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Loan No: 101244292
<br />DEED OF TRUST � 0� 10 6 2� 6
<br />(Continued)
<br />Page 9
<br />Amendmerrts. This Deed of Trust, together with any Releted Documents, constitutes the entire understanding and
<br />agreement of the parties as to the matters set forth in this Deed of Trust. No alteration of or amendment to this
<br />Deed of Trust shall be effective unless given in writing end signed by the perty or perties sought to be cherged or
<br />bound by the alteration or emendment.
<br />Annual Reports. If the Property is used for purposes other than Trustor's residence, Trustor shall furnish to
<br />Lender, upon request, a certified statement of net operet(ng income received from the Property during Trustor's
<br />previous fiscel year in such form and detail es Lender shell require. "Net operating income" shell mean all cesh
<br />receipts from the Property less all cash expenditures made in connection with the operation of the Property.
<br />Captlon Headings. Captlon headings in this Deed of Trust are for convenience purposes only and are not to be
<br />used to interpret or deflne the provisions of this Deed of Trust.
<br />Mergar. There shall be no merger of the interest or estate created by this Deed of Trust with eny other interest or
<br />estete in the Property at any time held by or for the benefit of Lender in any cepacity, 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 Nebraska without regard to its conflicts of law provisions. This
<br />Deed of Trust hes been accepted by Lender in the State of Nebraska.
<br />Cholce of Venue. If there is a lawsuit, Trustor egrees upon Lender's request to submft to the jurisdiction of the
<br />courts of Hall County, State of Nebraske.
<br />Joint end Several Liabtlity. All obUgations of Borrower and Trustor under this Deed of Trust shall be joint and
<br />severel, end all references to Trustor shall mean each end every Trustor, end all references to Borrower shell mean
<br />each and every Borrower. This means that each Trustor signing below is responsible for all obligetions in this Deed
<br />of Trust. Where eny one or more of the perties Is e corporatlon, partnership, Iimited Uability company or similer
<br />entity, it is not necessary for Lender to inquire into the powers of any of the officers, directors, partners, members,
<br />or other agents acting or purporting to act on the entity's behalf, end eny obligations made or created in reliance
<br />upon the professed exercise of such powers shall be guarenteed under this Deed of Trust.
<br />No Waiver by Lender. Lender shall not be deemed to heve waived any rights under this Deed of Trust unless such
<br />waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right
<br />shell operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust
<br />shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict campUance with that
<br />provision or any other provision of this Deed of Trust. No prior weiver by Lender, nor eny course of dealing
<br />between Lender and Trustor, shall constitute e waiver of any of Lender's righta or of eny of Trustor's obligations
<br />as to any future transactions. Whenever the consent of Lendar is raquired under this Deed of Trust, the granting
<br />of such consent by Lender in eny instance shall not constitute continuing consent to subsequent instances where
<br />such consent is required and in all ceses such consent may be granted or withheld in the sole discretion of Lender.
<br />Severebility. If a court of competent jurisdiction finds any provision 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, invafld, or
<br />unenforceable as to any other circumstence. If feasible, the offending provision shall be considered modified so
<br />that it becomes legal, valid and enforceable. If the offending provision cannot be so modifled, it shall be
<br />considered deleted ftom this Deed of Trust. Unless otherwise requlred by lew, the illegelity, invalidity, or
<br />unenforceability of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of any
<br />other provision of this Deed of Trust.
<br />Successors and Assigns. Subject to any limitetions stated in this Deed of Trust on transfer of Trustor's interest,
<br />this Deed of Trust shell be binding upon and inure to the beneflt of the perties, their successors and assigns. If
<br />ownership of 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 forbearence or
<br />eutension without releasing Trustor from the obligations of this Deed of Trust or liability under the Indebtedness.
<br />Tima is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br />Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead
<br />exemption laws of the State of Nebraska as to all Indebtadness secured by this Deed of Trust.
<br />DEFINITIONS. The following capitalized words end terms shall have the following meanings when used in this Deed of
<br />Trust. Unless specificelly stated to the contrary, all references to dollar amounts shall mean amounts in lawful money
<br />of the United States of America. Words and terms used in the singular shall include the plural, and the plurel shell
<br />include the singular, as the context mey require. Words and terms not otherwise defined in this Deed of Trust shall
<br />have the meanings attributed to such terms in the Uniform Commercisl Code:
<br />Beneficiary. The word "Beneficfery" means Five Points Bank, and its successors and essigns.
<br />Borrower. The word "Borrower" means LANE HOME IMPROVEMENTS & CONSTRUCTION LLC and LANE B
<br />LEISINGER end includes all co-signers and co-makers signing the Note end 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 />includes without limitetion all essignment and security interest provisions relating to the Personel Property end
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