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201403961
<br /> DEED OF TRUST
<br /> Loan No: 101277301 (Contitlued) Page 8
<br /> Powers of Trustee. In addition to all powers of Trustee arising as a matter of law,Trustee shall have fhe power to
<br /> take the following actions with respect to the Property upon the written request af Lender and Trustor: fa)join in
<br /> preparing and filing a map or plat of the Real Property, induding the dedication of streets or other rights to the
<br /> public; ib) join in granting any easement or creating any restriction on the Real Property; and ic) join in any
<br /> subordination or other agreement affecting this Deed of Trust or the lnterest of Lender under this Deed of Trust.
<br /> Trustee. Trustee shall meet all qualifications required for Trustee under applicable 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 foredose 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 HALL County, State 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 (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, and duties conferred upon the Trustee in this Deed of Trust and by applicable Iaw. This procedure for
<br /> substitution ofi 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 timitation any notice of default
<br /> and any notice of safe shalf be given in writing, and sha(I be effective when actually delivered, when actually received
<br /> by telefacsimile(unless otherwise required by law), when deposited with a nationally recognized ovemight 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 foredosure 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 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 tf�e notice is to change the party's address. For notice
<br /> purposes, Trustor agrees to keep Lender informed at all times of Trustor`s surrent address. Unless otherwise provided
<br /> or required by law, if there is more than one Trusior, any notice given by Lender to any Trustor is deemed to be notice
<br /> given to a(I Trustors.
<br /> MISCELLANEOUS PROVISlONS. 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
<br /> Deed of Trust shall be effective unless given in writing and signed by the pariy 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 TrustoPs residence, Trustor shall fumish to
<br /> Lender, upon request, a certifiied 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 aperating 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 Deed of Trust are for convenience purposes on(y and 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 interesz or
<br /> estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent
<br /> ofi Lender.
<br /> Governing Law. This Deed of Trust will be governed by federal law appGcable to Lender and, to the extent not
<br /> preemptetl by federal law,the laws of the State of Nebraska wrthout regard to its conflicts of law provisions. This
<br /> Deed of Trust has been accepted by Lender in the State of Nebraska.
<br /> Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's eequest to submit to the jurisdiction of the
<br /> courts of Buffalo County, State of Nebraska.
<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 detay or omission on the part ofi Lender in exercising any right
<br /> shall operate 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 of Lender's right otherwise to demand strict compliance with that
<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 Lender`s rights or of any of Trustor`s obligations
<br /> as to any future transactions. Whenever the consent of Lender is 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 /> such consent is required and in all cases such consent may 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 rnake the offending provision illegal, invalid, or
<br /> unenfo�ceable as to any other ciroumstance. If fieasible, the offending provision shall be considered modified so
<br /> that it becomes legal, valid and enforceable. If the o#ending provision cannot be so modifiied, it shall be
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