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�` � 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 <br />