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DEED OF TRUST ti 0 0 9 U 9 4 9 2 Pa~~ , Laar, Na: ~o~zz6z~~ (Continued) required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All copies of notices pf foreclosure from the holder of any lien which has priority Aver this Deed of Trust shall be sent to Lender's address, as shown near the beginning of this peed 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 persons, specifying that the purpose pf the notice is to change the person's address. For notice purposes, Trustor agrees tp keep Lender 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 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 Lender. ASSOCIATION OF UNIT OWNERS. The following provisions apply if the Real Property has been submitted to unit ownership law or similar law for the establishment of condominiums or cooperative ownership of the Real Property: Power of Attorney. Trustor grants an irrevocable power of attorney to Lender to vote in Lender's discretion on any matter that may come before the association of unit owners. Lender will have the right to exercise this power of attorney only after Trustor's .default; however, Lender may decline tp exercise this power as Lerider sees fit. Insurance. The insurance as required above may be carried by the association of unit owners on Trustor's behalf, and the proceeds of such insurance may be paid to the association of unit owners for the purpose of repairing or reconstructing the Property. If not so used by the association, such proceeds shall be paid to Lender. Default. Trustor's failure to perform any of the obligations imposed on Trustor py the declaration submitting the Real Property to unit ownership, by the bylaws of the association of unit owners, or by any rules pr regulations thereunder, shall be an event of default unSler this Deed of Trust .If Trustor's-interest in -the Real Property is a leasehoid interestand such property has been submitted to unit ownership, any failure by Trustor to perform any of the obligations imposed on Trustor by the lease of the Real prpperty from its owner, any default under such lease which might result in termination of the lease as it pertains to the Real prpperty, or any failure of Trustor as a member of an associatipn of unit owners to take any reasonable actipn within 7rustor's power to prevent a default under such lease by the associatipn of unit owners or by any member of the association shall be an Event of Default under this Deed of Trust. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: Amendments. What is written in this Peed of Trust and in the Related Documents is Trustor's entire agreement with Lender concerning the 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 signed by whoever will be bound or obligated by the change or amendment. Caption Headings. Caption headings in this peed of Trust are for convenience purposes only and are not to be used to interpret or define the provisions of this Deed of Trust. 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 any time held by or for the benefit pf Lender in any capacity, without the written consent of Lender. Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of Nebraska without regard to its conflicts of law provisions. This Deed of Trust has been accepted by Lender in the Stat® of Nebraska. 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, State of Nebraska. Joint and Several Liability. All obligations of Trustor under this Dead of Trust shall be joint and several, and all references to Trustor shall mean each and every Trustor. This means that each Trustor signing below is responsible for all obligations in this Deed of Trust. No Waiver qy Lender. Trustor understands Lender will not give up any of Lender's rights under this Deed of Trust unless Lender does 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 does agree in writing to give up one of Lender's rights, that does not mean Truster will not have to comply with the other provisions of this Deed of Trust. Trustor also understands that if Lender does consent to a request, that does npt mean that Trustor will not have to get Lender's consent again if the situation happens again. Trustor further understands that just because Lender consents to one or mkre of Trustor's requests, that does npt mean Lendar.weilf,.b~w•.raquicsd to consent to any of Trustor's future-requests. Trustor waives presentment, demand for payment, protest, and notice pf dishonor. 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 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 Deed of Trust even if a provision of this Deed of Trust may be found to be invalid or unenforceable. Successors and Assigns. Subject to any limitations stated in this Deed of Trust pn transfer of Trustor's interest, this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a parson other than Trustor, Lender, without notice to Trustor, may deal with Trustor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Trustor from the nbligations of this Deed of Trust or liability under the Indebtedness. Time is of the Essence. Time is of the essence in the performance of this Deed of Trust. Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of Nebraska as to all Indebtedness secured by this Deed of Trust. DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust: Beneficiary. The word "Beneficiary" means Five Points Bank, and its successors and assigns. Borrower. The word "Borrower" means DANIEL H TUCHENHAGEN and CAROLYN K TUCHENHAGEN and includes all np-signers and co-makers signing the Note and all their successors and assigns.