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Loan No: 2805581 <br />201806123 <br />DEED OF TRUST <br />(Continued) Page 8 <br />this Deed of Trust. Any person may change his or her address for notices under this Deed of Trust by giving formal <br />written notice to the other person or persons, specifying that the purpose of the notice is to change the person's <br />address. For notice purposes, Trustor agrees to keep Lender informed at all times of Trustor's current address. Unless <br />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. It will be Trustor's responsibility to tell the others of the notice from Lender. <br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: <br />Amendments. What is written in this Deed of Trust and in the Related Documents is Trustor's entire agreement <br />with Lender concerning the matters covered by this Deed of Trust. To be effective, any change or amendment to <br />this Deed of Trust must be in writing and must be signed by whoever will be bound or obligated by the change or <br />amendment. <br />Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be <br />used to interpret or define 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 <br />estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent <br />of Lender. <br />Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the <br />courts of Hall County, State of Nebraska. <br />Joint and Several Liability. All obligations of Trustor under this Deed of Trust shall be joint and several, and all <br />references to Trustor shall mean each and every Trustor. This means that each Trustor signing below is <br />responsible for all obligations in this Deed of Trust. <br />No Waiver by Lender. Trustor understands Lender will not give up any of Lender's rights under this Deed of Trust <br />unless Lender does so in writing. The fact that Lender delays or omits to exercise any right will not mean that <br />Lender has given up that right. If Lender does agree in writing to give up one of Lender's rights, that does not <br />mean Trustor will not have to comply with the other provisions of this Deed of Trust. Trustor also understands <br />that if Lender does consent to a request, that does not mean that Trustor will not have to get Lender's consent <br />again if the situation happens again. Trustor further understands that just because Lender consents to one or more <br />of Trustor's requests, that does not mean Lender will be required to consent to any of Trustor's future requests. <br />Trustor waives presentment, demand for payment, protest, and notice of dishonor. <br />Severability. If a court finds that any provision of this Deed of Trust is not valid or should not be enforced, that <br />fact by itself will not mean that the rest of this Deed of Trust will not be valid or enforced. Therefore, a court will <br />enforce the rest of the provisions of this Deed of Trust even if a provision of this Deed of Trust may be found to be <br />invalid or unenforceable. <br />Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor's interest, <br />this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If <br />ownership of the Property becomes vested in a person other than Trustor, Lender, without notice to Trustor, may <br />deal with Trustor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or <br />extension without releasing Trustor from the obligations of this Deed of Trust or liability under the Indebtedness. <br />Time is of the Essence. Time is of the essence in the performance of this Deed of Trust. <br />Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead <br />exemption laws of the State of Nebraska as to all Indebtedness secured by this Deed of Trust. <br />DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust: <br />Beneficiary. The word "Beneficiary" means Five Points Bank, and its successors and assigns. <br />Borrower. The word "Borrower" means JAMES R EBERLE and JENNY K EBERLE and includes all co- signers and <br />co- makers signing the Note and all their successors and assigns. <br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and <br />includes without limitation all assignment and security interest provisions relating to the Personal Property and <br />Rents. <br />Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, <br />regulations and ordinances relating to the protection of human health or the environment, including without <br />limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 <br />U.S.C. Section 9601, et seq. ( "CERCLA "), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. <br />No. 99 -499 ( "SARA "), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource <br />Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, <br />or regulations adopted pursuant thereto. <br />Event of Default. The words "Event of Default" mean any of the events of default set forth in this Deed of Trust in <br />the events of default section of this Deed of Trust. <br />Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens <br />provision of this Deed of Trust. <br />