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� � DEED OF TRUST
<br />Loan No: 101244295 � (COntlnued) � o �� 0 e C S o Page 9
<br />V iJ
<br />responsible for all obligetions in this Deed of Trust.
<br />No Waiver by Lender. Lender shell not be deemed to have weived any rights under this Deed of Trust unless such
<br />weiver 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 e 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 e waiver of Lender's right othervvise to demand strict compliance with thet
<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 eny of Lender's rights or of any of Trustor's obligations
<br />as to eny future transactions. Wheneve� the consent of Lender is required under this Deed of Trust, the grenting
<br />of such consent by Lender in any instance shalt not constitute continuing consent to subsequent instences where
<br />such consent is required and In all cases such consent may be grented or withheld in the sole discretion of Lender.
<br />Severebillty. If a court af competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or
<br />unenforceable as to any person or circumstance, that finding shall not make the offending p�ovision illegal, invalid,
<br />or unenforceable es to any other person or circumstence. If feasible, the offending provision shell be considered
<br />modtfied so that it becomes legel, valid and enforceable. If the offending provision cannot be so modified, it shall
<br />be considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or
<br />unenforceability of eny provision of this Deed of Trust shell not affect the legality, validity or enforceability of any
<br />other provision of thls Deed of Trust.
<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 partiea, their successors and asslgna. If
<br />ownership of the Property becomes vested in e 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 ExempUon. Trustor hereby releases and waives all rights and benefits of the homestead
<br />exemption laws of the State of Nebreske es to all Indebtedness secured by this Deed of Trust.
<br />DEFINITIONS. The following capltalized words end terms shall have the following meanings when used in this Deed of
<br />Trust. Unless specifically steted to the contrery, all references to dollar emounts shall mean amounts in lewful money
<br />of the United States of America. Words and terms used in the singular shell include the plural, end the plurel shall
<br />include the singular, as the context mey require. Words and terms not otherwise defined in this Deed of Trust shall
<br />heve the meanings attributed to such terms in the Uniform Commercial Code:
<br />Beneficiary. The word "Beneficiary" means Five Points Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means GARY A UMMEL and ESTEL R UMMEL and includes all co-signers and
<br />co-makers signing the Note and all their successors end 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 Personal Property and
<br />Rents. .
<br />Default. The word "Default" means the Default set forth in this Deed of Trust in the section titled "Defeult",
<br />Environmerrtal Laws. The words "Environmentel Laws" mean any and all stete, federal and local statutes,
<br />regulations and ordinances relating to the protection of human health or the environment, including without
<br />limitation the Comprehensive Environmental Response, Compensatlon, end Liability Act of 1980, as amended, 42
<br />U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorizetion Act of 1986, Pub. L.
<br />No. 99-499 ("SARA"), the Hezardous Materials Trensportation Act, 49 U.S.C. Saction 1801, et seq., the Resource
<br />Conservation end Recovery Act, 42 U.S.C. Section 6901, et seq., or other appltcable state or federal laws, rules,
<br />or regulations adopted pursuant thereto.
<br />Event of Defeuk. The words "Event of Defeult" mean any of the events of default set forth in this Deed of Trust fn
<br />the events of default sectfon of this Deed of Trust.
<br />Existing Indebtednass. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens
<br />provision of this Deed of Trust.
<br />Guaranty. The word "Guaranty" means the guaranty from guerantor, endorser, surety, or accommodetion party to
<br />Lender, including without limitation e guaranty of all or part of the Note.
<br />Hazardous Substances. The words "Hszerdous Substances" mean materials that, because of their quentity,
<br />concentration or physical, chemical or infectious characteristics, may cause or pose e present or potentiel hazard
<br />to human health or the environment when improperly used, treated, atored, disposed of, generated, manufactured,
<br />transported or otherwise handled. The words "Hezerdous Substances" are used in their very broadest sense and
<br />include without limitation any and ell hazardous or toxic substences, materials or weste as defined by or listed
<br />under the Environmental Laws. The term "Hezardous Substances" also includes, without limitetion, petroleum and
<br />petroleum by-products or any irection thereof and asbestos.
<br />Improvements. The word "Improvements" means all existing and future improvements, buildings, structures,
<br />mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real
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