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� DEED OF TRUST 2 p 12 0 013 7
<br />Loan No: 1 0 7 247790 (Continued) Page 8
<br />public; (b) join in granting eny easement or creating any restriction on the Real Properry; and (c) join (n any
<br />subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust.
<br />Trustee. Trustee shall meet all qualifications required for Trustee under appliceble law. In addition to the rights
<br />end remedies set forth above, with respect to all or any part of the Property, the Trustee shall have the right to
<br />foreclose by notice and sele, and Lender shall have the right to foreclose by judicial foreclosure, in either case in
<br />accordance with and to the full extent provided by applicable law.
<br />Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee
<br />appointed under this Deed of Trust by en instrument executed and acknowledged by Lender and recorded in the
<br />office of the recorder of HALL County, State of Nebraska. The instrument shall contain, in addition to ell other
<br />matters required by state law, the names of the or(ginel Lender, Trustee, and Trustor, the book and pege (or
<br />computer system reference) where this Deed ot Trust is recorded, end the name and eddress of the succesaor
<br />trustee, and the (nstrument shall be executed and acknowledged by all the beneficiaries under this Deed of Trust or
<br />their successors in interest. The successor trustee, wfthout conveyance of the Property, shali succeed to all the
<br />title, power, and duties conferred upon the Trustee in this Deed of Trust and by epplicabie law. This procedure for
<br />substitution of Trustee shall govern to the exclusion of all other provisions for substitutfon.
<br />NOTICES. Any notice required to be given under this Deed of Trust, including without limitation eny notice of default
<br />and any notice of sale shall be given in writing, and shall be effective when actually delivered, when actually received
<br />by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if
<br />mailed, when deposited in the United States mail, as first cless, certified or registered mail postege prepaid, directed to
<br />the addresses shown near the beginning of this Deed of Trust. All copies of notices ot foreclosure ftom the holder of
<br />any lien which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of
<br />this Deed of Trust. Any party may chenge 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 et ell t(mes of Trustor's current address. Unless otherwise provided
<br />or required by law, if there is more than one Trustor, eny notice given by Lender to any Trustor is deemed to be notice
<br />given to all Trustors.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are e part of this Deed of Trust:
<br />Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understending and
<br />agreement of the parties as to the matters set forth in this Deed of Trust. No alteration of or emendment to this
<br />Deed of Trust shall be effective unless given in writing end signed by the parry or parties sought to be charged or
<br />bound by the alteration or amendment.
<br />Annual Reports. If the Proparty is used for purposes other than Trustor's residence, Trustor shall furnish to
<br />Lender, upon request, a certified statement of net operating income received from the Property during Trustor's
<br />previous fiscal year in such form and detail as Lender shell require. "Net opereting income" shall mean all cash
<br />receipts from the Property less all cash expenditures made in connection with the operation of the Property.
<br />Caption Headings. Caption 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 this Deed of Trust with any other interest or
<br />estete 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 />Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and, to the extent not
<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 eccepted by Lender in the Stete of Nebraska.
<br />Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurlsdiction of the
<br />courts of Buffalo County, State of Nebraske.
<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 writing and signed by Lender. No delay or omission on the part of Lender in exercising eny right
<br />shall operate as e 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 otherwlse to demand strict compliance with that
<br />provision or any othar 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 any of Lender's rights or of any of Trustor's obligations
<br />es to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the grenting
<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 />Severebility. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invafld, or
<br />unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or
<br />unenforceable as to any other circumstance. If feasible, the offending provision shell be considered mod(fied so
<br />that it becomes legel, velid end enforceable. If the offending provision cannot be so modified, it shall be
<br />considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or
<br />unenforceability of eny provision of this Deed of Trust shall not affect the legality, validity or enforceability of any
<br />other provision of this Deed of Trust.
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