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DEED OF TRUST '�', a 1�„ d"�'7 O 9
<br />Loan No: 10h244688 (Continued) Page 9
<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 has been accepted by Lender in the State of Nebreska.
<br />Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the
<br />courts of Hall County, State of Nebraska.
<br />Joi� and Several Liebility. All obligations ot Trustor under thls Deed ot Trust shaU be joint and several, and all
<br />references to Trustor shall mean each and every Trustor. This means that each Trustor signing below fs
<br />responsible for all obligetions 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
<br />waiver is given In wrlting and signed by Lender. No delay or omission on the part of Lender in exercising any right
<br />shall 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 e weiver of Lender's right otherwise to demand strict compliance with that
<br />provision or eny other provision of this Deed of Trust. No prior weiver by Lender, nor any course of dealing
<br />between Lender and 7rusto�, shall constitute e waiver of eny of Lender's rights or of eny of Trustor's obligations
<br />as to any future transections. Whenever the consent of Lender is required under this Deed of Trust, the granting
<br />of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where
<br />such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender.
<br />Saverability. If e court of competent jurisdiction finds eny provision of this Deed of Trust to be tilegel, invalid, or
<br />unenforceatrle as to any person or circumstance, that flnding shell not make the offending provision illegel, invalid,
<br />or unenforceable as to any other person or circumstance. If feasible, the offending provision shall be considered
<br />modified so that it becomes legal, valid end enforceable. ff the offending provision cannot be so modified, it shall
<br />be considered deleted from this Deed ot Truat. Unless otherwise required by lew, the illegellty, invalfdity, or
<br />unanforceabitity 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 Asstgns. Subject to eny Itmitations stated in this Deed of Trust on transter of Trustor's interest,
<br />this Desd of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If
<br />ownership of the Property becomes vested in a person other then Trustor, Lender, without notice to Trustor, may
<br />deal wiih Trustor's successors with refe�ence to this Deed of 7rust and the Indebiedness by way of forbearance or
<br />extension without releasing Trustor from the obligations of this Deed of Trust or liability under the Indabtedness.
<br />Time is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br />Waiver of Homestead Exemptfon. Trustor hereby releases and weives all rights and benefits of the homestead
<br />exemption lews of the State of Nebreska es to ell Indebtedness secured by thts Deed of Trust.
<br />DEFINITIONS. The following capitalized words and terms shali have the foilowing meanings when used in thfs Deed ot
<br />Trust. Unless specifically steted to the contrary, all references to doller amounts shall mean amounts in lawful money
<br />of the United Stetes of Amer(ca. Words end terms used in the singular shall include the plurel, and the plural shall
<br />include the singular, as the context may require. Words and terms not otherwiae defined in this Deed of Trust shall
<br />have the meanings attributed to such terms in the Uniform Commercial Code:
<br />Beneflciary. The word "Beneficiery" mesns Five Points Bank, and its successors and assigns.
<br />Bonower. The word "Borrower" means DONALD D WILLIAMS and MARY A WILLIAMS and includes all co-signera
<br />and co-mekers signing the Note and ell 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 limitatlon aA asslgnment and security interest provisions relating to the Personal Property and
<br />Rents.
<br />Defauk. The word "Default" means the Default set forth in this Deed of Trust in the section titled "Default".
<br />Environmental Laws. The words "Environmental 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 wiihout
<br />limftation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as emended, 42
<br />U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments end Reauthorization Act of 1986, Pub. L.
<br />No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1809, et seq., the Resource
<br />Conservation and Recovery Act, 42 U.S,C. Section 6901, et seq., or other appliceble state or federal lews, rules,
<br />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
<br />the events of detault section of this Deed of Trust.
<br />Exlsting lndebtedness. 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 guarentor, endorser, surety, or accommodation party to
<br />Lender, including without limttation a gueranty of all or part of the Note.
<br />Flazardous Substa�ces. The words "Hazardous Substances" mean materials that, because of their quantity,
<br />concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hezard
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