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' DEED OF TRUST 6'
<br />Loan No: 101242936 (Continued) � 0� i Q�j 4�� Page 8
<br />Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be
<br />used to interpret or 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
<br />estate in the Property at any time held by or for the benefit of Lender in eny capacity, without the written consent
<br />of Lender.
<br />Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and, to the extent not
<br />preempted by federal law, the laws of the State of IVebraska without regard to its conflicts of law provtsions. This
<br />Deed of Trust has been accepted by 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 jurisdiction of the
<br />courts of Wall County, State of Nebraska.
<br />Joint and Several Liability. All obligations of Trustor under this Deed of Trust shall be joint and several, and all
<br />references to Trustor shell mean each and every Trustor. This means that each Trustor signing below is
<br />responsible for all obligations in this beed of Trust.
<br />No Waiver by Lender. Trustor understands Lender will not give up any of Lender's rights under this Deed of Trust
<br />unless Lender does so in writing. The fact that Lender delays or omits to exercise any right will not mean thet
<br />Lender has given up that right. If Lender does agrae in writing to give up on� of Lender's right�, tk�at daes not
<br />mean Trustor will nat have to comply with the other provisiot�s of this Deed of Trust. Trustor also understands
<br />that if Lender does consent to a request, that does not mean thet Trustor will not have to get Lender's consent
<br />again if the situation happens egain. Trustor further understends that just because Lender consents to one or more
<br />of Trustor's requests, that does not mean Lender will be required to consent to any of Trustor's future requests.
<br />Trustor 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
<br />fact by itself will not mean that the rest of this Deed of Trust will not be valid or enforced. Therefore, a court will
<br />enforce the rest of the provisions of this Deed of Trust even if a provision of this Deed of Trust may be found to be
<br />invalid or unenforceable.
<br />Successors and Assigns. Subject to any limitations stated in this Deed of Trust on trensfer of Trustor's interest,
<br />this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If
<br />ownership af the Property becomes vested in a person other than Trustor, Lender, without notice to Trustor, may
<br />deal with Trustor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or
<br />extension without releasing Trustor from the obligations of this Deed of Trust or liability under the Indebtedness.
<br />Time is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br />Waiver of Homestead Exemption. Trustor hareby releases end waives all rights and benefits of the homestead
<br />exemption laws of the 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 />Benenciary. The word "Beneficiary" means Five Points Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means DANIEL E NOVINSKI and CAROLE J NOVINSKI and includes aii co-signers
<br />and co-makers signing 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
<br />includas without limitation all assignmerlt and security interest provisions relating to the Personal Property And
<br />Rents.
<br />Environmental Laws. The words "Environmental Laws" mean any and all state, federal end local statutes,
<br />regulations and ordinances relating to the protection of human health or the environment, inciuding without
<br />limitetion the Comprehensive Environmental Response, Compensation, end Liability Act of 1980, as amended, 42
<br />U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amehdments and Reauthorization Act of 1986, Pub. L.
<br />No. 99-499 l"SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource
<br />Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules,
<br />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
<br />the events of default section of this Deed of Trust.
<br />Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens
<br />provision of this Deed of Trust. ,
<br />Hazardous Substances. The words "Hazardous Substances" mean matarials that, because of their quantity,
<br />concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazerd
<br />to human health ar the environment when improperly used, treated, stored, disposed of, generated, rt�anufactured,
<br />transported or otherwise handled. The words "Wazardous Substances" are used in their very broadest sense and
<br />include without limitation any and all hazardous or toxic substances, meterials or weste as defined by or listed
<br />under the Environmental Laws. The term "Wazardous Substances" aiso includes, without limitetion, petroleum and
<br />petroleum by-products or any fraction thereof and asbestos.
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