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'' °� A;. `�' s ' ,' DEED OF TRUST 2 012 0 5 3 2�
<br />Loan No: 101254717 (Continued) Page 9
<br />this Deed of Trust. Any party may chenge its eddress for notices under this Deed of Trust by giving formal written
<br />notice to the other parties, specifying thet the purpose of the notice is to change the party's address. For notice
<br />purposes, Trustor agrees to keep Lender informed at all times of Trustor's current address. Unless otherwise provided
<br />or required by lew, 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 miscellaneous provisions are e pert of this Deed of Trust:
<br />Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understending and
<br />agreement of the pertfes 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 elteration 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 fiscel year in such form and detail as Lender shall require. "Net operating income" shall mean all cesh
<br />receipts from the Property less all cesh 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 eny other interest or
<br />estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent
<br />of Lender.
<br />Governing Law. This Daed of Trust will be governed by federal Iaw eppliceble 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 />Daed of Trust has been accepted by Lender in tha State of Nebraska.
<br />Choice of Venue. If there is a lawsuit, Trustor egrees upon Lender's request to submit to the jurisdiction of the
<br />courts of Hall County, Stete of Nebraska.
<br />Joint and Several Liability. All obligations of Borrower and Trustor under this Deed of Trust shall be joint and
<br />severel, and all refarences to Trustor shall mean each and every Trustor, and all references to Borrower shall mean
<br />each and every Borrower. This means that each Trustor signing below is responsible for all obligations in this Deed
<br />of Trust. Where eny one or more of the perties is e corporation, partnership, limited liability company or similer
<br />entity, it is not necessery for Lender to inquire into the powers ot any of the officers, directors, partners, members,
<br />or other agents acting or purporting to act on the entity's behalf, and eny obligations mede or created in reliance
<br />upon the professed exercise of such powers shall be guaranteed under this Deed of Trust.
<br />No Waiver by Lendar. 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 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 e waiver of Lender's right otherwise to demand strict compliance with thet
<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 trensactions. Whenever the consent of Lender is required under this Deed of Trust, the grenting
<br />of such consent by Lender in any instence shall not constitute continuing consent to subsequent instences where
<br />such consent is required and in all ceses such consent may be granted or withheld in the sole discretion of Lender.
<br />Sevarability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegel, invalid, or
<br />unenforceable as to any person or circumstance, that finding shell not make the offending provision illegel, invalid,
<br />or unenforceable as to any other person or circumstence. If feasible, the offending provision shall be considered
<br />modified so that it becomes legal, valid and enforceable. If the offending provision cennot be so modified, it shall
<br />be considered deleted from this Deed of Trust. Unless otherwise required by lew, the illegality, invalidity, or
<br />unenforceability of any provision of this Deed of Trust shall not affect the legality, velidity or enforceability of any
<br />other provision of this Deed of Trust.
<br />Successors and Assigns. 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 e person other than 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 forbearence or
<br />extension without releasing Trustor from the obligations of this Deed of Trust or liability under the Indebtedness.
<br />Time Is of the Essenca. Time is of the essence in the performance of this Deed of Trust.
<br />Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead
<br />exemption laws of the State of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br />DEFINITIONS. The following capitelized words and terms shall have the following meanings when used in this Deed of
<br />Trust. Unless specifically stated to the contrary, all references to dollar emounts shall mean emounts in lawful money
<br />of the United States of America. Words and terms used in the singular shall include the plurel, and the plural shall
<br />include the singular, as the context may require. Words and terms not otherwise defined in this Deed of Trust shall
<br />have the meanings attributed to such terms in the Uniform Commercial Code:
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