|
ILoan No:
<br />RENDx
<br />Page 7
<br />6141
<br />concerning the matters covered by this Deed of Trust. To be effective, any, change or amendment to this peed 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 Hoadings.` Caption headings in this Deed of Trust are for,convenienc' purposes,only'and are not to be used to int @rpret or
<br />define the provisions of Shis Deed of Trost`
<br />4.
<br />Merger. There shall be nog merger of the interest or estate- created by this Deed of Trust with `any other interest or estate in the
<br />Property at any field by for the benefit'of Lender in _ any capacity, Without the written consent of Lender:
<br />Governing Law. This Deed. of Trust wig be governed by and interpreted In accordance' .w _.. with federal l and the . e laws of the State of
<br />Nebraska. This Deed of Trust has been accepted by Lender In the Stow 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 County,
<br />......'State of Nebraska.
<br />Jobs 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. 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 />does agree in writing to give up one 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?rustor will not
<br />have to get Lender's consent again if the situation Happens ggain. Trustor Irther unolirsten _that just because Lender consents to
<br />one w more of Trustor's requests; that not mean Lender wili,be requiregio consent to arty of Trustor's future requests. Trustor
<br />waives presentment, demand for payment, protest, and notice of dishonor.
<br />Severabflity...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 rest of the provisions of this
<br />,Deed of Trust 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 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 thisDaed of
<br />Trust or liability under the Indebtedness. -
<br />Time 1s 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 thehomestead exemption,l8ws of the
<br />`State 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: ... ;.. f,;..
<br />Beneficiary. The word "Beneficiary" means, Five Points Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means RODGER L WILLIAMS and GERALYN WILLIAMS, and all other persons and entities signing
<br />the Note.
<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 />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, at 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 f)efauh. -.The words "Event of Default" mean any of the events of default set forth in this Dead of Truet in the-events of
<br />default section of this bead of Trust.
<br />.......Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including '
<br />without limitation a guaranty of all or part of the Note.
<br />Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or
<br />physical, chemical or infectious characteristics, may cause or pose a present -or. potential .. hazard_ to human health or the environment
<br />- - -- when improperly used, treated, stored, disposed of, generated, - manufactured, - transported or otherwise handled. The words
<br />"Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic
<br />substances, materials or waste as defined by or listed under the Environmental. Laws. The term "Hazardous Substances" also
<br />includes, without limitation, petroleum and petroleum 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
<br />the 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
<br />or Related Documents; together with all renewals of', extensions of, modifications of, consolidations of and substitutions for the Note
<br />or Related Documents and any amounts expanded or advanced.by Lender to discharge Trustor's obligations or expenses incurred by
<br />Trustee or Lender to enforce Trustor's obligations under this Deed of Trusty together: with interest on such amounts as provided in this
<br />Deed of Trust.
<br />Lender. The word "Lender" means Five Points Bank, its successors and assigns. The words "successors or assigns mean any
<br />
|