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DEED OF TRUST <br />Loan No: 776791 200302283 (Continued) - Page <br />of Trust. Any party may change its address for notices under this Deetl of Trust by giving formal written notice to the other parties, specifying that <br />the purpose of the notice is to change the parry's address. For notice purposes, Trustor agrees to keep Lender informed at all times of Trustor§ <br />current address. Unless otherwise provided or required by law, d there is more than one Trustor, any notice given by Lender to any Trustor is <br />deemed to be notice given to all Trusters. <br />MISCELLANEOUS PROVISIONS. The following miscellaneaus provisions are a part of this Deetl of Trust <br />Amendments. This Deed of Trust, together with any Related Documents, constitutes tine 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 fine 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 Trustor's residence, Trustor shall furnish to Lentler, upon request, a certified <br />statement of net operating income received from the Property during Trustors previous fiscal year in such form and detail as Lender shall <br />require. "Net operating income" shall mean all cash receipts tram the Property less all cash expenditures made in connection with the <br />operation of the Property. <br />Caption Headings. Caption headings in this Deetl of Trust are for convenience purposes only and are riot as be used to interpret or define <br />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 Property at <br />any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. <br />Governing Law. This Dead of Trust will be governed by. construed and enforced In accordance with federal law and the laws of the <br />State of Nebraska. This Deed of Trust has been accepted by Lender in the State of Nebraska. <br />Choice of Venue. It there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the courts of HALL County, Stale <br />of Nebraska. <br />Joint and Several Liability. All obligations of Trustor under this Deed of Trust shall be joint and several, and all references to Trustor shall <br />mean each and every Trustor This means that each Trustor signing below Is responsible for all obligations In this Deetl of Trust. <br />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 <br />writing and signed by Lander. No delay or omission on the part of Lender in axeresing any right shall operate as a waiver of such right or <br />any other right. A waiver by Lender of a provision of this Deetl of Trust shall rqt prejudice or constitute a waiver of Lender's right otherwise <br />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 <br />dealing between Lender and Trustor, shall constitute a waiver of any of Lender's rights or of any of Trustor's obligations as to any future <br />transactions. Whenever the consent of Lender is required under this Dead of Trust, the granting of such consent by Lender in any instance <br />shall not acrobatic continuing consent to subsequent instances' where such consent is required add in all cases such consent may be <br />granted or withheld in the sole discretion of Lender, <br />3everability. If a court of competent jurisdiction finds any provision of this Deetl of Trust to be illegal, invalid, or unenforceable as to any <br />person or circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other person or <br />circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. It the <br />offending provision cannot be so modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the <br />illegality, Invalidity, or unenforceabilify, of any provision of this Deed of Trust shall not affect the legality, validity, or enforceability, of any other <br />prevision of this Dead of Trust <br />Successors and Assigns. Subject to any limitations stated in this Deetl of Trust on transfer of Trustor's interest, this Deetl 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 Trustor, Lender, without notice to Trui may deal with Truster's successors with reference to this Deetl of Trust and the <br />Indebtedness by way of forbearance or extension without releasing Trustor from the obligations of this Deetl of Trust or liability under the <br />orientatlness. <br />Time is of the Essence. Time is of the essence in the performance of this Deetl of Trust. <br />Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead exemption laws of the State <br />of Nebraska as to all housedress secured by this Dead of Trust. <br />DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deetl 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 context may require. Words and terms not otherwise <br />defined in this Deed of Trust shall have the meanings attrihuess to such terms in ate Uniform Commercial Code' <br />Beneficiary. The word "Beneficiary " means Five Points Bank, and its successors and assigns. <br />Borrower. The word "Borrower" means MARK D STELK and WANDA LEE STELK, and all other persons and entities signing the Note in <br />whatever capacity. <br />Deed of Trust The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, 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 titled "Default'' <br />Environmental Laws. The words "Environrnental Laws' mean any and all state, faboral 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 />Compensahen, and Liability Act of 1980, as amended, 42 U S.C. Section 9601, at sag- ( "CERCLA "), the Superfund Amendments and <br />Reauthorization Act of 1986, 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.S2 Section fight, at seq., or other applicable stale or federal laws, rules, or regulations <br />adopted pursuant thereto <br />Event of Default. Tire words "Event of Default" mean any of the events of default set forth in this Dead at Trust in the events of default <br />