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201400869
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Last modified
7/20/2017 10:19:43 AM
Creation date
2/14/2014 1:50:11 PM
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DEEDS
Inst Number
201400869
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201400869 <br /> deposited in the United States mail,as first class,certified or registered mail postage prepaid,directed to the addresses shown <br /> near the beginning of this Deed of Trust. All copies of notices of foreclosure from the holder of any lien which has priority over <br /> this Deed of Trust shall be sent to Lender's address, as shown near the beginning of this Deed of Trust. Any party may <br /> change its address for notices under this Deed of Trust by giving formal written notice to the other parties,specifying that the <br /> purpose of the notice is to change the party's address. For notice purposes, Trustor agrees to keep Lender informed at all <br /> times of Trustor's current address. Unless otherwise provided or required by law, if there is more than one Trustor,any notice <br /> given by Lender to any Trustor is deemed to be notice given to all Trustors. <br /> ADDITIONAL TRUST TERMS. If Trustor is a revocable trust and if the provisions of the agreement governing such revocable <br /> trust do not specifically authorize the execution and delivery of this Deed of Trust or Mortgage, the provisions of such <br /> agreement are hereby automatically amended to authorize such revocable trust to execute and deliver this Deed of Trust or <br /> Mortgage and to fully perform all provions hereof. For this purpose, Trustor(s) executes this Deed of Trust or Mortgage as <br /> both Trustor(s)and Trustee(s)of such revocable trust. <br /> MISCELLANEOUS PROVISIONS. The following miscellaneous 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 Deed of <br /> Trust shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the <br /> alteration or amendment. <br /> Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to <br /> 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 estate <br /> in the Property at any time held by or for the benefit of Lender in any capacity,without the written consent of Lender. <br /> Governing Law. With respect to procedural matters related to the perfection and enforcement of Lender's rights <br /> against the Property, this Deed of Trust will be governed by federal law applicable to Lender and to the extent <br /> not preempted by federal law,the laws of the State of Nebraska. In all other respects,this Deed of Trust will be <br /> governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the <br /> State of Missouri without regard to its conflicts of law provisions. The loan transaction that is evidenced by the <br /> Note and this Deed of Trust has been applied for, considered, approved and made, and all necessary loan <br /> documents have been accepted by Lender in the State of Missouri. <br /> Choice of Venue. If there is a lawsuit,Trustor agrees upon Lender's request to submit to the jurisdiction of the courts of <br /> JACKSON County,State of Missouri. <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 any right shall <br /> operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust shail not <br /> prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other <br /> provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing between Lender and Trustor, shall <br /> constitute a waiver of any of Lender's rights or of any of Trustor's obligations as to any future transactions. Whenever the <br /> consent of Lender is required under this Deed of Trust,the granting of such consent by Lender in any instance shall not <br /> constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may <br /> be granted or withheld 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 circumstance,that finding shall not make the offending provision illegal,invalid,or unenforceable <br /> as to any other circumstance. If feasible,the offending provision shall be considered modified so that it becomes legal, <br /> valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Deed of <br /> Trust. Unless otherwise required by law,the illegality, invalidity,or unenforceability of any provision of this Deed of Trust <br /> shall not affect the legality,validity or enforceability of any 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, this <br /> Deed of Trust shall be binding upon and inure to the benefit of the parties,their successors and assigns. If ownership of <br /> the Property becomes vested in a person other than Trustor, Lender, without notice to Trustor, may deal with Trustor's <br /> successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without <br /> releasing Trustor from the obligations 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. <br /> Waive Jury. All parties to this Deed of Trust hereby waive the right to any jury trial in any action,proceeding,or <br /> counterclaim brought by any party against any other party. <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 /> Page 7 of 10 <br /> Deed of Trust <br /> 2013-258 <br /> WA 4733279.3 <br />
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