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DEED OF TRUST 2003/01866
<br />Loan No: 776630 (Continued) Page 7
<br />Arrendmerna. What is written in this Deed of Trust and in the Related Documents is Trustor's entire agreement with Lender
<br />son cending the matters covered by this Dead of Trust. To be effective, any change or amendment to this Deed of Trust most 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 6t 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 Dead of Trust has been accepted by Lender in the State of Nebraska.
<br />Choice of Vonuse If there Is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the courts of Hall County,
<br />State at Nebraska.
<br />Joint and Several Liability. All obligations of Trustor under this Deed of Trust shall be joint and several, and all references to Truster
<br />shall mean each and every Truster. This means that each Trustor signing below is 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 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 Trustor will not have to comply with the other previsions
<br />of this Deed of Trust. Trustor also understands that If Lender does consent to a request 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 c ents to
<br />r
<br />one or more of Trustor's requests, that does not mean Lender will be required to consent to any of Trusto s future requestsneTruster
<br />waives presentment, demand for payment, protest, and notice of dishonor.
<br />Sevembility. 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 Trustor'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 then Trustor, Lender, without notice to Trustor, 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. Trustor 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 Dead of Trust:
<br />Beneficiary. The word "Beneficiary" means Five Points Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means MERLE D CROUCH and GEORGENE D CROUCH, and all other persons and entities signing The
<br />Note.
<br />Deed of Trust. The woMS "Deed of Trust" mean this Dead 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 />Envimnmemal Laws. The word. "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 Superfund
<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 adapted 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 pesea present or potential hazard to human health or the environment
<br />when improperly used, Treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words
<br />" Hazarduus Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic
<br />substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also
<br />includes, without limitation, petroleum and petroleum by- products or any fraction thereof and asbestos.
<br />Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on
<br />the Real Property, facilities, additions, replacements and other construction on the Real Property,
<br />Indebtedness. The word "Indebtedness" means all principal, interest and other amounts, costs and expenses payable under the Note
<br />or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note
<br />or Related Documents and any amounts expended er advanced by Lender to discharge Trustor's obligations or expenses incurred by
<br />Trustee or Lender to enforce Trustee's obligations under this Deed of Trust, together with interest on such amounts as provided in this
<br />Dead of Trust.
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