|
DEED OF TRUST � o�. 2 O� 8� J
<br />Loan No: 101245912 (Continued) Page 8
<br />Trustor also will pay any court costs, in addition to all other sums provided by law.
<br />Righ� of Trustee. Trustee shall .have all of the rights end duties of Lender as set forth in this section.
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee
<br />are part of this Deed of Trust:
<br />Powers of Trustee. In addition to ail powers of Trustee arising es a matter of lew, Trustee shall have the power to
<br />take the following actions with respect to the Properry upon the 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 epplicable law. In addition to the rights
<br />and remedies set forth above, with respect to all or any part of the Property, the Trustee shell have the right to
<br />foreclose by notice and sale, and Lender shall have the right to foreclose by judiciel foreclosure, in either cese in
<br />eccordance with and to the full extent provided by applicable law.
<br />Successor Trustee. Lender, at Lender's option, mey from time to time appoint a successor Trustee to any Trustee
<br />eppointed under this Deed of Trust by an instrument executed end acknowledged by Lender and recorded in the
<br />office of the recorder of HALL County, State of Nebraska. The instrument shall contain, in edd(tion to all other
<br />matters required by state law, the names of the original Lender, Trustee, and Trustor, the book and pege (or
<br />computer system reference) where this Deed of Trust is recorded, and the name and address of the successor
<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 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 default
<br />and any notice of sale shall be given in writing, and shall be effective when actually delivered, when ectually received
<br />by telefacsimile (unless otherwise required by lew), when deposited with a nationally recognized overnight courier, or, if
<br />meiled, when deposited in the United Stetes meil, as first cless, cenified or registered meil 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 address, as shown near the beginning of
<br />this Deed of Trust. Any party mey 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 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 law, if there is more then one Trustor, any notice given by Lender to any Trustor is deemed to be notice
<br />given to ell Trustors.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part af this Deed of Trust:
<br />Amendments. This Deed of Trust, together with any Related Documents, const(tutes 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 shall be effective unless given in writing and signed by the party or perties 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 Properry during Trustor's
<br />previous fiscal year in such form and detail es Lender shall require. "Net opereting income" shall mean all cash
<br />receipts from the Property less all cash expenditures made in connection with the operetion of the Property.
<br />Caption Headings. Caption headings (n 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 shell 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 cepacity, without the written consent
<br />of Lender.
<br />Governing Law. This Deed of Trust will be governed by federal law applicable to lender end, to the extent not
<br />preempted by federal law, the laws of the State of Nebreska without regard to its conflicts 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 agrees upon Lender's request to aubmit to the jurisdictlon of the
<br />courts of Hall County, State of Nebreske.
<br />No Waiver by Lender. Lender shall not be deemed to have waived eny rights under this Deed of Trust unless such
<br />waiver is given in writing and sfgned 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 eny 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 complience with that
<br />provision or eny other provision of this Deed of Trust. No prior weiver 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 obligetions
<br />as to any future transactions. Whenever the consent of Lender (s 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 />
|