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06-09 --1998 DEED OF TRUST Page 7 Loan No 760347 (Continued) y&" 10 computer system reference) where this Deed of Trust Is recorded, and the name and address of the successor trustee, and the instrument slit-11 he executed and acknowledged by afi the beneficiaries under the Deed of"Trust or their successors in Interest. The successor tru tee. without conveyance of the Property, shall succeed to all the tote, power, and duties conferred upon the Trustee In this Deed oLTrust and by appliccable law. This procedure for substitution of trustee shall govern to the exclusion of all other provisions for substitution. NOTICES TO TRUSTOR AND OTHER PARTIES. Any notice under this Deed of Trust shall be In writing, my be sent by telefacsimfie (unless otherwise required by law), and shall be effective when actually delivered, or when deposited with a nationally recognized overnight courier, or, If malted, shalt be deemed effective when deposited in the United States mail first class, certM or registered mail, Postage prepaid, directed to the addresses shown near the ginning cf this Deed of Trust. Any party may change its address for notices under this Dlted of Trust by giving formal written notice to the other parties, spacifying that the purpose of the notice is to change the party's addrew. Ail copies of notices of foreclosure from the harder of any lien which has priority over this Deed of Trust shaft be sent to Lender's address, as shown near the beginning of this Deed of Trust. For notice purposes, Trustor agrees to keep Lender and Trustee informed at all times of Trustors current address. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of that p! ties es to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given in writing and signed by the+ party or parties sought to be bharged or bound by the alteration or amendment. Applicable Law. This Deed of Trust has been delivered to Lender and accepted by Lender In the State of Nebraska. This Dead of Trust shaft be governed by and construed In accordance with the laws of the State of Nebraska. Caption Headings. Caption headings In this Deed of Trust are for convenience purposes only and are not to be use;„:! to Interpret or donne the provisions of this peed of Trust. Merger_ There shall be no merger of the Interest or estate created by this Deed of Trust with any other Interest or estate In the Property at any time head by or for the benefit of Lender In any capaclt /, without the written consent of tender. Severabiftty. If a court of competent Jurisdiction finds any provision of this Deed of Trust to be Invalid or unenforceable as to any person or circumstance, such finding shall not render that provision Invalid or unenforceable as to any other persons or circumstances. If feaslbie, any such offending provision shall be deemed to be modified to be within the limits of enforceability or validity; however, if the offending provision cannot be so modified, it shall be stricken and all other provisions of this Dead of Trust In all other respects shall remain valid and enforceable. Successors! and Assigns_ Subject to the limitations stated in this Deed of Trust on transfer of Trustor's Interest, this Deed of Trust shat) be binding upon and inure to the b9netti of the parties, their successors and assigns. If ownership of the Property becomes vested in a person other than Trustor, Lender, without notice to Trustor, may deal with Trustors successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or, exiension without refeaSing Trustor from the obligations of this Deed of Trust or liability under the Indebtedness. Time is of the Essence. Time is of the essence in the performance of this Mod of Trust. Welvers and Consents. Lender shall not be deemed to have waived any rights under this Deed of Trust (or under the Related Documents) unless such waiver Is in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by any party of a provision of this Deed of Trust shall not constitute a waiver of or prejudice the party's right otherwise to demand strict compliance with that provision or any other provision. No prior waiver by Lender, nun any course of dealing between Lender and Trustor, shalt constitute a waiver of any of Lender's rights or any of Trustor's obl'rgatlons as to any future transactions. Whenever consent by Lender Is required In this Deed of Trust, the granting of such consent by Lender In any instance shall not constitute continuing consent to subsequent instances where such consent Is required. Waiver of Homester.4 Exemption. Trustor hereby releases and waives all right.; and benefits of the homestead exemption laws of the State of Nebraska as to all lndibtedness secured by this Deed of Trust. EACH TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EAC►; TRUSTOR AGREES TO ITS TEAMS. TRUSTOR. X r GERALDINE J