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DEED OF TRUST
<br />Loan No: 101�t46947 �` f' (Continued) 2��.1 �� 7 7 7 Page 9
<br />receipts from the Property less all cash expenditures made in connection with the operation of the Property.
<br />Caption Heading9. Ception headings in this Deed of Trust are for convenience purposes only and are not to be
<br />used to interpret or define the provisions of this Deed of Trust.
<br />Merger. There shall be no merger of the interest or estate created by thfs Deed of Trust with any othar interest or
<br />estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent
<br />of Lender.
<br />Govarning Law. This Deed of Trust will be govarned by federal law applicable to Lender end, to tha extent not
<br />preempted by federal law, the lews of the State of Nebraska wlthout regard to tts conflicts of law provisions. This
<br />Deed of Trust has bean accepted by Lender in the Stete of Nebraska.
<br />Choice of Venue. If there is a lewsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the
<br />courts of Hall County, State of Nebraska.
<br />Joint end Several Llability. All obligations of Borrower end Trustor under thfa Deed of Trust shall be joint and
<br />several, and all references to Trustor shell mean each and every Trustor, and all references to Borrower shall mean
<br />each and every Borrower. This means that each Trustor signing below is responsibte for all obligations in this Deed
<br />of Trust.
<br />No Walver by Lender. Lender shall not be deemed to have waiyed eny rights under this Deed of T.rust unless such
<br />w.aiver is given in writi�g and signed by Lender. No delay or omission on the part of Lender in exercising any right
<br />shall operete es a waiver of such right or any other right. A wafver by Lender of e provision of this Deed of Trust
<br />shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance w(th that
<br />provision or eny other provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing
<br />between Lender and Trustor, shell constitute e waiver of any of Lender's rights or of any of Trustor's obflgations
<br />es to any future transactions. 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 instancea where
<br />such consent is required and in all casea such consent may be granted or withheld in the sole discretion of Lender.
<br />Severability. If a court of 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 shell not meke the offending provisfon illegal, fnvalid,
<br />or unenforceable es to any other person or circumstance. If feasible, the offending provision shall be considered
<br />modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall
<br />be considered deleted from this Deed of Trust. Unless othervvise required by law, the illegality, invalidity, or
<br />unenforceability of any provision of this Deed of Trust shall not affect the tegality, validity 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 trensfer of Trustor's (nterest,
<br />this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and asslgns. If
<br />ownership of the Property becomes vested in a person other than Trustor, Lender, without not(ce 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 liabflity 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 waives atl rights and benefits of the homestead
<br />exemption laws of the State of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br />DEFINITIONS. The following cepitalized words end terms shall have the following meanings when used in this Deed of
<br />Trust. Unless specifically stated to the contrery, all references to dollar amounts shell mean amounts in lawful money
<br />of the United States of America. Words and terms used in the singular shell include the plurel, and the plural shall
<br />include the singular, as the context may require. Words and terms not otherwise defined in this Deed of Trust shell
<br />have the meanings ettributed to such terms in the Uniform Commercial Code:
<br />Beneflciary. The word "Beneficiary" meens Five Points Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means SANTIAGO REYES and includes all co-signera and co-mekers signing the
<br />Note and 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 limitation all assignment and security interest provisions relating to the Personal Property and
<br />Rents.
<br />Default. The word "Defeult" means the Default set forth in this Deed of Trust in the section titled "Default".
<br />Environmental Laws. The words "Environmental Lews" mean eny and all state, federal end local statutes,
<br />regulations and ordinances relating to the protection of human health or the environment, including without
<br />limitation the Comprehensive Environmental Response, Compensetfon, and Liability Act of 1980, es emended, 42
<br />U.S.C. Section 9601, et seq. ("CERCLA"►, the Superfund Amendments and Reauthorization Act of 7986, Pub. L.
<br />No. 99-499 ("SARA"►, the Hazardous Materials Trensportation 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.
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