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DEED OF TRUST � Q,�, �, O� 3`� �, Loan No; 101245669 (Continued) page g Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the courts of HALL County, Stete of Nebraska. 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 writing and signed by Lender. No delay or omission on the pert of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a weiver of Lander's right otherwise to demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing between Lender and Trustor, shall constitute a waiver of any of Lender's rights or of any of Trustor's obligations as to any future transactions. Whenever the consent of Lender is required under this Desd of Trust, the granting of such consent by Lender in eny instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheid in the sole discretion of Lender. Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, inva(id, or unenforceable as to any circumstance, that tinding shall not make the oftending provision illegal, invalid, or unenforceable as to any other circumstance. If feasibie, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Deed of Trust. Unless oYherwlse required by law, the illegality, invalidity, or unenforceability of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of any other provision of this Deed of Trust. Successors and Assigns, Subject to any fimitations stated in this Deed of Trust on transfer of Trustor's interest, this Deed of TrusY shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person other then Trustor, Lender, without notice to Trustor, may deaf with Trustor's successors with reference to this Deed of Trust and the Irtdebtedness by way of forbearance or extension without releasing Trustor from the obligations of this Deed of Trust or liability under the Indebtedness. Time is of the Essence. Time is of the essence in the performence of this Deed of Trust. Waiver of Homestead Exempt9on. Trustor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of Nebraske as to all Indebtedness secured by this Deed of Trust. DEFINITIOIVS. The fotlowing capitalized wards and terms shall have the folfowing meanings when used In this Deed of Trust. Unless specitica!!y stated to the contrary, all references to dollar emounts shall mea� amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code: Beneficlary. The word "Beneficiary" means Five Points Bank, and its successors and assigns. Borrower. The word "Borrower" means JIM BUCK and includes all co-signers and co-makers signing the Note and all their successors and assigns. Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among,Trustar, Lender, and Trustee, and includes without limitation all assignment and security interest provisions relating to the Personal Property and Rents. Default. The word "Default" means the Dafault set forth in this Deed of Trust in the section titled "Default". Environmental Laws. The words "Environmentel Laws" mean eny and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including wifihout limitation Yhe Comprehensive Environmantal Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9607, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"1, the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. 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 detault section of this Deed of Trust. Guaranty. The word "Guaranty" means the guaranty trom guarentor, endarser, surety, or accommodation party to Lender, including without Iimitation a guaranty of all ar part of the Note. Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physica(, cf�emicef or infectious characteristics, may cause or pose a present or potentfal hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and inc(ude without limitation any and all hazardous or toxic substances, materials or wasta as detined by or listed under the Environmental L.aws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes atfixed on the Real Property, tacilities, addiYions, replacements and other construction on the Real Property.