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DEED OF TRUST
<br />Loan No: 776159 (Continued) Page 7
<br />2naa000ss
<br />of Trust. Any party may change its address for notices under this Deed of Trust by giving formal written notice to the other padles, specifying that
<br />the purpose of the notice is to change the party's atltlress. Far malice purposes, Truster 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 Truster, any notice given by Lender to any Truster 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 Trustors residence, Truster 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. "Net 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 Headings. Caption headings In this Dead of Trust are for convenience purposes only and are not to be used to interpret or define
<br />the provisions of this Dead 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 of
<br />any time held by or for the benefit of Lender in any capacity, without the wdden consent of Lander.
<br />Governing Law. This Deed of Trust will be governed by, construed and enforced In accordance with federal law and the have of the
<br />State of Nebraska. This Deed of Trust has been accepted by Lender In the State of Nebraska.
<br />Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the courts of HALL County. State
<br />of Nebraska.
<br />No Waiver by Lender. Lender shall not be deemed to have waived any tights under this Deed of Trust unless such waiver 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 Lander 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 Dead of Trust. No prior waiver by Lander, nor any course of
<br />dealing between Lender and Truster, shall constitute a waiver of any of Lenders 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 consfitum 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 />Severabifity. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or unenforceable as to any
<br />circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If feasible,
<br />the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so
<br />modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or unenforceability,
<br />of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of any other provision of this Deed of Trust.
<br />Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Tru ear'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 person
<br />other than Truster, Lender, without notice to Truster, 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 performance of this Dead of Trust.
<br />Waiver of Homestead Exemption. Truster hereby releases and waives all rights and benefits of the homestead exemption laws of the State
<br />of Nebraska as to all Indebtedness secured by this Dead of Trust.
<br />DEFINITIONS. The following capitalized words and terms 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 shall include the singular, as the contest may require. Words and terms not otherwise
<br />defined in this Dead of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code:
<br />Beneficiary. The word "Beneficiary" means Five Points Bank, and its successors and assigns.
<br />Borrower. The ward "Borrower" means HARDWARE LAND COMPANY OF GRAND ISLAND LTD, and all other persons and entities signing
<br />the Nate in whatever capacity.
<br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Truster, Lander, and Trustee, and includes without limitation all
<br />assignment and security interest provisions relating to the Personal Property and Rents.
<br />Default. The word "Default" means the Default set forth in this Deed of Trust in the section tilled "Default".
<br />Environmental Laws. The wards "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 limitation the Comprehensive Environmental Response,
<br />Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. ( "CERCLA"), the Supedund Amendment and
<br />Reauthorization Act of 19A6, Pub. L. No. 99-499 ( "SARA "), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at 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 Default. 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 />Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without
<br />limitation a queenly of all or pad of the Note.
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