|
DE�D OF TRUST 2 Q 1 1 Q Q� 2 J
<br />(Continued) Page 6
<br />shall govem to the exclusion of all other pravisions for substitution.
<br />NOTICES. Any notice required to be given under this Deed of Trust, including withput limitation any notice of default and any nptice of
<br />sale shall be given in writing, and shell be effective when actually delivered, when actually received 6y telefacsimile (unless ptherwise
<br />required by lawl, when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as
<br />first class, certified or registered mail postage prepaid, directed to the addresses shown near th� beginning of this Peed of Trust, All
<br />copies pf notices of fpreclqsure from the holder pf any lien which has priority ov�r this Deed of Trust shall be sent to Lender's address, as
<br />shown near the beginning of this Deed of Trust. Any perty 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. For notiee purposes, Trustor
<br />sgrees to keep Lender informed at all times qf Trustor's current address. Unless otherwise prpvidad or required by law, if there is more
<br />than one 7rustor, any notice given by Lender to any 7rustor is deemed to be notice given to all Trustors,
<br />MISC�LLANEQUS PFtOVISIpNS. The following miscellaneous provisipns are a part of this Deed of 7rust:
<br />Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the
<br />parties as to the mattars set forth in this Daed of Trust. No alteration of pr amendment to this Daed of 7rust shall be effective unless
<br />given in writing and signed by the party or parties sought to 6e charged or bpund by tha alteration or amendment.
<br />Annual Reports. If the Property is used for purposes other than Trustor's residence, Trustor shall furnish to Lender, upan request, a
<br />certified stetement of net nperating income received from the Property during Trustor's previous fiscai year in such form and detail as
<br />Lender shall require. "Net aperating income" shall mean all cash rec�ipts from the Property less all cash expenditures made in
<br />cannection with the oparation of the Property.
<br />Gaption Headings. Caption headings in this Deed of 7rust 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. 7here shall be no merger ot tha interest ar 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 pf Lender.
<br />Governing Law. This Daed of 7rust will �e governed by fedaral law applicable to Lender and, to the extent not preempted by federal
<br />law, the laws of the State nf Nebraska without regard to its conflicts of law provisions. 7his Desd of Trust has baen accepted by
<br />l.ender in the State of Nebraska.
<br />Choice of Venue. If there is a lawsuit, 7rustor agrees upon Lender's request to submit to the jurisdiction pf the courts of Hall County,
<br />State of Nebreska.
<br />Joint and 5everal Lia6ility. All bbligetions of Borrower and 7rustor under this Deed of 7rust shall be jaint and several, and all
<br />references to Trustor shall mean each and every Trustor, and all references to Barrpwer shall mean each and every Borrower. This
<br />means that each Trustor signing below is responsi6le for all obligations in this Deed of 7rust.
<br />Nn Waiver by Lender. Lender shell nnt be deemed to have waiv�d 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 ot Lender in exercising any right shall operate as a waiver of such
<br />right or any other right. A waiver by Lender of a provision of this Deed of Trust shall not prajudice or constitute a waiver of Lender's
<br />right otherwise ta demand strict compliance with that provision or eny other provision of this Deed of Trust. No prior waiver 6y
<br />Lender, nor any course of dealing between Lender and Trustor, shall constitute a waiver of any of Lender's rights nr of any ot
<br />7rustor's obligations as to any future 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 subsequent instances where such consent is
<br />required and in all cases such cansent may be granted or withheld in the sole discretion nf Lender.
<br />Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, ar unenforceable as to
<br />any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If
<br />feasible, the offending pravisipn shall 6e cansidered madified so that it becomes legal, valid and enforceable. If the offending
<br />provision cannnt 6e so modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the
<br />illegality, invalidity, or unenforceability of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of
<br />any other provision of this Peed of Trust.
<br />Successars and Assigns. Subject to any limitations stated in this �eed of Trust on transfer of Trustor's interest, this Deed af Trust
<br />shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the praperty becomes
<br />vested in a persbn other than Trustor, Lender, without notice tp Trustor, may deal with Trustor's successors with reference to this
<br />Deed of Trust and [he Indebtedness by way of forbearance or extension without rel�asing 7rustar from the obligations of this Deed of
<br />Trust or liability under the Indebtedness.
<br />Time is of the Essence. Time is of the essence in the performance of this Daed of Trust.
<br />Waive Jury. All parties to this Deed of Trust hereby waive the right to any jury trial in any action, proceeding, qr caunterclaim brought
<br />by any psrty against any other party.
<br />Waiver of Homestead Exemption. Trustpr hereby releases and waives all rights and benefits of the hbmestead exemption laws of the
<br />State of Nebraska as to all Inde6tedness secured by this D�ed of Trust.
<br />DEFINITIONS. The fnllowing capitalized words and tarms shall have the follawing meanings when used in this Deed of Trust. Unless
<br />specifically steted to the contrary, all references ta dollar amounts shall mean amounts in lawful money of the United States of America.
<br />Wards 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 heve the meanings attributed to such terms in the Uniform Commercial Code:
<br />Beneficiary. The word "Beneficiary" means GREAT WESTERN BANK, and its successors and assigns.
<br />Borrower. The word "6orrower" means Tommy L Ummel Sr and includes all co-signers and co-makers signing the Note and all their
<br />successors and assigns.
<br />Deed of Trust. The words "�eed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and includes without
<br />limitation all assignment and security interest provisions 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 Laws. 7he words '"�nvirpnmental Laws" mean any and all state, federal and local statutes, regulations and ordinances
<br />relating to the protection of humen health or the environment, including withouC limitation the Comprehensive Envirpnmental
<br />Response, Compensation, and Liability Act of 1980�. as.. am.e.ndad,. 42 U.S.C. 5ection 9fi01, et seq. ("CERCLA"1, the Superfund
<br />Amendments and Reauthnrixation Act nf 1986, Pub. L No. 99-499 ("SARA"�, the Mazardous Materials Transpnrtation Act, 49 U.S.C.
<br />Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., pr other applicable state or
<br />federal laws, rules, or regulations adopted pursuant thereto.
<br />Event of pefault. The words "Event of Default" mean any of the events pf default set forth in this Deed of Trust in the events of
<br />default section of this Deed of Trust.
<br />Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party tn Lender, including
<br />without limitation a guaranty of all or part of the Note.
<br />Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, cancentracion 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, stvred, disppsed of, generated, manufactured, transportad pr otherwise handled. The words
<br />"Hazardous 5ubstances" are used in their very broadest sense and include withnut limitation any and all hazardaus ar toxic
<br />substances, materials or waste as defined by or listed under the �nvironmental Laws. The term "Hazardous Substances" also
<br />includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos.
<br />Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes effixed on
<br />the Real Proparty, facilities, additions, replacements and other construction on the Real Property.
<br />
|