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DEED OF TRUST Loan No: 776776 200302282 (Continued) , Page of Trust. Any party may change its address for notices under this Deed of Trust by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Trustor agrees to keep Lander informed at all times of Trustor's current address. Unless otherwise provided or required by law, it there is more than one Truster, any notice given by Lender to any Truster is deemed to be notice given to all Irmstors. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a pad of this Dead of Trust: Amendments. This Dead of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this need of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property is used for purposes other than Taster's residence, Truster shall furnish to Lender, upon request, a cedified statement of net operating Income received from the Property during Truster's previous fiscal year in such form and detail as Lender shalt require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation of the Property. 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 wnden consent of Lender. Governing Law. This Deed of Trust will be governed by, construed and enforced In accordance with federal law and the laws of the State of Nebraska. This Deed of Trust has been accepted by Lender in the State of Nebraska. Choice of Venue. If there is a lawsuit, Tractor agrees upon Lender's request to submit to the jurisdiction of the courts of HALL County, State of Nebraska. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given in writing and signed by Lender_ No delay or omission on the part of Lender in exercising any night shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing between Lender and Truster, shall constitute a waiver of any of Lender's rights or of any of Truster's obligations as to any future transactions. Whenever the consent of Lender is required under this Dead of Trust, the granting of such consent by Lender in any instance shall not constitute wntinuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Severabllity. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or unenforceable as to any circumstance, that finding shall net make the offending provision illegal, Invalid, or unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered caleted from this Dead of Trust. Unless otherwise required by law, the illegality, invalidity, or unenfomeability, 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. Successors and Assigns. Subject to any limitations stated in this Dead of Trust on transfer of Truster'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 Properly becomes vested in a person other than Truster, Lender, without notice to Truster, may decal with Theater's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Truster hem 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. Waiver of Homestead Exemption. Truster 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. DEFINITIONS. The fallowing capitalized words and terms shall have the following meanings when used in this Deed of Trust. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United Slates of America. Wards and terms used in the singular shall include the plural, and the plural shall Include the singular. as the context may require. Words and terms not otherwise defined in this Deed of Trust shall have the meanings attributed to such terms In the Uniform Commercial Code: Beneficiary. The word "Beneficiary" means Five Points Bank, end its successors and assigns. Borrower. The word "Borrower" means FRATERNAL ORDER OF EAGLES AERIE NO 378, and all other persons and entities signing the Note In whatever capacity. Deed of Trust. The words "Dead of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and includes without limitation all assignment and security interest provisions relating to the Personal Property and Rents. Default. The word "Default" means the Default set forth in this Deed of Trust in the section titled "Default ". Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without Imitated the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 US.0 Section 9601, at seq. ( "CERCLA "), the Supedund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-099 ( "SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 181 et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default. The words "Event of Default" mean any of the events of default set forth in this Dead of Trust in the events of default section of this Dead of Trust. Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without limitation a guaranty of all or pad of the Note.