�` � nE�o o� TRUST 2 010 0 7 9� 2
<br />Loan No: 141235634 (Continued) Page 8
<br />Choice of Venue. If there is a lawsuit, T'rustor agrees upon Lender's request ta submit to the jurisdiction of the courts of Hall County,
<br />State of Nebr�sk8.
<br />Joint and Several L.iability. All obligatipns af Bprrpwer and Trus#ar under this Deed pf Trust shall be joint end several, end sll
<br />rsferences ta Trustar shall mean each and every Trustor, and all references to Borrower shall mean each and every Borrower. This
<br />means that each Trustor signing below is responsible for all obligations in this Deed of Trust.
<br />No Waiver by Lender. Lender shall not be deemed ta have waived any rights under this Deed af 7rust unless such waiver is given in
<br />writing and signed by Lender. Np deley pr omission on the part of Lender in exercising any right shall operate as a waiver pf such
<br />right or any other right. A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's
<br />right otherwise to demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by
<br />Lender, nor any course of dealing between Lender and Trustar, shall constitute a weiver of any of Lender's rights nr of any of
<br />Trustor's obligatipns as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, tha granting
<br />of such consent by Lender in any instance shell not constitute continuing consent to subsequent instances where such consent is
<br />required and in all cases such consent may be granted or withheld in the sole discretion of Lender.
<br />5everability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or unenfprcesble as to
<br />any person or circumstance, that finding shell npt make the offending prpvisipn illegal, invelid, pr unenforceable as to any other person
<br />or circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If
<br />the offending provision cannot be so modified, it shall be cdnsidered deleted frnm this Dead af Trust. Unless otherwise required by
<br />law, the illegality, invalidity, or unenforceability of eny provision of this Deed of Trust shall not affect the legality, validity or
<br />enforceability of any other provision af this Deed of Trust.
<br />Succeasors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer pf Trustar's interest, this Dead of Trust
<br />shall be binding upon and inure to the benefit af the parties, their successors and assigns. If ownership of the Property becomes
<br />vested in a persnn 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 obligatinns of this Deed af
<br />Trust ar liahility under the Indebtedness.
<br />Time is of the Essence. Time is af the essence in the performance af this peed of Trust.
<br />Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the hnmestead exemption laws of tha
<br />State of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br />p�FINITIONS. The fpllpwing cepitalized words and terms shal) have the following meanings when used in this Deed of Trust. Unless
<br />specifically stated to the contrary, all references to dollar amounts shall mean emnunts in lawful money of the United Stetes of America.
<br />Words and terms used in the singular shall include the plural, and the plurel shall include the singular, as the context may require. Words
<br />and terms nat otherwise defined in this Deed of Trust shall Mave the meanings attributed to such terms in the Uniform Commercial Code:
<br />Beneficiary. 7he word "Beneficiary" means Fiva Ppints Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means SEWER RQQTER SERVICE & PLUMBING INC, DARRELL L PENAS and PAMELA PENAS and
<br />includes all co-signers and co-makers signing the Npte and all their successors and assigns.
<br />peed of Trust. 7he words "Deed of Trust" mean this �eed of Trust among 7rustor, Lender, and 7rustee, and includes without
<br />limitation all assignment and security interest provisions relating to the Persanal Property and Rents.
<br />Default. The word "Default" means the Default set forth in this Deed of Trust in the section titled "pefault".
<br />Environmental Laws. 7he words "Envirpnmsntal Laws" mean any and all state, federal and local statutes, regulations and ordinances
<br />releting to the protectipn of human health or the environment, including without limitation the Cnmprehensive �nvironmental
<br />Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.G Section 9601, et saq. ("CERGLA"►, the Superfund
<br />Amendments and Reauthorization Act af 1986, Pub. L. No. 99-499 ("SARA"1, the Hazardous Materials 7ransportatian Act, 49 U.S.C.
<br />Section 1801, et seq.; the ResourCe Gonservatipn and Recovery Act, 42 U.S.C. Sectinn 6901, et seq., or other applicable stax� or
<br />federal laws, rules, or regulations adopted pursuant thereto.
<br />Evant of Dafeult. The words "Event of �efault" mean any of the events of default set forth in this Deed of Trust in the events vf
<br />default section of this Deed of Trust.
<br />Existing Indebtedness. The words "Existing Indebtedness" meen the indebtedness described in the Existing Liens provision of this
<br />Deed of Trust.
<br />Guaranty. The word "Guaran#y" 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 Supstances. The words "Hazardous Substancas" mean materials thet, because of their quantity, concentration or
<br />physical, chemical or infectipus charecteristics, may cause or pose a present or potential hazard to humen health or the environmant
<br />when improperly used, treated, stored, disposed of, generated, manufactured, transportad or otherwise handlad. The wards
<br />"Hazardous Substances" are used in their very broedest sense and innluds withput limitation any and all hazerdous or toxic
<br />substances, materials or weste es definad by or listed under the Environmental Laws. The term "Hazardous Substances" also
<br />includas, without limitetian, petroleum and petroleum by-products or any fraction thereof and asbestos.
<br />Improvements. The word "Improvements" means sll existing end future improvements, buildings, structures, mobile homes affixed on
<br />the Real Property, facilities, additions, replacements and other construction on tha Real Property.
<br />Indebtedness. The ward "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note
<br />or Related Documents, together with all renewals of, extensions af, modifications of, ennsolidetipns pf and substitutions for the Note
<br />or Related bocuments and any amounts expended nr advanced by Landar to discharge Trustor's obligations or expenses incurred by
<br />7rustee or I.ender tn enforce Trustor's obligations under this Deed of Trust, together with interest on such amounts as provided in thia
<br />Deed of Trust. Specifically, withaut limitation, Indebtedness includes all amounts that may be indirectly secured by the
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