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DEC] QF TRUST ~'(~ ~ ~ ~ ,~ ~ ~ +~
<br />Loan No: 1~1,2~1~pr4 • ,, : ,. (Continued) Page 7
<br />required by law), when deposited with a nationally recognized overnight courier, pr, if mailed, when deposited in the United States mail, as
<br />first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of thus peed of Trust. All
<br />copies of notices of foreclosure from the holder of any lien which has priority over this Deed pf Trust shall be sent to Lender's address, as
<br />shown near the beginning of this Deed pf Trust. Any person may change his or her address for notices under this Deed pf Trust by giving
<br />formal written notice to the other person or persons, specifying that the purpose of the notice is tp change the person's address. For
<br />notice purposes, Trustor 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 Trustor is deemed to be notice given to all Trustors. 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 6e effective, any change or amendment to this Deed of Trust must be in
<br />writing and roust be signed by whoever will be bound or obligated by the change or amendment.
<br />Caption Weadings. 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 with 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 qe governed by federal law applicable to Lender and, to the extant not preempted by federal
<br />law, the Taws of the State of Nebraska without regard to its conflicts of law provisions. This Deed of Trust has been accepted by
<br />Lender in the State of Nebraska.
<br />Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request tp submit to the jurisdiction of the courts of Hall County,
<br />State of Nebraska.
<br />Joirrt and Several Liability. All obligations of Trustor under this Deed of Trust shall be joint and several, and all references to Truster
<br />shalt mean each and every Trustor. This means that each Trustor 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 tp give up one pf Lender's rights, that does not mean Trustor will not have to comply with the other previsions
<br />of this peed of Trust. Trustor also understands that if Lender does consent to a request, that does not mean that Trustor will not
<br />have to get Lender's consent again if the situation happens again. Trustor further understands that just because Lender con$ents tp
<br />one or mere 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 />Severabitity. If a court finds that any provision of this Deed pf 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 previsions of this
<br />Deed of Trust even if a provision pf this peed of Trust may be found to be invalid or unenforceable.
<br />Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustpr'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 Trustor, 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. Trustor 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 Deed of Trust.
<br />DEFINITIONS. The tollowing 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 KEVIN L CLAUSSEN and MELISSA CLAUSSEN and includes elf cv-signers and co-makers
<br />signing the Note and all their successors and assigns.
<br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and includes without
<br />limitation all assignment and security interest provisions relating to the Personal Property and Rents.
<br />Environm®ntal 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, et seq. l"CERCLA"), the Superfund
<br />Amendments and Reauthnrizatipn Act of 7988, Pub. L. No. 99-499 ("SARA"1, the Hazardous Materials Transportation Act, 49 U.S.C.
<br />Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6907, et seq., or other applicable state or
<br />federal laws, rules, or regulations adapted pursuant thereto.
<br />Event of Defauh. The words "Event of Default" mean any of the events of default set forth in this peed of Trust 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" mean materials that, because pf their quantity, concentration or
<br />physical, chemical or infectious characteristics, may cause ar pose a present or o_~ tential h~a~rh.tLrr~r health or the environment
<br />when improperly used, treated, stored, disposed of, generated, manufactured+,~tnpprq@d~gg githerwise handled. The words
<br />"Hazardous Substances" are used in their very broadest sense a~d riryctudb ~ vyt~ia,~nitatipn any and all hazardous or toxic
<br />nw..r .. ~ ti~M ~
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