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DEED OF TRUST <br />(Continued) 200210627 Page <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 affective when actually delivered, when actually received by telefacsimile lunless otherwise <br />required by law), when deposited with a nationally recognized overnight courier, or, If mailed, when deposited in the United States mail, es <br />first class, certified 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 Dead of Trust shell be sent to Lender's address, as <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 />formal written notice to the other person or persons, specifying that the purpose of the notice is to change the person's address. For <br />notice purposes. Truster agrees to keep Lender Informed at all times of Trustor's current address. Unless otherwise provided or required <br />by law, if there is more than one Trustor, any notice given by Lender to any Truster is deemed to be notice given to all Trusters. It will be <br />Trustor'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 Deed of Trust and In the Related Documents Is Trustor's entire agreement with Lender <br />concerning the matters covered by this Deed of Trust. To be effective, any change or amendment 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 Deed of Trust. <br />Merger. There shall be no merger of the Interest or estate created by this Deed of Trust uvith 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 Law. This Deed of Trust will be governed by and interpreted in accordance with federal law and the laws of the State of <br />Illire i.. except and only to the extent of procedural matters related to the perfection and enforcement of Lender's rights and remedies <br />against the Property, which will be governed by the laws of the State of Nebraska. However, if there ever is a question about <br />whether any provision of this Deed of Trust Is valid or enforceable, the provision that is questioned will be governed by whichever <br />state or federal law would find the provision to be wild and enforceable. The loan transaction which is evidenced by Me Credit <br />Agreement and this Deed of Trust has been applied for, considered, approved and made. and all necessary loan documents have been <br />accepted by Lender in the State of Illinois. <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 to Trustor shall mean each and every Trustor, and all references to Borrower shall mean each and every Borrower. This <br />means that each Borrower and Truster 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 Truster will not <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 more of Trustor's requests, that does not mean Lender will be required to consent to any of Trustor's future requests. Trustor <br />waives presentment, demand for payment, protest, and notice of dishonor. <br />Severability. 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 Assume. 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 Truster, 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 this Deed 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. Traitor 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 Decd of Trust. <br />DEFINITIONS. The following words shall have the following meanings when used In this Deed of Trust: <br />Beneficiary. The ward "Beneficiary' means State Farm Bank, F.S.B., and its successors and assigns. <br />Borrower. The word "Borrower' means PAUL A POLANSKY, and all other persons and entities signing the Credit Agreement. <br />Credit Agreement. The words "Credit Agreement" mean the credit agreement dated August 20, 2002, with credit limit of <br />$20,000.00 from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations <br />of, and substitutions for the promissory note or agreement. The maturity date of this Dead of Trust is August 20, 2009. <br />Deed of Trust. The words "Deed of Trust" mean this Dead of Trust among Trustor, Lender, and Trustee, and includes without <br />imitation 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. 1'CERCLA "1, the Superfund <br />Amendments and Reauthorization Act of 1986, Pub. I, 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 Defauk. 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 />