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Loan No: 101247823
<br />DEED OF TRUST 2 012 0 0 0 4 i
<br />(Continued)
<br />substitution of Trustee shall govern to the exclusion of all other provisions for substitution.
<br />Pag� 9
<br />NOTICES. Any notice required to be given under this Deed of Trust, including without Umitetion any notice of default
<br />and any notice of sale shall be given in writing, end ahall be effective when ectually delivered, when actually recelved
<br />by telefacsimite (unless otherwise required by Iaw1, when deposited with a nationally recognized overnight courier, or, if
<br />mailed, when deposited in the United States mail, as first class, certifled or registered meil postege prepeid, directed to
<br />the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure from the holder of
<br />any lien which hes priority over this Deed of Trust shell be sent to Lender's address, as shown near the beginning of
<br />this Deed of Trust. Any perty may change its address for notices under this Deed of Trust by giving formal written
<br />notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice
<br />purposes, Trustor agrees to keep Lender informed at all times of Trustor's current address. Unless otherwise provided
<br />or required by law, if there is more than one Trustor, any notice given by Lender to eny Trustor is deemed to be notice
<br />given to ell Trustors.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />Amendments. This Deed of Trust, together w(th any Related Documants, constitutes the entire understanding snd
<br />agreement of the parties as to the matters set forth in this Deed of Trust. No alteration of or amendment to this
<br />Deed of Trust shall be effective unless given in writing and signed by the party or parties sought to be charged or
<br />bound by the alteration or amendment.
<br />Annual ' Raports. If the Property is used for purposes other , than Trustor's residence, Trustor shatl fu�nish to
<br />Lender, upon request, a certified statement of net operating income received from the Properry during T�ustor's
<br />previous fiscal year in such form and detail es Lender ahall require. "Net operating income" shall meen II cesh
<br />receipts from the Property less all cash expenditures made in connection with the operetion of the Property.
<br />Caption Headings. Ception headings in this Deed of Trust are for convenience purposes only end are n�t 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 this Deed of Trust with any other int rest or
<br />estete in the Property at any time held by or for the benefit of Lender in any capacity, without the written �onsent
<br />of Lender.
<br />Governing Law. This Deed of Trust will be governed by federal law appliceble to Lender and, to the e ant not
<br />preempted by federal law, tha laws of the Stata of Nebraska without regard to its conflicts of law provision . This
<br />Deed of Trust has been accepted by Lender in the State of Nebraska.
<br />Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdictior� of the
<br />courts of Hall County, Stete of Nebraska. I
<br />Joint and Several Liability. All obligations of Borrower and Trustor under this Deed of Trust shall be j'int end
<br />several, and all references to Trustor shell mean each end every Trustor, and all references to Borrower sh�ll mean
<br />each and every Borrower. This means thet each Trustor signing below is responsible for all obligetions in th s Deed
<br />of Trust.
<br />No Waiver by Lender. Lender shall not be deemed to have weived eny rights under this Deed of Trust unle s such
<br />waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising a y right
<br />shall operate as a waiver of such right or eny other right. A waiver by Lender of a provision of this Deed of Trust
<br />shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict complience with thet
<br />provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing
<br />between Lender and Trustor, shall constitute a waiver of eny of Lender's rights or of eny of Trustor's obligations
<br />as 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 instances where
<br />such consent is required and in all cases such consent may be granted ar withheld in the sole discret(on of Lender.
<br />Severabllity. If a court of competent jurisdiction flnds 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 provision illegel, invelid,
<br />or unenforceable as to eny 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 moditied, 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 shatl not effect the legelity, validity or enforceebility of any
<br />other provision of this Deed of Trust.
<br />Successors and Assigns. Subject to eny limitations stated in this Deed of Trust on transfer of Trustor's interest,
<br />this Deed 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 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 />Tlme is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br />Waiver of Homestead Exemptlon. Trustor hereby releases and waives all rights and benefits of the homeatead
<br />exemption laws of the Stete of Nebraske as to ell Indebtedness secured by thts Deed of Trust.
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