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INIANNN I I00 A N I N 1000000000000230023ANNNI N NNA 005 DEED OF TRUST (Continued) 200303381 Page expiration of any of the documents or any relationship between the parties. FACSIMILE AND COUNTERPART. This document may be signed in any number of separate copies, each of which shall be effective as an original, but all of which taken together shall constitute a single document An electronic transmission or other facsimile of this tlocument or any related document shall be deemed an original and shall be admissible as evidence of the document and the signer's execution. COMPLIANCE DEFAULT. The Compliance Default subparagraph under Events of Default is hereby deleted in its entirety. MISCELLANEOUS PROVISIONS. The fallowing miscellaneous provisions are a part of this Dead of Trust: Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the P.M.. 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 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 Toaster's residence, Truster shall furnish to Lender, upon request, a certified statement of net operating income received from the Property during Truster s previous fiscal year in such form and detail as Lender shall 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 Dead of Trust are for convenience purposes only and are not to be used to interpret or define the provisions of this Dead 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 written consent of Lender. Governing Law. This Dead of Trust will be governed by, construed and enforced in accordance with federal law and the laws of the State of Nebraska. This Dead of Trust has been accepted by Lender in the State of Nebraska. 'quit and Several Liability. All obligations of Trustor under this Deed of Trust shell be joint and several, and all references to Truster shall mean each and every Truster. This means that each Truster signing below is responsible for all obligations in this Deed of Trust. 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 Lander. No delay or omission on the part of Lender in exercising any right 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 prevision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing between Lender and Trustor, shall constitute a waiver of any of Lender's rights or of any of Toaster's obligations as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting of such consent by Lender in any instance shall not constitute continuing 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. Severabil¢y. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or unenforceable as to any person or circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other person or circumstance. It 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 deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or anenforceebility of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of any other provision of this Dead of Trust. Succestore and Assigns. Subject to any limitations stated In this Deed of Trust on transfer of Truster's interest, this Dead of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person other than Truster, Lender, without notice to Trustor, may deal with Truster's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Truster from 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 Dead 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 Dead Of Trust. DEFINITIONS. The following 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. Words 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 Wells Fargo Bank Nebraska, National Association, and its successors and assigns. Borrower. The word "Borrower' means Betty L. Green and Ralph E. Green, and all other persons and entities signing the Note in whatever capacity. Deed of Trust. The words "Deed of Trust" mean this Dead of Trust among Truster, Lender, and Trustee, and includes without limitation all assignment and security interest provisions relating to the Personal Property and Rents. DefauN. 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