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DEED OF TRUST <br />Page 7 <br />formal written notice to the other person or persons, specifying that the purpose of the notice is to change the person's address. For <br />notice purposes, Trustor agrees to keep Lender informed at all times of Trustors current address. Unless otherwise provided or required <br />by law, if there is more than one Trustor, any notice given by Lender to any Trustor is deemed to be notice given to all Trustors. It will be <br />Trustor's responsibility to tell the others of the notice from Lender. <br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are apart of this Deed of Trust: <br />Amendments. What is written in this Deed of Trust and in the Related Documents is Tmstor'e entire agreement with Lender <br />concerning the matters covered by this Deed nfTrust. Tobe effective, any change or amendment to this Deed of Trust must bain <br />writing and must be signed by whoever will be bound or obligated by the change or 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 ofTrust, <br />Merger. There shall be no merger of the interest or enosb» 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 of Trust will be governed by federal law applicable to Lender and, to the extent not preempted by federal <br />law, the |ovs of the State of Nebraska without regard to its conflicts of |av, provisions. This Deed of Trust has been accepted by <br />Lender in the State mNebraska. <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 Trustoc This means that each Trustor signing below is responsible for all obligations in this Deed of Trust. <br />Nu Waiver uy Lender. Trustor understands Lender will not give up any of Lender's rights under this Deed of Trust unless Lender does <br />aoin writing. The fact that Lender delays or omits to exercise any right will not mean that Lender has given up that right. If Lender <br />does agree in writing to give up one of Lender's rights, that does not mean Trustor will not have to comply with the other provisions <br />of this Deed of Trust. Tiustor also understands that if Lender does consent to o mqueo1, that dues not mean that Tiustorwi|| not <br />have to get Lenders consent again if the situation happens again. Tmstor further understands that just because Lender consents to <br />one or more of Trustors requests, that does not mean Lender will be required to consent to any of Trustors future requests. Trustor <br />waives presentment, demand for payment, protest, and notice ofdishonor. <br />SevemmbUhy. If o court finds that any provision of this Deed of Trust is not valid or should not be enfbrced, that fact by itself will not <br />mean that the rest of this Deed of Trust will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this <br />Deed of Trust even ifu provision of this Deed of Trust moybefuundtoboinvo|idnrunenfunmob|e. <br />Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor's interest, this Deed of Trust <br />shall be binding upon and inure to the benefit of the parbeo, their nucoeeoono and assigns. If ownership of the Property becomes <br />vested in a person other than Tmstor, Lender, without notice toTmstor, may deal with Tiustore successors with reference &nthis <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 />Time ioof the Essence. Time ieof the essence in the performance of this Deed ofTrust. <br />Waiver cf Homestead Exemption. T hereby releases ondwmiweaaUhghtaandbenefitsofthehnmenteodexompiion|owsofthe <br />State of Nebraska oebo all Indebtedness secured by this Deed ofTrust. <br />DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust: <br />Beneficiary. The word ^Benoficiary^ means BANK 0F THE WEST, and its successors and assigns. <br />Borrower. The word "Borrower" means JAMES W CRAMER and COLLEEN L CRAMER and includes all co-signers and co-makers <br />signing the Note and all their successors and assigns. <br />Deed of Trust. The words "Deed of Trust" moon this Deed of Trust among Tmstor, Lender, and Tmotee, and includes without <br />limitation all assignment and security interest provisions relating to the Personal Property and Rents. <br />Environmental Laws. The words "Environmental Lawo" mean any and all me$a, federal and local statutes, regulations and ordinances <br />relating to the protection of human hao|Lh or 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"), the Superfund <br />Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. <br />Section 1801, at seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or <br />federal laws, rules, or regulations adopted pursuant thereto. <br />Event of Default. The words "Event of Default" moon any of the ovomo of default set forth in this Dead of Trust in the events of <br />default section of this Deed ofTrust. <br />Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens provision ofthis <br />Deed ofTrust. <br />Guaranty. The word ^Guenynty^ means the guaranty from 8uanynmr, andomer, aumty, or accommodation party to Lender, including <br />without limitation u guaranty cf all or part of the Note. <br />Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or <br />phyoina|, chemical or infectious chonactehetice, may cause or pnma u present or potential hazard to human health or the environment <br />when improperly uond, tnaated, stonad, disposed of, genamted, manufaotumd, transported or otherwise handled. The vvnndo <br />^Mozendoua Substances" one used in their very broadest sense and include without limitation any and all hazardous or toxic <br />substances, materials or waste as defined by or listed under the. Environmental 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 knpmvements, buUdineo, utructuee, mobile homes affixed on <br />