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<br />Loan No: $08358 (Cantinued) 2, Q,1 � Q,9 4 5% Page 6
<br />required hy law), when deposited with a nationally recognizad avernight cnurier, or, if mailed, when deposited in the United Statea meil, as
<br />first class, certifiad or registared mail postage prepaid, directed to the addressss shown near tha beginning vf this Deed of Trust. All
<br />copies of notices of foreclosure from the holder of any lien which has priority ovar this Deed of Trust shall be sent tv Lsnder's address, as
<br />shawn near tha 6eginning af this Deed of Trust. Any party msy change ita eddress for notices under this Osed of Trust 6y giving formsl
<br />writtan notice to ths nther perties, specifying that tha purpose vf the noSice is to change tha party's address. For notice purposes, 7rustar
<br />agrees #o keep Lendar informed et all times of Trustor's current address. Unless otherwiae provided or required by law, if thera is more
<br />than one Trustor, any notice givan by Lender to any Trustor is deemed to be notice given to all Trustbrs,
<br />MISCELLANEOUS PROVISI4NS. The foilowing miscellaneous provisions are a part af this Deed of Trust:
<br />Amendmenta. This Deed of 1'rust, together with any Related Dacuments, constitutes the entire understanding and agreement of tha
<br />parties as to the matters set farth in this Deed of Trust. No elteration of or amendment to this I]eed of Trust shali be effective unless
<br />given in writing snd signed by the party or parties saught ta be charged nr bound 6y the alteration or amendment.
<br />Annual Reports. If the Praperty is used fnr purposes oYher than Trustor's residence, Trustar shall furnish to Lender, upon requast, a
<br />cartified statement of net operating incame received fram the Property during Trustor's previous fiscal year in such form and detail as
<br />Lender shall require. "Net operating income" shall mean all cash receipts fram the Property less all cash expenditures made in
<br />connectiqn with thQ operation.Of.th� Prpperty, ,,.
<br />Captinn Headings. Caption heedings in this Deed of Truat ere for convenience purposes only and are not to be used tn interpret or
<br />define the pravisions of this Peed of Trust.
<br />Merger. There shall be no merger of #he interest or estate created by this Deed of Trust with any other interest or estate in tha
<br />Proper[y at any time held by or far the benefit of Lender in any cspecity, without the writtan cansent af Lender.
<br />C3overning Law. This �eed of 7ruat will be govarned by fndaral law applicahle to Lender end, ta the extant not preempted by federal
<br />law, the law� of tha 5tate af Nebraske without regnrd to its conflicts of law prouisians. This Daed af Trust has been accepted qy
<br />Lender in the State of Nebraska.
<br />Choice of Vanue. If there is a lawsuit, Trustor agreas upon LBnder's request to submit to the jurisdiction of the courts af Hall County,
<br />State of Nebraska.
<br />Jaint and Several Liebility. All pbligations af Borrower and Trustor under thia Deed vf Trust shall be joint and several, snd ell
<br />references ta 1"rustar shall mean each and every T'rustar, and all references to 8orrawer shall mean each and avery Borrawer. This
<br />meens that each Trustar signing qalow is respansible for all obHgations in this aeed of Trust. Whare any one or mare of the parties is
<br />a corporation, partnership, limitad lia6ility company or similar entity, it is not nacessary fvr Lender to inquire into the pnwers of any of
<br />the officers, directors, parfiers, members, or other agents acting or purporting to act on the entity's behalf, and eny obligatians made
<br />or creeted in reliance upon the professed exereise of such powers shell be guaranteed under this Deed of Trust.
<br />No Weiver by Lender. Lender shall not be deemed ta have waived any rights under this Daed of Trust unless such waiver is givan in
<br />writing and aigned by Lender. No delay or omission an tha part of Lender in exerciaing any right shall aperate as a waiver of such
<br />righ# or any other right. A waivar by lender of a pravisian of this Deed of Trust shall not prejudice ar cvnstitute a waiver of Lendar's
<br />right otherwise to demand strict complianca with that provisian or any other provision nf thia peed of Trust. No prior waiver by
<br />,, I.ender, nor any course of dealing between Lender end Trustor, shall canstitute a walver of any of Lender's rights or af any of
<br />Trusfor's obligatians es to any future transactiana. Whenavgr the consant of Lendar is requirad under this Deed of Truat, the granting
<br />of such consent by Lander in any instance sha►I not constitute continuing cansent tv subsequent instances where such consent is
<br />required and in all cases such consent may be grsnted or withheld in tha sole discretion of Lender.
<br />Severability. If a court af competent jurisdiction finds any prpvision af this Deed af 1'rust to �e illegal, invalid, or unenforceable as to
<br />any person or circumstance, thet finding shall not make the offending provision illegal, invalid, or unenforceable as to any other person
<br />or circumstance. If feasible, the offending provision shall be considered modified so that it 6ecomes legal, valid end enforcea6le, If
<br />the affending provision cannot be so madified, it shell be cansidered delatsd from thls Deed oP Trust, Unlsss otherwise required by
<br />Iaw, the illegality, invalidity, or unenforceebility of any provision of this Dsed of Trust shall not affect the legality, validity or
<br />enforceability of any other provisian of this Deed of Trust.
<br />Sucbessars end Assigns. Subject to any limitetions stated in this Dsed of 7rust on trensfer of Trustor's intarest, this Deed of 7rus#
<br />shall be binding upon and inure ta the benefit af the pariies, thair successors and assigns. If ownership of the Praperty becomes
<br />veated In a persan other than Trustor, Lender, without notice to Trustor, mey deal with Trustor's successors with reference to this
<br />Deed af Truat and the Indebtedness by way of forbearance ar extension withaut releasing TruStor from the o6ligetions af this Deed of
<br />Trust or liability under #he Indebtedness.
<br />Time ia af the �ssance. 7ima is of the esaence in the performance af this �eed qf Trust.
<br />Waive Jury. All partias to this Deed af Trust herehy weive the right to any jury trial In any ec#fan, pr.oceeding, or �ounterclaim hrought
<br />hy any perty apainst eny other party.
<br />Waivar af Homastead Ex�mption. Trustor haraby releases and waives all rights and benefits of the hvmestead exemption laws af the
<br />Stete of Nebraska as to ell Indabtedness aecured by this Dead of Trust.
<br />DEFIIVITIONS. 7he following capitalized words end terms shall have the following meanings when used in this Deed of Trust. Unless
<br />specificelly stated to the contrary, all references to doliar amounts shall mean amounts in lawful money of the United Sta[es of America.
<br />Words and terms used in the singular shell include the p�urel, and the plural shall include the singulAr, ss the context may require. Words
<br />and terms not otherwise definad in this Deed of Trust shell have khe meanings attributed to such terms in the Uniform Gommerciel Code:
<br />Baneficiary. The word "Beneficiary" maans �quitable Bsnk, and its succasaors and assigna.
<br />6arrower. 7he word "Borrowar" means RICHARD J OSBORNE and RUTM A OSBORNE and includes all co-signers and co-makers
<br />signing the Note and all thair succesaors and assigns.
<br />Daed of trust. The wards "Deed af Trust" mean this Deed of Trust among Trustor, Lender, snd Trustee, snd includes without
<br />limitation all assignment and security interest provisions relating to the Persanal Property and Rents.
<br />[�af�ult. The.word "Defal�lt".means the,Dafault aet farth�Im this De�ad a:f Truat in the seation titled "DefaulY'.
<br />Environmental Laws. The wards "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances
<br />relating to the pratection af human health nr the environment, including without limitation the Comprehenaive Environmental
<br />Respanse, Campensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq, ("CERCLA"1, the Superfund
<br />Amendments and Reauthvrizatian Act af 1986, Pub. L. No. 99-499 ("SARA"), the Wazardous Materials Transportatian Act, 49 U.S.C.
<br />5ec#ion 18p1, et seq., the Resource Conservatian and Recavery Act, 42 U.S.C. Sectian 6901, et saq., or other applicable state or
<br />federal lawa, rules, or regulations adopted pursuant thereta.
<br />Event of Defeult. The words "Event of Default" mean any aF the events af default set farth in this qeed of Trust in the events of
<br />default section af thia Deed of Trust.
<br />Exlating Indebtedness. The words "Existing Indebtedneas" mean the Indebtedness dsscribed in the Existing Liens provision af this
<br />Deed of Trust.
<br />Guaranty. The word "Guaranty" means the guaranty frpm guarantor, endor8er, surety, or accommodation party to Lender, including
<br />without limitation e guarenty of all or part of the Note.
<br />Hazprdous Substances. The words "Hazardous 5ubatances" mean meteriels that, because of their quentity, cnncentratipn or
<br />physicel, chemicai or infectious characteristics, may ceuse or pose a present ar potential hazerd to human health or the envirpnment
<br />when imprvperly uaed, treated, stored, disposed of, generated, manufactured, transparted ar otherwise handled. The words
<br />"Hazatd0us Substances" ere used in thelr very broadest sense and inplude withouc limitation any and all hezardaus or toxic
<br />substances, meterials or waste as dafined by or Iisted under tha Enviranmental Laws. The term ,".H�z�r�o�s Substances" aiso
<br />includes, without limitation, petroleum and pstroleum by-praducts ar any frecYion thereaf��n�a�ba�t��• a�`,� ,.
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