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DEED (JF TRUST � p�� 0� 7 7�
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<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, shall succeed to all the
<br />title, power, and dutfes confened upon the Trustee in this Daed of Trust and by epplicebla law. This procedure for
<br />substitution of Trustee shall govem to the exclusion of all other provisions for substitution.
<br />NOTICES. Any notice required to be given under this Deed of Trust, including without flmitation any notice of defeult
<br />and any notice of sale shell be given in writing, and shell be effective when actually detivered, when actually received
<br />by telefacsimile (unless otherwise required by Iaw), when deposited with a nationally recognized ovemight courier, or, if
<br />mailed, when deposited in the United States mail, es 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 ftom the holder of
<br />any Ifen which hes priorifi/ 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 panies, specifying that tha purpose of the notice is to change tha party's address. For notice
<br />purpoaes, 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 any Trustor is deemed to be notice
<br />given to all Trustors. '
<br />MISCELLANEOUS PROVISIONS. The following miscelleneous 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 perties 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 parties sought to be charged or
<br />bound by the aReration or amendment.
<br />Annual Repor�a. If the Properry is used for purposes other than Trustor's residence, Trustor shall fumish to
<br />Lender; upon request, e certified statement of net operating income received trom the Property during Trustor's
<br />previous fiscal year in such form and detail as Lender shell require. "Net operating income° shall mean all cesh
<br />receipts from the Property less ell 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 o� defirte the provisions of this Deed of Trust.
<br />Merger. There shall ba 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 tha benefit of Lender in any capacity, without the written consent
<br />of Lender.
<br />Govemirtg Law. With respect to pracedural metters reletad to the perfection and enforcement of Lender's righ�a
<br />against ffie Property, �is Deed of Trust will be govemed by federal law applicable to Lender and to the extent not
<br />preempted by federal law, the laws of the State of Nebraska. In alI other respects, this Deed of Trust will be
<br />govemed by federel �w applicable to Lentier and, to the exterrt not preempted by federal lew, the laws of the
<br />State of Coloredo without regerd to its conflicts of law provisions. Howaver, ff there ever is a question about
<br />whether any prov�ton of this Deed of Trust is valid or enforceabie, the provlsion that is questionod will be
<br />governed by whtchevar state or federal law would flnd the provision to be vaNd and enforceable. The loan
<br />trensection that is evidenced by the Note and this Daed of Trust hes been applied for, considared, epproved and
<br />made, and ell necessary loan documents have been accepted by Lender in the Stete of Colorado.
<br />Choice of Venue. If there is e lawsuit, Trustor agrees upon Lender's request to submit to the jurisdicUon of the
<br />courts of Arapahoe County, State of Colorado.
<br />No Waiver by Lender. Lender shall not be deemed to have waived any rights under th(s 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 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 />sha�l not prejudice or constitute a waiver of Lender's right otherwise to demand strict complience with that
<br />provision or eny other provision of thls 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 iransections. 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 or withheld in the sole discretion of Lender.
<br />Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or
<br />unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invelid, or
<br />unenforceable as to eny other circumstance. If feasible, the offending provision shall be considered modified so
<br />that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be
<br />considered deleted from this Deed of Trust. Uniess otherwise required by law, the illegality, invalidity, or
<br />unenforceability of any provision of this Deed of Trust shall not affect the legality, valid'tty or enforceability of any
<br />other provision of this Deed of Trust.
<br />Successors and Asstgns. Subject to any 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 than Trustor, Lender, without notice to Trustor, may
<br />deal wlth Trustor's successors with reference ta this Deed of Trust and the Indebtedness by way of forbearence or
<br />extension without releasing Trustor from the obligations of this Deed of Trust or liability under the Indebtedness.
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