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Loan No: 101250646
<br />DEED OF TRUST
<br />(Continued)
<br />201202�05
<br />Page 8
<br />take the foilowing actions with reapect to the Properry upon tha written request of Lender and Trustor: (a) join in
<br />preparing and filing a map or plat of the Real Property, including the dedication of streets or other rights to the
<br />public; (b) join in granting any easement or creating eny restriction on the Real Property; and (c) join in 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 qualificetions required for Trustee under applicable law. In addition to the rights
<br />and remedies set forth above, with respect to all or eny part of the Properry, the Trustee ahell have the right to
<br />foreclose by notice and sale, and Lender shell have the right to foreclose by judicial foreclosure, in elther 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 eny Trustee
<br />appointed under this Deed of Trust by en instrument executed and ecknowledged 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 nemes of the original Lender, Trustee, and Trustor, the book end page (or
<br />computer system reference) where this Deed of Trustis recorded, and the name and address of the successor
<br />trustee, and the instrument shall be executed and acknowledged by all the beneficieries under this Deed of Trust or
<br />their successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the
<br />title, power, end duties conferred upon the Trustee in this Deed of Trust and by appticeble law. This procedure for
<br />substitution of Trustee shall govern to the exclusion of all other provisions for substitution.
<br />NOTICES. Any notice required to be given under this Deed of Trust, inc�uding without 1(mltetion any notice of default
<br />end any notice of sele shall be given in writing, end shall be effective when actually delfvered, when ectually recefved
<br />by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if
<br />ma(led, when deposited in the United States mail, as first class, certified or reg(atered meil postege prepaid, directed to
<br />the addresses shown near the beginning of this Deed of Trust. All copies of not(ces of foreclosure from the holder of
<br />any lien which has priority over th(s Deed ot Trust shall 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 formel written
<br />notice to the other perties, specifying that the purpose of the notice is to change the party's eddress. For notice
<br />purposes, Trustor agrees to keep Lender informed et ell 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 any Trustor is deemed to be notice
<br />given to all Trustors.
<br />MISCELLANEOUS PROVISIONS. The follow(ng 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 end
<br />agreement of the parties as to the matters set forth in this Deed of Trust. No elteretion of or emendment 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 Reports. if the Property is used for purposes other than Trustor's residence, TrusSor shell furnish to
<br />Lender, upon request, a certified stetement of net operating income received from the Property during Trustor's
<br />previous fiscal year in such form and deta(I as Lender shall require. "Net operating income" shall mean all cash
<br />receipts from the Property less all cash expenditures made in connaction with the operation of the Property.
<br />Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only end ere 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 intereat or
<br />estate in the Property at any time held by or for the benefit of Lender in any capecity, 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 exterrt not
<br />preempted by federal lew, the laws of the State of Nebreske without regasd to its confllcts of law provisions. This
<br />Deed of Trust has been accepted by Lender in the State of Nebreske.
<br />Choice of Venue. If there is a lawsuit, Trustor egrees upon Lender's request to submit to the jurlsdiction of the
<br />courts of Hall County, State of Nebraska.
<br />Joint and Severel Llability. All obligations of Trustor under this Deed of Trust shall be joint and several, and all
<br />references to Trustor shall mean each and every Trustor. This means that each Trustor signing below (s
<br />responsible for ell obligations in this Deed of Trust.
<br />No WaPver 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 pert of Lender in exercising any right
<br />shall operate as a waiver of such right or any 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 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 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 cases such consent mey 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 illegel, invalid, or
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