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DEED OF TRUST 200207232 Loan No: 774264 (Continued) <br />of Trust. Any party may change Its address for notices under this bred of Trust by giving formal written notice to the other penles, specifpm9 that <br />the purpose of the notice is to change the party s address. For notce purposes, Truster agrees to keep Lender Informed at all Times of Trustor'S <br />Current seemed. Unless Otherwise provided or required by law, if there Is more than one Trustoq any notice given by Lender to any Truster Is <br />deemed to be notice given to all Trusters. <br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: <br />Amendments. This Deed of Trust, together with any Related Documents, constitutes the enure understanding and agreement of the parties <br />as to the matters set fpdn In this Deed of Trust No alteration of or amendment to this Deed of Trust shall be affil a unless given in Writing <br />and signed by the paM or parties sought to be charged or bound by the alteration or amendment. <br />Annual Report. If the Property is used for purposes other than Trustors residence, Truslor shall furnish to Lender, upon request, a certl0ed <br />statement of net opera0n9income received from the Property during Trustor's previous fiscal year In such form and detail as Lender shall <br />require. 'Net operating Income" shall mean all cash receipts from the Property less all cash expenditures made in connection with the <br />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 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 Properly of <br />any time hold by or br the benefit of Lender In any capacity, without the written consent of Lender. <br />Governing Law. This Deed of Trust will be internal by, Construed and enMrced in accordance with federal law and the laws of the <br />Stale of Nebra a. This Deed of Trusl has been ataepted by Under In the Slate of Nebraska. <br />Choice of Veoue. If there Is a lowertt, Truster agrees upon Lenders request to submit to the jurisdiction of the courts of Hall County, State <br />of Nebraska. <br />Joint and Several Liability. All obligations of Borrower and Trustor under this Dead of Trust shall be joint and several, and all references to <br />Truslor shall mean each and every Trustoq and all references to Borrower shall mean each and every Borrower. This means that each <br />Borrower and Truster signing below Is reasonable for all obligations in this David of Trust. <br />No Waiver by Lender. Lender shall not be deemed to have waived any rights under this David of Trust unless such waiver Is given In <br />writing and signed by Lender. No delay or omission on the pan of Lender In exercising any right shall operate as a waiver of such right or <br />any other right A waiver by Lender of a provision of this Dead of Trust shall not prejudice or constitute a waiver of Lender's right ethenvise <br />to demand strict compliance with that provision or any ether provision of this Deed of Trust. No prior waiver by Lender, nor any course of <br />dealing between Lender and Truster, shall constitute a waiver of any of Lender's home or of any of Thai obligations as to any future <br />transactions Whenever the consent of Lender Is required under this Deed of Trust the granting of such consent by Lender in any instance <br />shall net consulate continuing consent to subsequent Instances where such consent is required and in all oases such consent may be <br />granted or withheld in the sole discretion of Lender. <br />Severabiry. It a court of competent jurisdiction finds any provision of this Dead of Trust to be illegal, invaalid, or unenforceable as to any <br />person or circumstance, that finding shall not make the offending provision illegal. invalid. or unenforceable as to any other parson or <br />circumstance If kaslble, the offending province shall be considered modified so that It becomes legal, valid one enforceable- If the <br />offending provision cannel be so modified It shall be considered deleted from this Deed of Trust. Unless Cirri required by few, the <br />Illegality, invair ly, or imenforcadefity of any provision of this Deed of Trust shall not affect the legality, validly or enforceability of any other <br />provision of this Deed of Tmsl. <br />Succasunna and Assigns- subject to any limitations sated in this Deed of Trust on transfer of Trustofs Interest, this Deed of Trust shall be <br />binding upon and inure to the benefit of the parties, their supposedly and assigns. If ownership of the Property becomes vested In a pension <br />other than Trustoq Lender, without notice to Truster, may deal with Timber's successors with reference to this Deed of Trust and the <br />Indebtedness by way of forbearance on extension without releasing Truslor from the obligations of Ihs Deed of Trust or liability under the <br />Indebtebness. <br />Time is of the Exports. Time is of the essence in the performance of this Deed of Trust, <br />Waiver of Homestead Exemption. Truster hereby releases and waives all rights and benefits of the homestead exemption laws of the Slate <br />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 I this Deed of Trust. Unless specifically <br />stated to the contrary, all references to dollar amounts shall mean amounts In III money of the United Slates of America. Words and terms <br />used In the singular shall Include the plural, and the plural shall include the singular, as the context may require- Wortls and terms not otherwise <br />defined in this Deed of Trust shall have the meanings attributed to such terms tin the Uniform Commercial Code <br />Seasonal The word' Beneficiary" means Five Points Bank, and its successors and assigns. <br />Borrower. The word Borrower' means ELOV R URIBE and ORALIA D ENDIVES, and all other persons and entities signing the Note In <br />wLefever wpadly. <br />Deed of Trust. The words Deed of Trust" mean this Deed of Trust among Truslor, Lender, and Trustee, and includes without Iim lation all <br />assignment and security Interest provisions relating to the Personal Property and Rents. <br />Default. The word'Defili means the Default set forth In this Deed of Trust In the section titled'Dreaulp. <br />Environmental Lewis. The words "Environmental Laws" mean any and all stale, federal and local consider regulations and ordinances <br />elating 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 US C. Section 9601, at seq. rCERCLX'L the Socia tl Amendments and <br />Reauthorization Act of 1986, Pub. L. No. 99 -499 (" 9ARA'�), the Hazardous Materials Transportation Act, 69 U SC Section 1801, at seq, the <br />Resource Conservation and Socovery Act, 42 US.C. Section 6901, at seq., or other applicable stand m federal laws, rules, or regulations <br />adopted pursuant thereto- <br />