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DEED OF TRUST � O � � O � � � �
<br />(Continued) Page 6
<br />required by law), 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 the beginning of this Deed of Trust. All
<br />copies of notices of foreclosure from the holder of any lien which has prioriry over this Deed of Trust shall be sent to Lender's address, as
<br />shown near the bsginning of this Deed of Trust. Any party 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 add�ess. For notice purposes, Trustor
<br />agrees to keep Lender informed at all t(mes of Trustor's current address, Uniess otherwise provided or required by law, if there is more
<br />than one Trustor, any notice glven by Lender to any Trustor is deemed to be notice given ta all Trustors.
<br />MISCELUINEOUS PROVISIONS. The following miscellaneous prov(sions are a Qart of this Deed of Trust:
<br />Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreemant of the
<br />parties as to the matters set forth fn this Deed of Trust. No alteration of or amendment to this Deed of 7rust shall be effective unless
<br />given in writing and s[gned by the party or parties sought to be charged or bound by the alteratfon or amendment.
<br />Annual Reports. If the Property is used for purposes other than Trustor's residence, Trustor shall fumish to Lender, upon request, a
<br />certifled statement of net operating income received from the Property during Trustor's prevfous fiscal year in such form and detail as
<br />Lender shall require. "Met operating income" shall mean all cash recelpts from the Property less all cash expenditures made in
<br />connection 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 created by this Deed of Trust with any other fnterest 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 />Goveming Law. This Deed of Trust wtll be govemed by federal law appiicabla to Lender and, to tha extent not preempted by federal
<br />law, the laws of the State of Nebraska without regard to ks conflicts of law provislons. 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 Jurisdiction of the c�urts of Hall County,
<br />State of Nebraska.
<br />Joirit and Several Liability. All obligaUons of BoROwer and Trustor under this Deed of Trust shall be Joint and several, and all
<br />references to Trustor shall mean each and every Trustor, and all references to Borrower shaN mean eaoh and every Borrower. This
<br />means that each Trustor signing below is responsible for all obligations in this Deed of Trust.
<br />No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given in
<br />writing and signed by Lendar. 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 Lender of a provision of this Deed of Trust shall not prejudice or constitute a waive� of Lende�'s
<br />right otherwise ta demand strici compliance with that provision or any other provision of this Deed of Trust. No prior waiver by
<br />Lender, nor any course of dealing between Lender and Trustor, shall constituta a waiver of any of Lender's rights or of any af
<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 ln any instance shall not constitute continuing consent to subsequent instances where such consent fs
<br />required and in all cases such consent may be granted or withheld in the sole discretfon of Lender.
<br />Severability. If a court of competent Jurtsdiction flnds any provision of this Deed of 7rust to be illegal, invalid, or unenforceable as to
<br />any person or circumstance, that finding shali not make the offending provision illegal, (nvalid, or unenforceable as to any other person
<br />or circumstance. If feasible, the offending provision shall be considered modlfied so that it becomes lagal, valid and enforceable. If
<br />the offending provision cannot be so modifled, it shall be consfdered deleted from this Deed of Trust. Unless otherwise required by
<br />law, the illegality, invalidity, or unenforceabiiity of any provision of this Deed of Trust shaU not affect the Iegality, vaUdity or
<br />enforceability of any other provision of thls Deed of Trust.
<br />Successors and Asstgns. Subject to any Um(tations 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 parties, their successors and assigns. If ownership of the Property becomes
<br />vested in a person other than Trustor, Lender, without notice to Trustor, may deal with Tn.�stors successors with reference to this
<br />Deed of Tnast 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 perto�mance of this Dead of Trust.
<br />Waive Jury. All partfes to this Deed of Trust hereby walve the right to any Jury tMal In any actio�, proceeding, or counterc{aim brought
<br />by any party against any other party.
<br />Wafver 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 Indebtedness secured by this Deed of Trust.
<br />DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this D�ed of Trust. Unless
<br />specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money ot the United States of America.
<br />Words and terms used in the s(ngular shall include the plural, and the plurel 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 />Beneflcfary. The word "Beneflclary" means GREAT WESTERN BANK, and its successors and assigns.
<br />Borrower. The word "Borrower" means D& S Rainforth, L.L.C.; 5tephan L Rainforth; Janet L Rainforth; and Douglas W Rafnforth and
<br />includes all co-signers and co-makers signing the (dote and all their successors and assigns.
<br />Deed of Trust. The words "Qeed 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 "DefaulY' means the Default set forth in this Deed of Trust in the section titled "Default".
<br />Environmental �aws. The words "Environmental Laws" mean any and all state, federal and Iocal statutes, regulations and ordinances
<br />relating to the protection of human health or the environment, fncluding 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 Supertund
<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 other epplicable state or
<br />federal laws, rules, 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 the events of
<br />default section of this Deed of Trust.
<br />Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens provis(on of this
<br />Deed of Trust.
<br />Guaranty. The word "Guaranry" means the guaranry from guarantor, endorser, surety, or accommodation party to Lender, including
<br />without Ifmitation a guaranty of all or part of the Note.
<br />Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentratlon 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, 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 tox(c
<br />substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also
<br />includes, without limftation, petroleum and petroleum by-products or any fractfon thereof and asbestos.
<br />Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed 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, costs and expenses payable under the Note
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