|
Loan No: 774633 DEContnued S7 200207556 Pagel
<br />for ial written notice t, the other person or rantina, ,pacifying Thar the purpos e nor. of the note.. In to change the address. Fur
<br />notice purposes, Truster agrees to keep Lender Informed at all times of Trusts r
<br />or'c ant address, Unless otherwise provided or required
<br />by law, if there is more than one Truster, any notice given by Lender to any Truster is deemed to be notice given to all Trusters, It will be
<br />Truster's responsibility to tell the others of the notice from Lender,
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a parr of this Dead of Trust:
<br />Amendments. What is written in this Deed of Trust and in the Related Documents is Truster's entire agreement with Lender
<br />concerning the matters covered by this Dead of Trust. To be effective, any change or amendment to this Deed of Trust must be in
<br />writing and must he 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 todocullocritic purposes only and am rot to be used to Interpret or
<br />define the provisions of this Deed of Trust.
<br />Merger. There shall be no erger of the interest n estate created by this Deed of Trust with any other interest or estate In the
<br />Properly at any Brno 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 and interpreted in accordance with federal law and the laws of the State of
<br />Nebraska. Thin Dead 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 County,
<br />State of Nebraska.
<br />Joint and Several Liability. All obligations of Truster under this Deed of Trust shall be joint and several, and all references to Truster
<br />shall mean each and every Trust -_ This means that each Truster signing below Is responsible for all obligations in this Dead of Trust.
<br />No Waiver by Lender. Truster understands Lender will not give up any of Lender's rights under this Deed of Trust unless Lender does
<br />as in writing. The fact that Lender delays or omits to exercise any right will not mean that Lander has given up that right. If Lender
<br />uses agree in writing to give up one of Lender's rights, that does not mean Truster will not have to comply with the that provesruns
<br />of this Deed of Trust. Truster also understands that if Lander does consent ent to a -quest, that does not mean that Truster will riot
<br />have to get Lender's consent again If the situation happens again. Truster further understands that just because Lender consents to
<br />one or e of Truster's requests, that does not mean Lender will be required to consent to any of Truster's future requests. Truster
<br />waives pmsontmenp demand for payment, protest, and notice of dishonor.
<br />Severability. If a court finds that any provision of this Decd of Trust is net valid or Should riot 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 />Dead of Trust even if a provision of this Deed of Trust may be found to be invalid or unenforceable.
<br />So. and Assigns Subject to any limitations stated in this Deed of Trust on transfer of Truster's interest, This Deed of Trust
<br />shall be binding upon and inure to the benefit of the parties, their successors and assigns. It ownership of the Property becomes
<br />vested In a person other than Truster, Lender, without notice to Truster, 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 Truster from The obligations of this Osed 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 Us Tr or hereby mleaees and w 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 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 ROBERT D RIEDY and KRISTIN RIEDY, and all other persons and entities signing the Note.
<br />Deed of Trust. The words "Deed of Trust- mean this Deed of Trust among Truster, Lender, and Trustee, and includes without
<br />limitation all assignment and security interest provisions relating to the Personal Property and Rants.
<br />Environmental Laws_ The words "Environmental Laws" mean any and all state, federal and local statues, 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. I "CERCLA "I, The Supermird
<br />Amendments and Reauthorization Act of 1986, Pub. L. No. 99 -499 ( "SARA" I, the Hazardous Matebals Transportation Act, 49 J.S.C.
<br />Section 1801, et Sec_ the Rcsoumu Con ervation 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 Defauh. The words "Event of Default" mean any of the events of default set forth In this Deed of Treat In the events of
<br />default section of this Deed 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" materials that, because of their queofity, concentration or
<br />physical. chemical o infectious characteristics, may c or pose as 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 sed In their very broadest sense and include without limitation any and all hazardous or toxic
<br />substances, martinets n ate as defined by or listed ender The Environmental Laws. The ter "Hazardous Substances also
<br />includes, ewithout limitalionWpetroleum and petroleum byproducts or any fraction thereof and asbestos.
<br />Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed nn
<br />the Real Property, facilities, additions, replacements and other construction on the Real Property.
<br />Indebted....- The wood " Indebtedness" moans all principal, interest, and other amounts, costs and expenses payable under the Note
<br />
|