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<br />Loan No: 773741_. iColn%e '. Page 7
<br />written notice to the other parties, specifying that. the purpose of the notice is to change the party's address, for notice purposes, Trustor
<br />agrees to keep Lender informed at all times of Trustor's current address. Unless otherwise provided 'or required by law, if there is more
<br />than one Trustor, any notice given by Lender to any Trustor is deemed to be. notice given to all Trustors. _
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<br />-MISCELLANEOUS PROVISIONS, ,The,following miscellaneous provisions are apart of this;Deed of Trust:
<br />Amendments. This Deed of Trust, fogiather -wt'h any Related Documents; constitutes the entire understanding and agreement of the
<br />parties *as to the matters'set forth in "this Deed of Trust: No'altdration of or amendment to this Deed of Trust Shall be effective unless
<br />given in writing and signed by the 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 Lender, upon request, a
<br />certified statement of net operating income received from the Property during Trustor's previous fiscal year in such form and detail as
<br />Lender shall require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in
<br />connection with the 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
<br />define 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
<br />Property at 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, construed and enforced in accordance . with federal law and the laws of the
<br />State of Nebraska. Tble 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 HALL
<br />County, State 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
<br />shall mean each and every Trustor. This means that each Trustor signing below is responsible for all obligations in this Deed 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 Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such
<br />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
<br />right otherwise to demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by
<br />Lender, nor any course of dealing between Lender and Trustor, shall constitute a waiver--of any of tender's rights or of any of
<br />Trustor's obligations as to;any. future transactions., Whenever the. consent -of .Lender is.required_ under this Deed of Trust „the- granting
<br />of such -consent ,by Lender in any instance ahalF.noL constitute ,cQntinuing consent-to, subsequent instances where, such consent is
<br />required and in all cases, such consent may be granted or.withheld: in the sole, discretion; of Lender,
<br />Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or unenforceable as to
<br />any Person 'or circumstance, that finding shall not make the offending'provision illegal; invalid, or unenforceable as to anyother person
<br />or circumstance. If feasible, the`offertding'provision sha111766 cotosidered 0iodified so� that itbecomes legal, valid and enforceable. If
<br />the offending provision cannot be so modified, it shall be considered deleted -from this Deed of Trust. Unless otherwise required by
<br />law, the illegality, invalidity, or unenforceability of any provision of this Deed of Trust shall not affect the legality, validity or
<br />enforceability of any other provision of this Deed of Trust.
<br />Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor's interest, this Deed of Trust
<br />shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes
<br />vested in a person other than Trustor, Lender, without notice to Trustor, may deal with Trustor's successors with reference to this
<br />Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Trustor from the obligations of this Deed of
<br />Trust or liability under the Indebtedness.
<br />Time is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br />Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead exemption laws of the
<br />State of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br />DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed -of- Trust.. Unless
<br />specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America.
<br />Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words
<br />and terms not otherwise defined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code:
<br />Beneficiary. The word "Beneficiary” means Five Points Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means ROBERT SUMMERS and JANE PFEIFER SUMMERS, and all other persons and entities signing
<br />the Note in whatever capacity.
<br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and includes without
<br />limitation all 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 "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances
<br />relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental
<br />Response, Compensation, and. Liability Act of 1980, as - amended, 42 U.S.C. Section 9601., et ,,seq. ( "CERCLA "), the Superfund
<br />Amendments and Reauthorization Act of 1986, Pub., L: ,No. 99 -499 ( "SARA "), the Hazardous Materials Transportation Act, 49 -U.S.C.
<br />Section 1801, at seq,,.the Resource Conservation and..Recovery Act, 42 U.S.C. Section 6901,, at seq., ,or, other applicable state.or
<br />federal laws, rules, or regulations 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 ?rust in tho events of
<br />default section of this Deed of Trust.
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