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10-04-1999 DEED OF TRUST � Page 6 Loan No 1021948 (Continued) 9 9 10 9 S "' � Applicable Law. This Deed of Trust has been delivered to Lender and accepted by Lender in the State of Nebraska. This Deed of Trust shall be governed by and construed in accordance with the laws of the State of Nebraska. 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. 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 any time held by or for the benefit of Lender in any capacity,without the written consent of Lender. Multiple Parties; Corporate Authority. 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. Severability. If a court of competent jurisdiction finds 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 deemed to be modified to be within the limits of enforceabiliry or validity; however, if the offending provision cannot be so modified,it shall be stricken and all other provisions of this Deed of Trust in all other respects shall remain valid and enforceable. Successors and Assigns. 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 notice to Trustor, may deal with Trustor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Trustor from the obligations of 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) unless such waiver is in 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 any other right. A waiver by any party of a provision of this Deed of Trust shall not constitute a waiver of or prejudice the party's right otherwise to demand strict 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 transactions. 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. Waiver of Homestead Exemption. 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 TRUSTOR AGREES TO ITS TERMS. TRUSTO OAKC K DEVEL P N N . � � g • By: HWARTZ,Q NER BRI L CHW RTZ, E ONALLY CORPORATE ACKNOWLEDGMENT STATE OF ) )SS COUNTV OF ) On this day of ��1��" , 19 , before me, the undersigned Notary Public, personally appeared BRIAN L SCHWARTZ, OWNER; and BRIAN L SCHWARTZ, PERSONAL Y of OAKCREEK DEVELOPMENT, INC., and known to me to be authorized agents of the corporation that executed the Deed of Trust and acknowledged the Deed of Trust to be the free an olunta and deed of the corporation,by authority of its Bylaws or by resolution of its board of directors,for th es and purposes therei e one an on oath stated that they are authorized to execute this Deed of Trust and in fact executed the Dee half of the orp ti By Notary Public in a r the Stat o ^� �' ��Y��, Residing at �� Et�j��T�qy My commission expires 2 ! ,� ,�,F,��M��f'( S,d��o�ye ��., `��f� jqry a ��<�D �4 u; � ? � ti . . �,,,,,',,: