|
DEED OF TRUST
<br />Loan No: 41036 (Continued) 200302364 Page
<br />from the holster of any lien which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of this Dead
<br />of Trust. Any party may change as address for notices under this Deed of Trust by giving formal walen notice to the other parties, specifying that
<br />the purpose of the notice is to change the partes address. For nonce purposes, Trustor 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 Trustor, any notice given by Lender to any Trustor is
<br />deemed to be notice given to all Tru lors.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a pad of this Dead of Trust:
<br />Amendmenle, This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the parties
<br />as to the masers sat forth In this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be efecaw 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. It the Property is used for purposes other than Trustor's resihenca, Trustor shall furnish to Lender, upon request, a certified
<br />statement of net operating income received from the Property during Trusters previous fiscal year in such form and detail as Lender shell
<br />require. Net operating income" shall mean all cash receipts from the Property less all man expenditures made in connection with the
<br />operation of the Property.
<br />Caption Headings. Caption headings In this Deed of Trust are for convenience purposes only and are not to be used to Interpret or dente
<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 rapacity, without the written consent of Lender.
<br />Governing Law. This Deed of Trust will be governed by, construed and enforced in accordance with federal low and the laws of the
<br />State of Nebraska. This Deed of Trust has been accepted by Lender In the State of Nebraska.
<br />No Waiver by Lender. Lender shall not be deemed to haw waived any rights under this Deed of Trust unless such waiver Is given in
<br />writing and signed by Lender. No delay or omisslon on the pad of Lender in exercising any night shall operate as a waiver of such right or
<br />any other right. A waiver by Lender of a provision of this Deed of Trust shell 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 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 Trustoes 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 constitute continuing consent to subsequent Instances where such consent is required and in all uses such consent may be
<br />granted or withhold in the sole discretion of Lender.
<br />Severablllty. 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. It the offending provision cannot be so
<br />modified, it shell he consitlaretl deleted from this Deed of Trust. Unless otherwise required by law, the Illegality, Invalidity, or unenforceabiiity
<br />of any provision of this Dead of Trust shall not affect the legality, validity or enforceability, of any other provision of this Dead of Trust.
<br />Sucanim rs and Almorm. Subject to any limitations stated In this Deed of Trust on transfer of Trustoes Interest, this Dead of Trust shall be
<br />binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Properly, becomes vested in a person
<br />other then Trustor, Lender, without notice to Trustor, may steal with Trustor's successors with reference to this Deed of Trust and the
<br />Indebtedness by way of forbearance or extension wthout retsuing Trustor from the obligations of this Deed of Trust or liability under the
<br />Indebtedness.
<br />Time Is of me Essence. Time is of the essence in the performance of this Deed of Trust.
<br />Waive Jury. All parties to this Deed of Trust hereby waive the right to any jury trial In any salon, proceeding, or counterclaim
<br />brought by any party against any other parry.
<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 Indebtedness securest by In. Deed of Trust.
<br />DEFINITIONS. The fallowing capitalized worsts and terms shall haw the following meanings when used in this Deed of Trust. Unless specifically
<br />slated to the contrary, all references to dollar amounts shall mean amounts In lawful money of the United Slates of America. Wads and terms
<br />used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Worsts 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 Meneficlary" means Howard County Bank a branch of Sharman County Bank, and its successors and assigns.
<br />Borrower. The worst "Borrower means Dennetta M. Minginsmith, and all other persons and entities signing the Note in whatever capacity.
<br />Deed of Trust. The worsts "Deed of Truer mean this Deed of Trust among Trustor. Lender, and Trustee, and Includes without limitation all
<br />assignment and socurr y 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 liked "Default".
<br />Environmental Laws. The worsts "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances
<br />relating to the protection of human health or the smArocmen( including without limitation the Comprehensive Environmental Response,
<br />Compensation, and Liability Ali of 1980, as amended, 42 U.S.C. Section 9501, at seq. (CERCLA'), the Supedund Amendments and
<br />Reaulhenximon Act of 1988, Pub. L. No. 99-499 ('SARA'), the Hexwdous Materials Transportation Act, 49 U.S.C. Section 1801, at seq.. the
<br />Resource Conservation and Recovery Act, 42 U.S.C. Section 5901, at seq., or other applicable slate 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 Dead of Trust In the events of default
<br />section of this Deed of Trust.
<br />Guaranty. The word " Guarany means the guaranty from guarantor, endomer, surety, or accommodation party to Lender, Including without
<br />limitation a guaranty of all or part of the Note. I I -
<br />t� ...ins .(
<br />
|