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DEED OF TRUST 2 012 0 013 �
<br />Loan No: 101247796 (Continued) Page 8
<br />public; (b) join in granting any easement or creating eny restriction on the Real Properry; and (c) join in any
<br />subordination or other egreement 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 applicable law. In additlon to the rights
<br />and remedies set forth ebove, with respect to ell or any part of the Property, the Trustee shall have the right to
<br />foreclose by notice end sale, end Lender shall have the right to foreclose by judicial foreclosure, in either case in
<br />eccordance with and to the full extent pravided by applicable law.
<br />Successor Trustee. Lender, at Lender's opt(on, may from time to time appoint a successor Trustee to any Trustee
<br />appointed under this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the
<br />office of the recorder of HALL County, State of Nebreske. The instrument shall contein, in addition to all other
<br />matters required by state law, the names of the original Lender, Trustee, and Trustor, the book and page (or
<br />computer system reference) where this Deed of Trust is recorded, end the name and address of the successor
<br />trustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed of Trust or
<br />their successors in interest. The successor trustee, without conveyance of the Property, shell succeed to all the
<br />title, power, end duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for
<br />substitution of Trustee shall govern to the exclusion of ell other provisions for substitut(on.
<br />NOTICES. Any notice required to be given under this Deed of Trust, including wlthout limitation any notice of default
<br />and any notice of sale shall be given in writing, and shall be effective when ectually delivered, when actually received
<br />by telefacsimile (unless otherwise required by law), when deposited with a netionelly recognized overnight courier, or, if
<br />mailed, when deposited in the United Statas meil, as first class, certified or registered mail postage prepaid, 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 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 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 perty's eddress. For notice
<br />purposes, Trustor egrees to keep Lender informed at all times of Trustor's current address. Unless otherwise provided
<br />or required by law, if there ls more then one Trustor, any notfce given by Lender to eny Trustor is deemed to be notice
<br />given to all Trustors.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and
<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 parry or perties sought to be charged or
<br />bound by the alteretion or amendment.
<br />Annual Reports. If the Property 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 shall require. "Net operating 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 />estate in the Property at any time held by or for the benefit of Lender in any cepacity, without the written consent
<br />of Lender.
<br />Governing Law. This Deed of Trust will be governed by federal law applicable to Lender end, 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 accepted by Lender in the State of Nebraska.
<br />Choice of Venue. If there is e lawsu(t, Trustor agrees upon Lender's request to submit to the jurisdiction of the
<br />courts of Buffalo County, State of Nebraska.
<br />No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such
<br />waiver (s given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right
<br />shall operate as e waiver of such right or eny other right. A waiver by Lender of a prov(sion of this Deed of Trust
<br />shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that
<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 any of Lender's rights or of any of Trustor's obligations
<br />as to eny 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 shell not constitute continuing consent to subsequent instances where
<br />such consent is required and in all casgs such consent may be granted or withheld in the sole discretion of Lender.
<br />Severabiltty. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegel, invalid, or
<br />unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or
<br />unenfarceable as to any other circumstence. If feasible, the offending provision shall be consfdered modified so
<br />that it becomes legel, valid end enforceabie. If the offending provision cannot be so modified, it shell be
<br />considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or
<br />unenforceability of any provision of this Deed of Trust shall not affect the legality, validiry or enforceability of any
<br />other provision of this Deed of Trust,
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