|
DEED OF TRUST 2 010 � 9 7 5 5 Page 7
<br />Loan No: '10'12364$3 (C011tlrlu�d)
<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 priority over this Deed of Trust shall be sent to Lender's address, as
<br />shown near the beginning of this beed of Trust. Any person may change his or her address for notices under this deed of Trust by giving
<br />formal written notice to the other person or persons, specifying that the purpase of the notice is to change the person's address. For
<br />notice purposes, Trustor agrees to keep Lender informed at all times of Trustor's current address• Unless otherwise provided or required
<br />by law, if there is more than one Trustor, any natice given by Lender to any Trustor is deemed to be notice given to all "frustors. I# will be
<br />Trustor's responsipility to tell the others of the nptice frpm Lender.
<br />M15CELLANEOUS PROVISIONS. The following miscellaneous provisions are a part ot this Deed of 7rust:
<br />Amendments. What is written in this Deed of Trust and in the Related Documents is Trustor's entire agreement with Lender
<br />concerning the ma[ters covered by this Deed of Trust. To be effective, any change or amendment to this beed of 7rust must be in
<br />writing and must be signed by whoever will be bound or obligatsd by the change pr amendment.
<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 no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the
<br />Property 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 af Trust will be governed by federal law applica6le to Lender and, to the extent not preempted by federal
<br />law, the laws of the State of Nebraska without regard to its conflicts of law provisions. This Deed of Trust has been accepted by
<br />Lendar in the State af Nebraska.
<br />Choice of Venua. If there is a lawsuit, 7rustqr agrees upon Lender's request to submit to the jurisdiction of the courts of HALL
<br />County, 5tate of Nebraska.
<br />Joint and Several Liability. All obligations of Trustor under this Peed of Trust shall be jaint and several, and all references ta Trustor
<br />shall mean each and every 7rustor. 7his means that each Trustor signing below is responsi6ls for all o6ligations in this Deed of Trust.
<br />No Waiver by Lender. Trustor understands Lender will not give up any of Lender's rights under this Deed of Trust unless Lender does
<br />so in writing. The fact that Lender delays or omits ta exercise any right will not mean that Lender has given up that right. If l.ender
<br />does agree in writing to give up pne of Lender's rights, that daes npt mean 7rustor will npt have to comply with the other provisians
<br />of this Deed of Trust. 7rustor also understands that if Lender does cvnsent to a request, that does nbt mean that Trustor will not
<br />have to get Lender's canssnt again if the situation happens again. Trustbr further understands that just because Lender consents to
<br />one or more of Trustor's requests, that does not mean Lender will be required to consent to any of Trustor's future requests. Trustor
<br />waives presentment, demand for payment, protest, and notice of dishonor.
<br />Severability. If a court finds that any provision of this Deed of Trust is not valid or should not be enforced, that fa.ct by itself will not
<br />mean that the rest of this Deed of Trust will not be valid arenforced. 7herefiare, a caurt will enforce the rest of the pravisions af this
<br />beed of 7rust even if a prpvision of this Deed of Trust may be found to be invalid or unenforcea6le.
<br />Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of 7rustor's interest, this I]eed of 7rust
<br />shall be binding upon and inure to the benefit of the parties, their successors and assigns. If pwnership pf the Property becames
<br />vested in a perspn other than Trustor, Lender, without nv#ice to 7rustor, may deal with Trustor's successors with r�ference to this
<br />Deed of Trust and the Inde6tedness by way of torbearance or extension withput releasing Trustor from the obligations of this Deed of
<br />Trust or lia6ility under the Indebtedness.
<br />Time is of the Essence. Time is pf the essence in the performance of this Deed of Trust.
<br />Waiver of Homestead Exemption. 7rustor hereby releases and waives all rights and benefits of the homestead exemption laws of the
<br />State of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br />DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust:
<br />Beneficiary. The word "Beneficiary" means Five Points Bank, and its successors and essigns.
<br />_... �-
<br />__�::._ __.. _ ; _.. --- -
<br />--. �_.__.�__..._ _ . _. _. .
<br />�"'�''�'�""�'�erower. �"F"s wor orrower" means t0b US �S�CL and SHELLY R RUSSELL and includes all co-signers and co-makers signing
<br />the Note and all their successors and assigns.
<br />Deed of Trust. The wprds "Deed of Trust" mean this Deed af Trust ampng Trustor, Lender, and Trusiee, and includes withput
<br />limitation all assignment and security interest provisions relating to the Persvnal Praperty and Rents.
<br />Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances
<br />relating to the protection pf human health or the environment, including without limitation the Comprehensive Enuironmental
<br />Resppnse, Compensation, and Liability Act of 198p, as amended, 42 U.S.C. Section 9fi01, et seq. ("CERCLA"�, the Superfund
<br />Amendments and Reauthorization Act of 1986, Pu6. L. No. 99-499 ("SARA"►, the Hazardnus Materials Transportativn Act, �39 U.S.C.
<br />Section 1801, et seq., the Resource Conservation and Recovary Act, 42 U.S.C. Sectipn 6901, et seq., pr o#her applicable state or
<br />federal laws, rules, or regulations adopted pursuant thereto,
<br />Event of Default. The words "Event of Default" mean any of the events of default set forth in this Deed of Trust in the events of
<br />default sectian af this peed af Trust.
<br />Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens provision of this
<br />Deed of Trust.
<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 environment
<br />when improperly used, treated, stared, disposed of, generated, manufactured, transported or otherwise handled. The words
<br />"Hazardpus Su6stances" are used in their very brpadest sense and include without limitation any and all hazardous or #pxic
<br />su6stances, materials or waste as defined by pr listed under the Environmental Laws. The term "Wazardous Substances" also
<br />
|