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� e DEED OF TRUST � O�. �. O� 5��
<br />Loan No: �101243242 ' " (Continued) Page 9
<br />used to interpret or deflne the provisions of this Deed of Trust.
<br />Merger. There shall be no merger of the interest or estete 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 any capacity, without the written consent
<br />of Lender.
<br />Goveming Law. This Deed of Trust will be govemed by tedsral law appllcable to Lendar and, to the exterrt not
<br />preempted by federal law, the laws of the State of Nebraska without regard to its conflic�b of law prov(sions. Thls
<br />Deed of Trust has been accepted by Lender in the State of Nebraska.
<br />Choice of Venue. If the�e is a lewsuit, Trustor agrees upon Lender's request to submit to the jurfsdiction of the
<br />courts of Hall County, State of Nebraska.
<br />No Waiver by Lender. Lender shall not be deemed to have weived eny rights under this Deed of Trust unless such
<br />waiver is given in writing end signed by Lender. No delay or omission on the pert of Lender in exercising any right
<br />shall operate as a waiver of such right or eny other right. A waiver by Lender of a provision ot this Deed of Trust
<br />shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that
<br />provision or any other provision of this Deed of Trust. No prior weiver by Lender, nor any course of dealing
<br />between Lender and Trustor, shall constitute a waiver of any of Lender's rights or of any of Trustor's obligations
<br />es 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 instence shall not constitute continuing consent to subsequent instances where
<br />such consent is required and in al! cases such consent may be granted or withheld in the sole discretion of Lender,
<br />Severab(Iity. If a court ot compatent jurisdictlon finds eny provlslon of this Deed of Trust to be illegal, invalid, or
<br />unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invelid, or
<br />unenforceable es to any other circumstance. (f feastbie, the offending provision shall be considered moditied so
<br />that it becomes legal, valld and enforceable. If the offending p�ovision cannot be so modified, it shall be
<br />considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or
<br />unenforceabifity of�any proviston of this Deed of Trust shatl not affect the legality, validlty or enforceabillty of any
<br />other provlsion of this Deed of Trust.
<br />Successors and Asstgns. 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 end assigns. If
<br />ownership of the Property becomes vested irt e person other than Trustor, Lender, wlthout notice to Trustor, may
<br />deal with Trustor's successors with reference to this Deed of Trust and the Indebtedness by wey of forbearance or
<br />extension without releasing Trustor from the obligetions of this Deed of Trust or (iability under the Indebtedness.
<br />Time is of the Essence. Time is of the essence in the performence of this Deed of Trust.
<br />Waiver of Homestead Exemptlon. Trustor hereby releasas and waives all rights and beneHts of the homestead
<br />exemption laws of the State ot Idebraska as to all Indebtedness secured by this Deed of Trust.
<br />DEFINRIONS. The following capitatized words and terms shall have the following meanings when used in this Deed of
<br />Trust. Unless speciflcally stated to the contrery, ell references to dollar amounts shall mean amounts in lawful money
<br />of the United Stetes of America. Words and terms used in the singutar aha!! include the plural, and the plural shall
<br />include the singular, as the content may require. Words and terms not otherwise defined in this Deed of Trust shall
<br />heve the meanings attribufied to such terms in the Uniform Commercial Code:
<br />Beneflciary. The word "Beneficiery" means Five Points Bank, end its successors and assigns.
<br />Borrower. The word "Borrower" means BRADLEY D PETERSEN and includes elf co-signers and co-makers signing
<br />the Note and all their successors and assigns.
<br />Deed ot Trust. The words "Deed of Trust" meen this Deed of Trust among Trustor, Lender, end Trustee, and
<br />includes without limitation all assignment and security fnterest provisions relating to the Personal Property and
<br />Rents.
<br />Default. The word "Default" means the Deteult set forth in this Deed ot Trust in the section tiiled "Defeult".
<br />EnvironmeMal Laws. The words °Environmental Laws" mean any and all state, federal and local statutes,
<br />reguletions and ordinances relating to the protection of human health or the environment, including without
<br />limitation the Comprehensive Environmentel Response, Compensation, and Liabitity Act of 1980, as amended, 42
<br />U.S.C. Sectlon 8607, et seq. ("CERCLA"?, the Superfund Amendments and Reauthorizetion Act of 1986, Pub. L.
<br />No. 99-499 ("SARA"1, the Hezardous Materials Transportetion Act, 49 U.S.C. Section 1801, et seq., the Resource
<br />Conservation end Recovery Act, 42 U.S.C. Section 6907, et seq., or other applicable state or federel lawa, rulea,
<br />or regulations adopted pursuant thereto.
<br />Event of Default. The words "Event of Defeult" meen any of the events of default set forth in this Deed of Trust in
<br />the events of default aectlon of this Deed of Trust.
<br />F�cisting Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens
<br />provision of this Deed of Trust.
<br />Guaranty. The word "Gueranty" means the guaranty from guarantor, endorser, surety, or eccommodation party to
<br />Lender, including without limitation a guaranty of all or part of the Note.
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