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DEED OF TRUST <br />Loan No: 774958 200300880 (Continued) Page <br />sale shall be given In writing, and shall be effective when actually delivered, when actually received by telefacsimile furless otherwise <br />required by law), when deposited with a nationally recognized overnight courier, or, If mailed, when deposited in the United States mail, as <br />first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All <br />copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address, as <br />shown near the beginning of this Deed of Trust. Any person may change his or her address for notices under this Deed of Trust by giving <br />formal written notice to the other person or persons, specifying that the purpose of the notice is to change the person's adtlress. For <br />notice purposes, Truster agrees to keep Lender Informed at all times of Trustor's current address. Unless otherwise provided or required <br />by law, If there is more than one Truster, any notice given by Lender to any Truster is deemed to be notice given to all Trusters. It will be <br />Truster'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 with Lender <br />concerning the matters covered by this Deed of Trust. To be effective, any change or amendment to this Deed of Trust must be In <br />writing and must be signed by whoever will be bound or obligated by the change or amendment. <br />Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or <br />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 estate in the <br />Property at 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 and interpreted in accordance with federal law and the laws of the State of <br />Nebraska. This Deed of Trust has been accepted by Lender in the State of Nebraska. <br />Choice of Venue. If there is a lawsuit, Truster agrees upon Lender's request to submit to the jurisdiction of the courts of Hall County, <br />State of Nebraska. <br />Joint and Several Liability. All obligations of Borrower and Truster under this Deed of Trust shall be joint and several, and all <br />references to Trustor shall mean each and every Truster, and all references to Borrower shall mean each and every Borrower. This <br />means that each Borrower and Truster signing below Is responsible for all obligations in this Deed of Trust. <br />No Waiver by Lender. Truster understands Lender will not give up any of Lender's rights under this Deed of Trust unless Lender does <br />so in writing. The fact that Lender delays or omits to exercise any right will not mean that Lender has given up that right. If Lender <br />does agree in writing to give up one of Lender's rights, that does not mean Truster will not have to comply with the other provisions <br />of this Deed of Trust. Truster also understands that if Lender does consent to a requestr that does not mean that Trustor will not <br />have to get Lender's consent again if the situation happens again. Trustor further understands that just because Lender consents to <br />one or more of Trustor's requests, that does not mean Lender will be required to consent to any of Trustor 'a future requests. Truster <br />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 fact by itself will not <br />mean that the rest of this Deed of Trust will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this <br />Deed of Trust even if a provision of this Deed of Trust may be found to be invalid or unenforceable. <br />Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trusmr's interest, this Deed of Trust <br />shall be binding upon and Inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes <br />vested in a person other than Trustor, Lender, without notice to Truster, may deal with Trustor's successors with reference to this <br />Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Trustor from the obligations of this Deed of <br />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. Truster hereby releases and waives all rights and benefits of the homestead exemption laws of the <br />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 ward "Borrower" means GEORGE S PAULSEN and JEANETTE S PAULSEN, and all other persons and entities signing <br />the Note. <br />Dead of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and includes without <br />limitation all assignment and security interest provisions relating to the Personal Property and Rents. <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 limitation the Comprehensive Environmental <br />Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. "CERCLA "), the Superhard <br />Amendments and Reauthorization Act of 1986, Pub, L. No. 99 -499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. <br />Section 1801, at seq., the Resource Conservation and Recovery Act 42 U.S.C. Section 6901, at seq., or other applicable state or <br />federal laws, rules, 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 the events of <br />default section of this Deed of Trust. <br />Guaranty. The word "Guaranty' means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including <br />without limitation 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 <br />physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment <br />when improperly used, treated, stared, disposed of, generated, manufactured, transported or otherwise handled. The words <br />