thereof and asbestos. <br />Improvements. The word "Improvements" means all existing and future improvements, buildings. structures, mobile homes affixed on the <br />Real Property, facilities, additions, replacements and other construction on the Real Property. <br />Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, caste and expenses payable under the Note or <br />Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitullons for the Note or Related <br />Documents and any amounts expended or advanced by Lender to discharge Trustoes obligations or expenses Incurred by Trustee or <br />Lender to enforce Trustor's obligations under this Deed of Trust, together with interest on such amounts as provided in this Deed of Trust. <br />Lender. The word 'Lender" means United Nebraska Bank, its successors and assigns. <br />Note. The word "Note" means the promissory rote dated August 16, 2000, in the original principal amount of $25,000.00 from <br />Trustor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the <br />promissory note or agreement. The maturity date of this Deed of Trust Is September 1, 2005. <br />Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter <br />owned by Trustor, and now or hereafter attached or affixed to the Real Properly; together with all accessions, parts, and additions to, all <br />