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DEED OF TRUST 2 010 0 9� 9 8
<br />Loan No: 101237353 (Continued) Page 7
<br />and address of the successor trustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed
<br />of Trust or their successors in interest. The successor trustee, without conveyance of the Property, shall succeed tv all the title,
<br />power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. 7his procedure for substitution of Trustee
<br />shall govern to the exclusion of all other provisions for substitution.
<br />NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice ofi default and any notice of
<br />sale shall be given in writing, and shall be effective when actually delivered, when actually rsceived by telefacsimile (unless otherwise
<br />required by law), when deposited with a nationally recognized overnight courier, or, ifi 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 this Deed of Trust. All
<br />copies of notices of foreclosure from the holder of any lien which has prinrity over this Deed of Trust shall be sent to Lender's address, as
<br />shown near the beginning of this Deed of Trust. Any party may change its address for notices under this Deed of Trust by giving formal
<br />written notice to the other parties, specifying that the purpose of the notice is to change the party's address. Fvr notice purposes, Trustor
<br />agrees to keep Lender informed a[ all times of Trustor's current address. Unless otherwise provided or required by law, if there is more
<br />than one Trustor, any notice given by Lender to any 7rustor is deemed to be notice given to all Trustars.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of This Deed of Trust:
<br />Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the
<br />parties as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effec#ive unless
<br />given in writing and signed by the party or parties sought ta be charged ar bound by the alteration or amendm�nt.
<br />Annual Reports. If the Property is used for purposes other than Trustor's residence, Trustor shall furnish to Lender, upon requast, a
<br />certified statement of net operating income received from the Property during Trustor's previous fiscal yaar in such farm and da#ail as
<br />Lender shall require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in
<br />connection with the operation of the Property.
<br />Caption Headings. 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 np merger of the interest or estate created 6y this Deed of Trust with any other interest or estate in the
<br />Prnperty 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 be gaverned by federal law applicabNe to I.ender and, tv the extent not preempted hy federal
<br />law, the laws of the State of Nebraska without regard to its conflicts of law provisions. This Dead 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 to submit ta the jurisdic#ion of the caurts af HALL
<br />Caunty, State of Nebraska.
<br />Joint and Several Liability. All obligations of Trustor under this Deed of Trust shall be joint and several, and all references to Trustor
<br />shall mean each and every 7rustor. 7his means that each Trustor signing below is responsible for all obligatinns in this Deed of Trust.
<br />No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given in
<br />writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall oparate as a waiver of such
<br />right or any other right. A waiver by Lender of a provision of this Peed of Trust shall not prejudice or cpnstitute a waiver of Lender's
<br />right otherwise to demand strict compliance with #hat provision 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 waiver of any ot Lender's rights or of any of
<br />Trustor's o6ligations as to any tuture transactions. 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 su6sequent instances where such consent is
<br />required and in all ceses such consent may be granted or withheld in the sole discretion of Lender.
<br />Severability. If a court of competent jurisdiction find5 any provision of this Deed of Trust ta ba illsgal, invalid, or unenfprceable as to
<br />any person or circumstance, that finding shall not make the ntfending 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 becomes legal, valid and enforceable. If
<br />the offending provision cannot be so modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required by
<br />law, the illegality, invalidity, or unenforceability of any provision of this Deed of 7rust shall not affect the legality, validity or
<br />enforceability of any other provision of this Deed of Trust.
<br />Succeasors and Assigns. Subject to any limitetipns stated in this bead af Trust vn tr8nsfer Of Trustor's interest, this Deed of Trust
<br />shall be binding upon and inure to the benefit of the parties, their successors end 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 />Tims is of ths 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 />5tate of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br />DEFINITIpNS. The following capitalized words and terms shall 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 amounts in lawful money of the United States of America.
<br />Words 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 Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code:
<br />Beneficiary. The word "Beneficiary" means Five Points Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means WENDY L DENOYER and JACK D WIESE and includes all co-signers and co-makers signing
<br />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
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