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<br />Lien No: rrosao r anui;: ,�rxt Page 7
<br />Amendments. What Is written in this Deed of Trust and in the Relater! Documents 1s Trustors entire agreement with tender concerning the
<br />matters covered by this Dead of Trust. To be effective, any change or amendment to this Deed of Trust must be in writing and must be
<br />signed by whoever wtil 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 define
<br />the provisions of this Deed of Trust.
<br />Merger. There shall be no merger of the Interest or Mate created by this Deed of Trust with any other interest or estate in the Properly at
<br />any time held by or for the benefit of Lender in any capacity, without the wr ten consent of Lender.
<br />Governing Law. This Deed of Trust will be governed by and Interpreted M aawtlnce with fed" law and the laws of the State of
<br />Nebraska. This Deed of Trust has been accepted by Lender In the State of Nebradin.
<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, Slate
<br />of Nebraska.
<br />Joint and Several UNNtity.: All obligations of Trustor under this Deed of Trust shall 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 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 so in
<br />writing. The fact that Lender days or omits to exaciae any right will not mean that Lender has given up that right. If Lender does agree. in
<br />.writing to give up one of Lender's rights, that does not mean TA1stor will not have to comply with the other provisions of this Deed of Trust.
<br />Trustor also understands that if Lender 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 />Severablklty. It a court finds that any provision of this teed of Trust is not valid or should not be enforced, that fact by itself will not mean
<br />that the rest of this Deed 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 Trustors Interest, this Deed 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 from 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 Dead of Trust.
<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 secured by this Deed of Trust.
<br />DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust:
<br />Beneficiary. The word " Beneficiary" means Five Points Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means LYMAN E SIGLER and MARGARET M SIGLER, 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 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 Response,
<br />Compensation, and Liability Act of 1960, as amended, 42 U.S.C. Section 9601, at seq. ("CERCLA'), the Supertund Amendments and
<br />Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA'), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the
<br />Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or other applicable state 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" means the guaranty from guarantor, n p Arty including
<br />limitation a guaranty of all or art of the Note9 9 . ' or'acoommodaHori " a to Lender, includi without
<br />Hazardous Substances. The words "Hazardous Substances" mean2, m'allartals .that, ocaust al lair quanfity, concentration or physical,
<br />chemical or infectious characteristics, may cause or pose a present or polentiel °fesnrd°te�hunerttea@h.orthe ,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 toxic substances, materials or waste as defined by
<br />or listed under the Environmental Laws. The term "Hazardous Substances" 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 affixed 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 Trustor's obligations under this Deed of Trust, together with interest on such amounts as provided in this Deed of Trust.
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