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DEED OF TRUST <br />Loan No: 774150 200205998 (Continued) Page <br />Lender. Trustee, and Trustor, the book and page for computer system reference, where this Deed of Trust is recorded, and the name <br />and address of the successor trustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed <br />of Too 8 t or their successors in Interest. The r trustee, without c veyance of the Property, shall s cad to all the title, <br />power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustee <br />shall govern to the exclusion of all other provisions for substitution. <br />NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any notice of <br />sale shall be given in writing, and shall be effective when actually delivered, when actually received by talefacsimils (unless otherwise <br />required by law,, when deposited with a nationally recognized overnight cannot, or, if mailed, when deposited in the United States mail, as <br />first class, dirindied or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All <br />copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address, a <br />.shown near the beginning of this Deed of Trust. Any person may change his or her address for notices under this Deed of Trust by giving <br />faunal written nation to the other person or persons, specifying that the purpose of the notice is to change the person's atldress. For <br />notice purposes. Trustor agrees W koep Lender informed at all times of Truator's current address. Unless otherwise provided or required <br />by law, if there is more than one Trustor, any users given by Lender to any Trustor is deemed to be notice given to all Trusters. It will be <br />Trusmr's responsibility to tell the others of the notice from Lender. <br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: <br />Amendments. What is written in this Dead of Trust and In the Related Documents is Trustor's entire agreement with Lender <br />conerning the matters covered by this Deed of Trust To be effective, any change or endment to this Deed of Trust must be in <br />writing and must be signed by whoever will be bound or obligated by the change or amendment <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 Dead 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 Lew. This Deed of Trust will be governed by and interpreted in accordance with federal law and the laws of the State of <br />Nebraska. This Dead of Trust has been accepted by Lander in the State of Nebraska. <br />Choice of Vanua. If there is a lawsuit. Trustor agrees upon Lender's request to submit to the jurisdiction of the courts of Hall County, <br />State of Nebraska. <br />Joint and Several Liability. All obligations of Borrower and Trustor under this Deed of Trust shall be joint and several, and all <br />references m Toaster shall mean each and every Trustor, and all references to Borrower shall mean each and every Borrower. This <br />moans that each Borrower and Trustor signing below is responsible for all obligations in this Deed of Trust. <br />No Waiver by Lender. Trustor understands Lender will not give up any of Lender's rights under this Deed of Trust unless Lender does <br />so in writing. The fact that Lender delays or omits to exercise any right will not mean that Lender has given up that right. If Lender <br />dues agre writing to give up o of Lender's rights, that does not mean Trustor will not have to comply with the other provisions <br />of this Deed of Trust. Trustor also understands that if Lender does consent to a request, that does not mean that Trustor will not <br />have to got Lender's consent again if the situation happens again. Trustor further understands that lust because Lender c onsaints to <br />one or of Trustor's requests, that does not mean Lender will be required to consent to any of Truster's future requests. Trustor <br />waives presentment, demand for payment, protest, and notice of dishonor, <br />Severebility. 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 <br />mean that the rest of this Deed of Trust will not be valid or enforced. Therefore, a court will enforce the rant of the provisions of this <br />Dead of Trust even If a provision of this Deed of Trust may be found to be invalid or unenforceable. <br />Successors end Assigns. Subject m any limitations stated in this Deed of Trust on transfer of Trustor's interest, this Deed of Trust <br />shall be binding upon and si m 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 Truster's successors with reference to this <br />Dead 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 as of the Easar es. Time is of the nod ne. m the p-morr snae of this Dead 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 fallowing 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 "Borrower" means JERRARD ROSS and COURTNEY ROSS, and all other persons and entities signing the Note <br />Dead of Trust. The words "Dead of Trust" mean this Dead of Trust among Toaster, Leader, and Trustee, and includes without <br />limitation all assignment and security interest provisions relating to the Personal Property and Rents. <br />Environmental Laws. The words "Environmental Laws' mean any and all state, federal and local statutes, regulations and ordinances <br />elating 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, at seq. 1 "CERCLA "1, the Superfund <br />Amendments and Reauthorization Act of 1986, Pub. L. No. 99 -499 ("SARA"), the Hazardous Materials Transportation Act, 49 J,S.C. <br />Section 1801, at sat,., the Reserve 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 Trust in the events of <br />default section of this Deed of Trust. <br />