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DEED OF TRUST r
<br />Loan No: 101247016 ' (Continued) � o� 110 �/ I�t1 Page 9
<br />preempted by federal law, tha laws of the State of Nebraska wlthout regard to its con�flicts of law prov(s(ons. This
<br />Deed of Trust has been accepted by Lender in the State of Nebraske. ;
<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 />No Waiver by Lender. Lender shell not be deemed to have waived any rights under tF�is Deed of Trust unless such
<br />waiver is given in writing and signed by Lender. No delay or omission on the part of ILender in exercising any right
<br />shall operate as a weiver 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 otherwise to demend strict compliance with that
<br />provision or eny other provision of this Deed of Trust. No prior waiver by Lende , nor any course of dealing
<br />between Lender and Trustor, shall constitute a waiver of any of Lender's rights or o eny of Trustor's obligetions
<br />as to any future transactions. Whenever the consent of Lender is required under thi 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 tre sole discretion of Lender.
<br />SaverabilFty. If a court of competent jurisdiction finds any provision of this Deed of I rust to be illagal, invelid, or
<br />unenforceable as to eny circumstance, that finding shall not meke the offending provision illegel, invalid, or
<br />unenforceable as to any other circumstance. If feasible, the offending provision shalll be considered modified so
<br />that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shell be
<br />constdered deleted from this Deed of Trust. Unteas otherwise required by law,l the illegelity, invalidity, or
<br />unenforceability of any provision of this Deed of Trust shall not effect the legelity, ve�idity or enforceability of any
<br />other provision of this Deed of Trust. ;
<br />Successors and Assigns. Subject to any limitations stated in this Deed of Trust on tranafer of Trustor's interest,
<br />this Deed of Trust shall be binding upon end inure to the benefit of the parties, thein successors and assigns. If
<br />ownership of the Property becomes vested fn e person other than Trustor, Lender, w�hout notice to Trustor, mey
<br />deal with Trustor's successors with reference to this Deed of Trust and the Indebtedn ss by way of forbearance or
<br />extension without releasing Trustor from the obligations of this Deed of Trust or Ifabili 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 Exemption. Trustor hereby releases and weives all rights an�l benefits of the homestead
<br />exemption laws of the State of Nebraske as to all Indebtedness secured by this Deed df Trust.
<br />DEFINITIONS. The following capitalized words and terms shall heve 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 singuler shall include th� plurel, and the plural shall
<br />include the singular, as the context may require. Words and terms not otherwise define in this Deed of Trust shall
<br />have the meanings attributed to such terms in the Uniform Commercial Code:
<br />Baneficiary. The word "Beneficiary" means Five Points Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means JOSE A REYES and includes ell co-signers an�l co-makers signing the Note
<br />and all their successors and assigns. I
<br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and
<br />includes wlthout limitation all assignment and security interest provisions relating to the Personel Property and
<br />Rents.
<br />Default. The word "Default" means the Defeult set forth in this Deed of Trust in the s�ction titled "Default".
<br />EnvironmeMal Laws. The words "Environmental Laws" mean any and all stete,' federal end locel stetutes,
<br />regutations and ordinences relating to the protection of human health or the environment, including without
<br />limitation the Comprehensive Environmental Response, Compensetion, and Liability A t of 1980, as emended, 42
<br />U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reeuthor�zat(on Act of 1986, Pub. L.
<br />No. 99-499 ("SARA"1, the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource
<br />Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules,
<br />or regulations adopted pursuant thereto.
<br />Everrt of Default. The words "Event of Default" mean any of the events of defeult set forth in this Deed of Trust in
<br />the events of default section of this Deed of Trust.
<br />Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens
<br />provision of this Deed of Trust.
<br />Guaranty. The word "Guarenty" means the guaranty from guarantor, endorser, suretyi, or accommodation party to
<br />Lender, including without limitation a guaranty of all or part of the Note. i,
<br />Hezardous Substances. The words "Hazerdous Substances" mean materials that, beceuse of their quantity,
<br />concentration or physical, chemical or infectious characteristics, may ceuse or pose present or potentiel hazard
<br />to human health or the environment when improperly used, treated, stored, disposed �f, generated, menufactured,
<br />transported or otherwise handlad. The words "Hazardous Substences" are used in tIefr very broadest sense and
<br />include without limitation any and all hazardous or toxic substences, materials or w!este as defined by or listed
<br />under the Environmental Lews. The term "Hazardous Substances" also includes, withbut limitation, petroleum and
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