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DEED OF TRUST 200306908
<br />(Continued) Page 7
<br />Amendments. What Is written In this Dead of Trust and in the Related Documents is Trustor's entire agreement with Lander concerning the
<br />matters covered by this Deed of Trust. To be effective, any change or amendment to this Dead of Trust must be In writing and must be
<br />signed by whoever will be bound or obligated by the change or amendment.
<br />Caption Headings. Caption headings in this Dead of Trust are for convenience purposes only and are not to 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 Deed of Trust will be governed by and Interpreted In accordance with federal low and the laws of the State of
<br />Nebraska. This Deed of Trust has been accepted by Lender in the State of Nebraska.
<br />Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the courts of Hell County, State
<br />of Nebraska.
<br />Joint and Several Liability. All obligations of Trustor under this Deed of Trust shell 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 Dead of Trust.
<br />No Waiver by Lender. Trustor understands Lender will not give up any of Lenders rights under this Dead of Trust unless Lender does so In
<br />writing. The fact that Lender delays or omits to exercise any right will not mean that Lander has given up that right. If Lender does agree in
<br />writing to give up one of Lentler s rights, that does not mean Trustor will not have to comply with the other provisions of this Deed of Trust.
<br />Trustor also understands that If Lentler does consent to a request, that does not mean that Trustor will not have to get Lender's consent
<br />again if the situation happens again. Trustor further understands that just because Lender consents to one or more of Trustor's requests,
<br />that does not mean Lender will be required to consent to any of Trustor's future requests. Trustor waives presentment, demand for payment,
<br />protest, and notice of dishonor.
<br />Severability. 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 mean
<br />that the rest of this Dead of Trust will not be valid Or enforced. Therefore, a court will enforce the rest of the provisions of this Deed of Trust
<br />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 Tmstors 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 Property becomes vested in a person
<br />other than Trustor, Lender, without notice to Trustor, may deal with Trustor's successors with reference to this Dead of Trust and the
<br />Indebtedness by way of forbearance or extension without releasing Trustor toe the obligations of this Deed of Trust or liability under the
<br />Indebtedness.
<br />Time is of the Essence. Time Is of the essence in the performance of this Deed of Trust.
<br />Welver of Homesteed Bxempaon. Trustor hereby releases and waives all rights and benefits of the homestead exemption laws of the State
<br />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 "Bomower means KEVIN B BAKER and CHRISTINE M BAKER, and all other persons and entities signing the Note.
<br />Deed of Trust. The words "Deed of Trust' mean this Dead 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 />Environmental Lewis. The words "Environmental Laws" mean any and all slate, federal 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 />Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. ("CERCLA "), the Supedund Amendments and
<br />Reauthonzation Act of 1986, Pub. L. No. 99-499 ("SARA "), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1601, at seq., the
<br />Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, 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 Deed of Trust in the events of default
<br />section of this Deed of Trust.
<br />Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described In the Existing Liens provision of this Deed of
<br />Trust.
<br />Guaranty. The word "Guaranty" mismis the guaranty from guarantor, endorser, surety, w accommodation party to Lender, including without
<br />limitation a guaranty of all or pert of the Note.
<br />Hazardous Substances. The words 'Hazardous Substances" mean materials that, because of their quantity, concentration or physical,
<br />chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly
<br />used, treated, stored, disposed of, generated, manufactured, transported or Otherwise handled. The words "Hazardous Substances" are
<br />used in their very broadest sense and Include without limitation any and all hazardous or toxlo substances, materials or waste as defined by
<br />m listed under the Environmental Laws. The term "Hazardous Substsuri also includes, without limitation, petroleum and petroleum
<br />by-products or any fraction thereof and asbestos.
<br />Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes ahead on the
<br />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 or
<br />Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related
<br />Documents and any amounts expended or advanced by Lender to discharge Trustor's Obligations or expenses incurred by Trustee or
<br />Lender to enforce Truslor's obligations under this Deed of Trust, together with interest on such amounts as provided in this Deed of Trust.
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