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DEED OF TRUST
<br />Loan No: 1,01`2�5,41d a (Continued) 2 012 0 6 3 21 Pa9e 9
<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, end duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for
<br />substitution of Trustee shell 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 limitetion any notice of default
<br />and eny notice of sale shall be given in writing, and shall be effective when ectually delivered, when actually received
<br />by telefacsimile (unless othervvise required by law), 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 has priority over this Deed of Trust shall be sent to Lender's eddress, 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 formal written
<br />notice to the other parties, specifying that the purpose of the notice is to change the party's eddress. 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 law, if there is more then one Trustor, eny notice given by Lender to any Trustor is deemed to be notice
<br />given to all Trustors.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions ere e part of this Deed of Trust:
<br />Amendments. This Deed of Trust, together with any Releted Documents, constitutes the entire understanding and
<br />egreement 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 ahall be effective unless given in writing and signed by the party or parties sought to be cherged or
<br />bound by the alteration or amendment.
<br />Annual Reports. If the Property is used for purposes other than Truator's residence, Trustor shall furnish to
<br />Lender, upon request, a certified statement of net opereting income received from the Property during Trustor's
<br />previous Hscal year in such form and detail as Lender shell require. "Net operating income" shall mean all cash
<br />receipts from the Property less all cesh expenditures made in connection with the operetion of the Property.
<br />Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only end 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 intereat or estete created by thia Deed of Trust with any other interest or
<br />estete in the Property at eny time held by or for the benefit of Lender in any capacity, without the written consent
<br />of Lender.
<br />Goveming Law. This Deed of Trust will be govemed by federal law applicable to Lender and, to the extent not
<br />preempted by federal law, tha laws of the State of Nabraska wtthout regard to its conflicts of law provisions. This
<br />Deed of Trust has been accepted by Lender in the State of Nebraska.
<br />Choica of Venue. If there is e lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the
<br />courts of Hall County, State of Nebraska.
<br />Joint and Several Liability. All obligations of Borrower and Trustor under this Deed of Trust shall be joint and
<br />several, and ell references to Trustor shell mean each end 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.
<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 any right
<br />shall operate as a weiver 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 end Trustor, shall constitute a weiver of any of Lender's rights or of any of Trustor's obligations
<br />as to any future transections. Whenever the consent of Lender is required under this Deed of Trust, the granting
<br />of such consent by Lender in any instence shail not constitute continuing consent to subsequent instancea where
<br />such consent is required and in all cases such consent may be granted or withhetd in the sole discretion of Lender.
<br />Severability. If a court of competent jurisdiction finds eny provisian of this Deed of Trust to be illegal, invelid, or
<br />unenforceable es to any person or circumstance, that finding shall not make the offending provision illegel, invelid,
<br />or unenforceable as to any other person or circumstance. 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 modlfied, it shall
<br />be considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or
<br />unenforceabitity of eny provision of this Deed of Trust shall not affect the legality, validity or enforceability of any
<br />other provision of this Deed of Trust.
<br />Successors and Assigns. Subject to eny limitetions stated in this Deed of Trust on transfer of Trustor's interest,
<br />this Deed of Trust shell be binding upon and inure to the benefit of the parties, their successors and esaigns. If
<br />ownership of the Property becomes vested in a 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 obligetions of this Deed of Trust or liability under the Indebtedness.
<br />Time is of the Essence. Time is of the essence in the performance of this Deed of Trust.
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