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201400872
<br /> NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of defauft and any
<br /> notice of sale shall be given in writing, and shall be effective when actually delivered,when actually received by telefacsimile
<br /> (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when
<br /> deposited in the United States mail,as first class,cert�ed 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 revocabte
<br /> trust do not spec�cally 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 provisions 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 /> govemed 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. However, if there ever is a question about
<br /> whether any provision of this Deed of Trust is valid or enforceable, the provision that is questioned will be
<br /> governed by whichever state or federal law would find the provision to be valid and enforceable. The loan
<br /> transaction that is evidenced by the Note and this Deed of Trust has been applied for,considered,approved and
<br /> made,and all necessary loan 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 shall 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 il�egal,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 shalt 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 Trusior, Lender, without notice to Trustor, may deal with Trustors
<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.
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<br /> Deed of Trust
<br /> 2013-260
<br /> WA 4801782.1
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