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DEED OF TRUST � o$ 2 U`Z 8��
<br />Loan No: 101250991 (Continued) Page 9
<br />title, power, and duties conferred upon the Trustee in this Deed of Trust and by epplicable 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, including without limitation any notice of defeult
<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 law1, when deposited with a nationally recognized overnight courier, or, if
<br />mailed, when deposited in the United States mail, 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 hes 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 is more than ona 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 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 party or parties sought to be cherged or
<br />bound by the alteratian or amendment.
<br />Annual Reports. If the Property is used for purposes other then Trustor's residence, Trustor shell 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 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 shatl be no merger of the interest or estate created by this Deed of Trust with eny other interest 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 extent not
<br />preempt�d by federal law, the laws of the State of Nebraska without regard to its conflicts of lew provisions. This
<br />Deed of Trust has been accepted by Lender in the State of Nebraska.
<br />Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the
<br />courts of Hall County, State of Nebraske.
<br />Jolnt and Several Llability. All obligetions of Borrower and Trustor under this Deed of Trust shall be joint and
<br />severel, and all references to Trustor shall mean each and every Trustor, and ell references to Borrower shall mean
<br />each end every Borrower. This means that each Trustor signing below is responsible for all obligations in this Deed
<br />of Trust. Where any one or more of the parties is e corporation, pertnership, limited liebility company or similar
<br />entity, it is not necessary for Lender to inquire into the powers of any of the officers, directors, pertners, members,
<br />or other agents acting or purporting to act on the entity's behalf, and any obligations made or created in relience
<br />upon the professed exercise of such powers shell be guaranteed under this Deed of Trust.
<br />No Waiver by Lender. Lender shall not be deemed to heve 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 />shell operate es e 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 weiver of Lender's right otherwise to demand strict complience 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 weiver 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 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 eny provision of this Deed of Trust to be illegal, invalid, or
<br />unenforceable as to any circumstance, thet finding shell not make the offending provision illegal, invalid, or
<br />unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so
<br />thet it becomes legel, valid and enforceable. 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 effect the legality, validity or enforceability of any
<br />other provision of this Deed of Trust.
<br />Successors end Assigns. Subject to any limitations stated in this Deed of Trust on trensfer 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 then Trustor, Lender, without notice to Trustor, may
<br />deal with Trustor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or
<br />extension without releasing Trustor from the obligations of this Deed of Trust or liability under the Indebtedness.
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