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Loan No: 10123�p77 ; � � . <br />DE�D OF TRUST <br />(Cantinued) 2 O 1 U 0 9 4 S� <br />, Page 8 <br />State of Nehraska. <br />Joint and Sevaral Liahility. All obligatians of Trustor under this Deed af Trust shall be joint and several, and all references to Trustor <br />shall 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. Lender shall not be deemed to hava waived any rights under this Dead of Trust unless such waiver is given in <br />writing and signed by Lender. No delay ar pmission on the part of Lender in axercising any right shall operete as a waiver of such <br />right or any other right. A waiver by Lsnder of a provision of this Deed of Trust shall not prejudice or constituts a waiver of Lender's <br />right otherwise to demand strict compliance with that prpvision or any other provision of this Deed of Trust. No prior waiver by <br />Lender, nor any course of dealing between Lender and Trustor, shall constitute a w�iver of any of Lender's rights or of any af <br />Trustor's obligstions as to any future transactipns. Whenever the consent of Lender is required under this Deed of Trust, the granting <br />of such consent by Lender in any instance shall not constitute continuing consent to subsequent instences where such consent is <br />required and in all cases such cansent may be granted or withheld in the sole discretion af Lender. <br />5avarehility. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or unenforceable as to <br />any person or circumstancs, that finding shall not maka the nffending provision illegal, invslid, ar unenforceable as to any other parson <br />or circumstance. If feasible, the offending provision shall be considerad mpdified so that it becomes legal, valid and enforceable. If <br />the pffending provision cannot be so modified, it shall be considered deleted from this beed of 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 />enfprceebility of any other provision pf this beed of T'rust. <br />5uccessors and Assigns. Subject to any limitations stated in thia Deed of Trust on transfer of Trustor's interest, this Deed af 7rust <br />shall be binding upon and inure to the benefit of the parties, their successors and asaigns. If ownership of the Property becomes <br />vested in a person other than 1'rustar, Lender, without notice ta 7rustor, may deal with Trustor's successors with reference to this <br />Daed af 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 (ndebtedness. <br />Time is of the Essence. Time is of the essence in the performance of this Deed of Trust. <br />Waiver of Momestead Exemption. Trustor hereby releases and waives all rights and banefits of the homestead exemption laws of the <br />State of Net�reska as to all Indebtedness secured by this Deed of Trust. <br />D�FINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of Trust. Unless <br />specifically statad to the contrary, all references to dollar amounts shall mean amounts in lawful money af the United States of America. <br />Wprds and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words <br />and terms not otherwise defined in this �eed of Trust shall hava the meanings attributed to such terms in the Uniform Commercial Code: <br />Beneficiary. 7he word "Beneficiary" means Five Points Bank, and its successors and assigns. <br />Borrower. The word "Borrower" means OLIVIA LLAMAS and MpISES LLAMAS and includes all co-signers and co-makers signing the <br />Note and all their successors and assigns. <br />Deed of Trust. The words "�eed of Trust" mean this Deed of Trust among 1'rustor, Lender, and Trustee, and includes without <br />limitation all assignment and security interest prnvisions relating to the Personal Property and Rents. <br />Default. The word "Default" means the Default set forth in this Deed of Trust in the section titled "Default". <br />Environmental l.aws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances <br />relating to the prptection of human health pr 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. ("CERCLA"1, the Superfund <br />Amendments and Reauthorization Act of 1986, Pub. L. No. 89-499 ("SARA"1, the Hazardous Materials Transportation Act, 49 U.S.C. <br />Section 1801, et ssq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicsble state or <br />federal laws, rules, or regulations adapted pursuant thereto. <br />Event of Dafeult. The words "Event nf Dsfault" mean any of the evants af default set forth in this Deed of Trust in the events of <br />defeuit section of this Deed of Trust. <br />Existing Indehtedness. The words "Existing Indeb#edness" mean the indebtedness dascribed in the Existing Liena provisipn of this <br />Deed af Trust. <br />Gusranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodatinn perty to Lender, including <br />without limitation a guaranty of all pr part of the Note. <br />Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or <br />physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the envirpnment <br />when improperly used, treated, stored, disposed of, generated, msnufectured, transported or otherwise handled. The words <br />"Hazardous 5ubstances" are used in their very broadest sanse and include without limitetion any and all hazardous or taxic <br />su6stances, materials or waste as defined by or listed under the Environmental Lsws. The term "Hazardous Substsnces" also <br />includas, without limitation, petroleum end petroleum by-products or any fraction thereof and asbestos. <br />Improvements. The word "Improvements" msans all existing and future improvements, buildings, structures, mobile homes affixed on <br />the Real Property, facilities, additions, replacements and other canstruction on the Real Property. <br />Indehtedness. The word "Indebtedness" means all principal, intarest, and other amounts, costs and expenses payable under the Npte <br />or Related Documents, together with all renewels of, axtensions of, modifications nf, consolidations of and substitutions fpr the Note <br />or Related Documents and any amounts expended or advanced by Lender to discharge Trustor's obligations or expanses incurred by <br />Trustee or Lender to enforoa 7rustor's o6ligations under this Deed pf Trust, together with interest an such emounts as provided in this <br />Deed of 7rust. Specifically, without limitation, Indebtedness includes the future advances set forth in the Future Advances provision <br />of this Deed of Trust, together with all interest therean. <br />