� DEED OF TRUST � 0�- 2 0 9 2 4�
<br />Loan No: 138639 (Continued) Page 6
<br />applicable law, Lender's expenses for bankruptcy proceedings (including efforts to modify or vecete any autometic
<br />stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching records,
<br />obtaining title reports (including foreclosure reports), surveyors' reports, end appraisel fees, title insurance, and
<br />fees for the Trustee, to the extent permitted by applicable law. Trustor also will pay any court costs, in addition to
<br />all other sums provided by law.
<br />Rights of Trustee. Trustee shaU have all of the rights and duties of Lertder as set torth in this section.
<br />POWERS AIVD OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obllgations of Trustee
<br />ara part of this Deed of Trust:
<br />Powers of Trustee. In addition to all powers of Trustee arising es a matter of lew, Trustee shall have the power to
<br />take the following actions with respect to the Proparty upon the written request of Lender and Trustor: (a) join in
<br />preparing and filing a mep 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 any restriction on the Real Property; and (c) join in any
<br />subordinetion or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust.
<br />Trustee. Trustee shall meet all qualifications required for Trustee under appiicable law. In addition to the rights
<br />and remedies set forth above, with respect to all or any part of the Property, the Trustee shall have the right to
<br />foreclose by notice and sale, and Lender shall have the right to foreclose by judicial foreclosure, in either case in
<br />accordance with and to the full extent provided by applicable law.
<br />Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee
<br />appointed under this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the
<br />office of the recorder of Hell County, Stafie of Nebraska. The instrument shall contain, in addition to all other
<br />matters required by state law, the names of the original Lender, Trustee, and Trustor, the book and page Ior
<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 Dead of Trust or
<br />their successors in interest. The successor trustee, without conveyance ot the Property, shall succeed to all the
<br />title, power, and duties conferred upon the Trustee in this Deed of Trust end by appliceble law. This procedure for
<br />substitution of Trustea 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 (imitation any notice of default
<br />and any notica of sale shell be given in writing, and shall be effective when ectuelly delivered, when actually received
<br />by telafacsimile (unless otherwise required by law), when deposited with a nationaliy recognized overnight courier, or, if
<br />mailed, when deposited in the United States mail, as first cless, certified or registered mait postege prepaid, directed to
<br />the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure from the hoider 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 may change its eddrass for notices under this Deed ot 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 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 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 a part of this Deed of Trust:
<br />Amendments. This Deed of Trust, together with eny Relatad Documents, constitutes the entire understanding and
<br />agreement of the parties as to the matters set forth in this Deed of Trust. No alteretion of or emendment to this
<br />Deed of Trust shali be effective unless given in writing and signed by the party or parties sought to be charged or
<br />bound by the alteration 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 fiscal year in such form and detail as Lender shall 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 Daed of Trust are for convanience 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 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 the benefit of Lender in eny cepacity, 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 />preempted by federal (aw, the laws of the Stete of Nebraska without regard to its conflicts af law provisions. Thia
<br />Deed of Trust has been accepted by Lender in the State of Nebraska.
<br />Joint and Several L1ab71ity. All obligations of Trustor under this Deed of Trust shall be joint and several, and all
<br />references to Trustor shall mean each and every Trustor. This means that each Trustor signing below is
<br />responsible for a(I o6(igations in this Deed of Trust.
<br />No Waiver by Lender. Lender shall not be deemed to have 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 />shall oparate 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 a waiver ot Lender's right otherwlse to demand strict complience 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 Lendar's rights or of eny of Trustor's obligations
<br />as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the grenting
<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 wfthheld 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 person or circumstance, that finding shall not meke the offending provision illegal, invalid,
<br />or unenforceable as to any other person or circumstance. If feasible, the offending provision shall be considered
<br />modified so that it bacomes legal, ve(id and enforceable. If the offending proviaion cannot be so modified, it ahall
<br />be 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 affect the legality, validity 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 a person other than Trustor, Lender, without notice to 7rustor, may
<br />deal with Trustor's successors with reterence 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 Indehtedness.
<br />Time is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br />Waiver of Homestead Exemption. Trustor hereby releases and weives ell rights and benefits ot the homestead
<br />exemption laws of the Stete of Nebreska es to all Indebtedness secured by this Deed ot Trust.
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