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<br />DE Con�t nued)ST `� 0110 4 9 6 5 page 6
<br />copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shell be sent to Lender's address, as
<br />shown near the beginning of this Deed of Trust. Any party mey change its address for notices under this Deed of Trust by giving formel
<br />written notice to the other parties, specifying that the purpose of the notica is to change the party's address. For notice purposes, Trustor
<br />agrees to keep Lender informed at 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 4ender to any Trustor is deemed to be notice given to all Trustors.
<br />MISCEL�.ANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />Amendmants. 7his 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 shaii be effective unless
<br />given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment.
<br />Annual Reports. If the Property is used for purposes other than Trustor's residence, Trustor shail furnish to Lender, upon request, a
<br />certified statement of net operating income racaivad from the Property during Trustor's previous fiscal year in such form and detail as
<br />Lender shall require. "Net operating income" shail mean all cash reaeipts from the Property less ell cash expenditures made in
<br />co�nection 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 no merger of the interest or estate creatad 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 cepacity, without the written consent of Lender.
<br />Governing Law. This Deed of Trust w111 be governed by federal law applicable to 4ender and, to the extent not preampted by federel
<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 />Lender in the State of Nebraska.
<br />Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the }urisdiction of the courts of Hali County,
<br />State of iJebraska.
<br />Joint and Several Liability. All obligations of Borrower and Trustor under this Deed of Trust shall be joint and several, and aIl
<br />references to Trustor shall mean each and every Trustor, and all references to Borrower shall mean each and every Borrower. This
<br />_ means that eech Trustor signing below is responsible for all obligations in this Deed of Trust. Whara any one ar more of the parties is
<br />— a corporation, partnership, iimited liability company or similar entity, it is not necessary for Lender to inquire into the powers of any of
<br />the officers, directors, partners, members, o� othar agents acting or purporting to act on the entity's behalf, and any obligations made
<br />or created in reliance upon the professed exercise of such powers shall be guaranteed under this Deed af Trust.
<br />No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such weiver is given in
<br />writing end signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such
<br />right or any other right. A waiver by Lendar of a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's
<br />right otherwise to demand strict complience with that provision or eny other provision of this Deed of Trust. No prior waiver by
<br />Lender, nor any course of dsaling betwean Lender and Trustor, shall constitute a waiver of any of Lender's rights or of any of
<br />Trustor'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 consent mey be granted or withheld in the sole discretion of Lender,
<br />Severability. If a court of campatant jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or unenforceable as to
<br />any circumstance, that finding shall not make tha offending provision illegel, invalid, or unenforceeble as to any other circumstance. If
<br />feasible, the offending provision shal� be considered modified so that it becomes legal, valid and enforceable. If the offending
<br />provision cannot be so modified, it shall ba considered deleted from this Deed of Trust. Unless otherwise required by law, the
<br />illegality, invalidity, or unenforceability of any provision of this Dead of Trust shall not affect the legality, validity or enforceability of
<br />any other provision of this Deed of Trust.
<br />Successors and Assigns. Subject to any limitations stated in this Deed of Trust on trensfer of Trustor's interest, this Deed of Trust
<br />shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes
<br />vested in a person other than Trustor, Lender, without notice to Trustar, may deal with Trustor's successors with raferance 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 />Time is of the Essence. Time is of the essence in the performance af this Deed of Trust.
<br />Waive Jury. All parties to this Deed of Trust hereby watve tha right to any jury triel in any action, proceeding, or counterclaim brought
<br />by eny party against any other party.
<br />Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead exemption laws of the
<br />State of Nebraska as to all Indebtednass sacured by this Deed of Trust,
<br />DEFINITIONS. 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 shafl 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. 7he word "Beneficiary" means GREAT WESTERN BANK, and its successors and assigns.
<br />Borrower. The word "Borrower" means Chloe Aguilar and includes all co-signers and co-makers signing the Note and ell their
<br />successors and assigns.
<br />Dead of Trust. The words "Deed 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" maens the Default set forth in this Deed of Trust in the section titled "Default".
<br />Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances
<br />relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental
<br />Response, Compensation, and Liability Act ot 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, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq„ or pther applicable state or
<br />faderel lews, rules, or regulations adopted pursuant thereto.
<br />Event of Default. The words "Event of Default" mean eny of the events of default set forth in this Deed of Trust in the events of
<br />default section of this Deed of Trust.
<br />Guarantor. The word "Guarantor" means any guarantor, surety, o� accommodation perty of any or all of the Indebtedness.
<br />Guaranty. The word "Guaranty" means the guaranty from Guerento� to Lender, including without limitation a guarenty of all or part of
<br />the Note.
<br />Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or
<br />physical, chemicel or infectious cheracteristics, may cause or pose a present or potentiel hazard to human health or the environment
<br />when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words
<br />"Hazardous Substances° are used in their very broadest sense and include without limitation any and all hazardous or toxic
<br />substances, materials or waste as definad 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 end future improvements, buildings, structures, mobile homes effixed on
<br />the Real Property, facilities, additions, replacements and other construction on the Real Property.
<br />Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, cosis and expenses payable under the Note
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