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04-�7-t998 DEED OF TRUST [�� 1�1�'3�1„$ Page 6 Loan No 702951 (Continued) � '" Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define the provisions of this Deed of Trust. Mer�er. 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 any time held by or for the benefit of Lender in any capacity,without the written consent of Lender. Multlple Partles. All obligations of Trustor under this Deed of Trust shall be joint and several,and all references to Trustor shall mean each and every Trustor. This means that each of the persons signing below is responsible for all obligations in this Deed of Trust. Severabilfy. If a court of competent jurisdiction flnds any provision of this Deed of Trust to be invalid or unenforceable as to any person or circumstance,such finding shall not render that provision invalid or unenforceable as to any other persons or circumstances. If feasible,any such offending provision shall be dsemed to be modified to be within the limits of eniorceability or validity; however, if the offending provision cannot be so modifled,it shalt be stricken and aU other provisions of this Deed of Trust in all other respects shall remain valid and enforceable. Successors and Aaslpns. Subject to the limitations stated in this Deed of Trust on transfer of Trustor's interest,this Deed of Trust shall be binding upon and inure to the benefit of the parties,their successors and assigns. if ownership of the Property becomes vested in a person other than Trustor, Lender, without notics to Trustor, may deal with Trustor's succ�ssors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Trustor from the obligations ot this Deed of Trust or liability under the Indebtedness. Time Is of the Essence. Time is of the essence in the performance of this Deed of Trust. Waivers and Consents. Lender shall not be deemed to have waived any rights under this Deed of Trust (or under the Related Documents) uniess such wafver is in w►iting end signed by Lender. No delay or omissior+ on the pari,pf Lertder in exercising any riaht shall operate as a waiver of such right or any other right. A w8iv�'by any pariy of a provision of this Deed of Trust aheli not constitute a waiver of or prsJudk:e the party's right otherwise to demand sfict compliance with that provision or any other provision. No prior waiver by Lender, nor any course of dealing between Lender and Trustor, shall constitute a waiver of any of Lender's rights or any of Trustor's obligations as to any future transections. Whenever consent by Lender is required in this Deed of Trust,the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required. Wafver of Homestead Exemptton. Trustor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of Nebraska as to all Indebtedness secured by this Deed of Trust. EACH TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST,AND EACH TRUSTOH AGREES TO ITS TERMS. TRUSTOR: � — X � ID L L NZ INDA M LENZ INDIVIDUAL ACKNOWLEDGMENT STATE OF ) � o )SS COUNTY OF �,XJ� ) On this day before me,ihe undersigned Notary PubNc,personaNy appesred DAVID L LENZ t�d UNDA M LENZ,to me known to be the individuals desc�ibed in and who executed the Deed of Trust,and acknowledged that they signed the Deed of Trust as their hee and voluntary act and deed, for the uses and purposes therein mentioned. � n, � /�/I Given under my hand and o(ticial seal this �� day H'� _,19��. By ��I GENERAL NOTARY�State of Nebraska Notary Public in and for t e of SHERRI L.0'CALLAGMAN Residing at My Comm.Exp.Sept.28,1999 My commission expires � Z-��C1� .� . . � � �; � . d �