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<br />DEED OF TRUST
<br />(Continued)
<br />Page 6
<br />registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure
<br />from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of this Deed
<br />of Trust. Any person may change his or her address for notices under this Deed of Trust by giving formal written notice to the other person or
<br />persons, specifying that the purpose of the notice is to change the person's address. For notice purposes, Trustor agrees to keep Lender
<br />informed at all times of Trustor's current address. Unless otherwise provided or required by law, if there is more than one Trustor, any notice
<br />given by Lender to any Trustor Is deemed to be notice given to all Trustors. It will be Trustor's responsibility to tell the others of the notice from
<br />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 concerning the
<br />matters covered by this Deed 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 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 define
<br />the provisions of this Dead 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 Property at
<br />any time held by or for the benefit of Lender in any capacity, without the written consent of Lender.
<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 delays or omits to exercise 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 Trustor will not have to comply with the other provisions of this Dead 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 />Severabllity. 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 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 Dead of Trust may be found to be invalid or unenforceable.
<br />Non -Liability of Lender. The relationship between Trustor and Lender created by this Deed of Trust is strictly a debtor and creditor
<br />relationship and not fiduciary in nature, nor is the relationship to be construed as creating any partnership or joint venture between Lender
<br />and Trustor. Trustor is exercising Trustor's own judgement with respect to Trustor's business. All information supplied to Lender is for
<br />Lender's protection only and no other party Is entitled to rely on such information. There is no duty for Lender to review, inspect, supervise
<br />or inform Trustor of any matter with respect to Trustor's business. Lender and Trustor intend that Lender may reasonably rely on all
<br />Information supplied by Trustor to Lender, together with all representations and warranties given by Trustor to Lender, without investigation
<br />or confirmation by Lender and that any investigation or failure to investigate will not diminish Lender's right to so rely.
<br />Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor's 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 Deed 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 Deed 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 HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF NEBRASKA arid'ifs successors and
<br />assigns.
<br />Borrower. The word "Borrower" means Jason Moeller and includes all co- signers and co-makers signing the Note.
<br />Deed of Trust. The words "Deed of Trust" mean this Deed 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 1980, as amended, 42 U.S.C. Section 9601, et seq. ( "CERCLA "), the Superfund Amendments and
<br />Reauthorization Act of 1986, Pub. L. No. 99-499 ( "SARA "), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the
<br />Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et 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 individually, collectively, and interchangeably any of the events of default set forth in
<br />this Deed of Trust in the events of default 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 />Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation party of any or all of the Indebtedness, and, in each
<br />case, the successors, assigns, heirs, personal representatives, executors and administrators of any guarantor, surety, or accommodation
<br />party.
<br />Guaranty. The word "Guaranty" means the guaranty from Guarantor, or any other guarantor, endorser, surety, or accommodation party to
<br />Lender, including 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 physical,
<br />chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly
<br />used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substanoes" 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.
<br />Specifically, without limitation, Indebtedness includes the future advances set forth in the Future Advances provision of this Deed of Trust,
<br />together with all interest thereon.
<br />Lender. The word "Lender" means HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF NEBRASKA, Its successors and assigns. The
<br />words "successors or assigns" mean any person or company that acquires any interest in the Note.
<br />Note. The word "Note" means the promissory note dated June 20, 2005, in the original principal amount of $6,150.50 from
<br />Trustor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the
<br />promissory note or agreement.
<br />Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter
<br />owned by Trustor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all
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