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201403672
<br /> D�ED OF TRUST
<br /> L.oaro No: 681175-1 �Con�inued] Page 6
<br /> appointed under this Deed of Trust by an insYrument executed and acknowledged by Lender and recorded in the
<br /> office of the recorder of Hall County, State of Nel�raska. The instrumert shail contain, in addition to all oiher
<br /> matters required by state law, the names nf the original Lender, 7rustee, and Trustor, the baok and page (or
<br /> computer system reference} where this Deed of Trust is recorded, and the name and address of th� successor
<br /> trustee, and the instrument shall be executed and ac[cnowledged by all the beneficiaries �tnder this beed of Trust or
<br /> their successors in interest. The successor trustee, without conveyance of the Property, shall succeed Yo all the
<br /> title, power, an8 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 al[other provisions for substitution.
<br /> NOTtCES. Ar�y notice required to be given under this �eed of Trust, including without limitation any notice of defa�lt
<br /> and any notice of sale shall be given in writing, and shall be effective when actually delivered, when actually received
<br /> by telefacsimile iunless otherwise required 6y law], when deposited with a nationally recognized overnight courier, or, if
<br /> mailed, when deposited in the United States mail, as first class, certified or registered mail pastage prepaid, directed to
<br /> the addresses shown near the beginning of this �eed of Trust. All capies 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 Yhe beginning af
<br /> this Deed of Trust. Any party may change i#s address far notices under this Deed of Trust by giving formal written
<br /> notice to the other parties, speci#ying that #he purpose of the notice is to change the party's address. For notice
<br /> purposes, �rustor agrees to keep Lender informed at all times of Trustor's curren# 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 nntice
<br /> given to all 7rus#ors.
<br /> M15CELLANEOUS PROV1510NS. The following miscellaneous provisions are a part o#this Deed of Trust:
<br /> Amendments. This Deed of Trust, together with any Fielated Documents, constitutes the entire understanding and
<br /> agreement of the parties as to the matters set forth in this �eed o'f Trust. Na alteration of or amendment to tFis
<br /> Deed af Trust shall be effective unless given in writing and signed by the perty or parties sought to be charged or
<br /> bound by the alteration or amendment.
<br /> Annual Reports. If the Property is used for purposes ather 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 ctetail as Lender shall require, "f�et operating income" shall mean all cash
<br /> receipts from the Property less all cash expenditures made in connection with the operetian nf the Praperty.
<br /> Caption Headings. Caption headings in this Deed vf Trust are for convenience purposes only and are not to be
<br /> used to interprec or define the pravisions 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 6y ar for the benefit of Lender in any capacity, without the written consent
<br /> of Lender.
<br /> Governing Law. This Deed of Trust will be go�ernad by federal law applicable to Lender and, to the extent not
<br /> preempfied by federal law,the faws of#he 5tate of Nebraska without ragard to its conflicts of law pro�isions. This
<br /> Deed of 7rust has heen accepted by Lender in the State of Nebraska.
<br /> Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the
<br /> courts of Hall County, State o#Nebraska.
<br /> Joint and 9everal Lia6ility. All a6[igations of Trustor under this Deed of Trust shall be joint and several, and all
<br /> references to Trustnr shall mean each and every Trustor. This means #hat each Trustor signing below is
<br /> responsible fvr all obligations in this Deed o#Trust,
<br /> No Waiver by Lender. Lender shal[ not be deemed to ha�e waived any rights under this Deed af Trust unless such
<br /> wai�er is given in writing and signed 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 any other right. A waiver by [.ender 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 thet
<br /> provision or any other provision of this Deed of Trus#. No prior waiver by Lender, nor any caurse of dealing
<br /> between Lender and Trustor, shall constitute a waiver of a�y of Lender's rights or of any of Trustor's obligations
<br /> as to any future transactions. Whenever #he consent of Lender is required under this Deed of Trust, the granting
<br /> of such consent 6y Lender in any instance sf�al{ not constitute continuing consent to su6sequent instances where
<br /> such consent is required and in all cases such consent may be granted or withheEd in the sole discretian of Lender.
<br /> Severab9lity. 1f a coe�rt of competent jurisdiction finds any provision of this Deed of Trust to be illegaf, in�alid, or
<br /> unenforcea6le as fo any person or circumstance, that finding shall no# make#he offanding pro�ision illega[, invalid,
<br /> or unenforceable as to any other person or circumstance. ]f feasible, the nffending provisian shall be considered
<br /> modified so that it becomes [ega3, valid and enforceable. If the offending provision cannot ba sa modified, it shall
<br /> be considered deleted from this �eed of �frust. Unless otherwise required by law, the illegality, invalidity, or
<br /> unenforceability of any provis+on of this Deed of 7rust shall not affect the legality, �alidity or enforceability of any
<br /> other provision of this beed of Trust.
<br /> Successars and Assigns. Subject to any limitations stated in this Deed of Trust on transfer pf Trustor's interest,
<br /> this deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. �f
<br /> ownership of the Property becomes vested in a person other than Trustor, Lendar, without notice to Trustor, may
<br /> deal with Trustor's successors with reference to this Deed of Trust and the Endebtedness by way of€or6earance or
<br /> extension without releasing Trustor#rom the o6ligations of this �eed of Trust or liability under the Indebtedness.
<br /> Time is of the Essence. Time is of the essence ia the performance of this Deed of Trust.
<br /> Waiver of Hqmestead E.xemptian. Trustor herehy releases and waives all rights and beneFits ofi fhe homestead
<br /> exemption laws of the State of Nebras[ca as#o all lndebtedness secured by this Deed of Trust.
<br /> DEFINITIONS. The following capitalized words and terms shail have the following meanings when used in this Deed of
<br /> Trust Unless specifically sta#ed to the contrary, all references to dollar amounts shall mean amnunts in lawful money
<br /> of the United States of America. Words and terms used in the singular sE�all include the plural, and the plural shall
<br /> include the singuiar, as the context may require. Wards and terms not atherwise defined in this Deed of Trust shafl
<br /> have the meanings attributed to such terms in the Uniform Commerciaf Code:
<br /> Beneficiary. The word "Beneficiary" means Frst National Bank of Omaha, and its successors and assigns.
<br /> Borrower. The wortf "Borrower" means Stephanie J Baharian and Hoveek 0. Baharian and includes al! co-signers
<br /> and co-makers signing the Note and all their successors and assigns.
<br /> Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and
<br /> includes without limitation all assignment and security interest pro�isions relating to the Personal Property and
<br /> Rents.
<br /> Default. The word "Default" means the �efault set forth in this Deed of Trusi in the section titled "�efault".
<br /> En�ironmental Laws. The words "Environmental Laws" mean any and a[I state, €ederal and local statutes,
<br /> regulations and ordinances relating to the protection of human health or the environment, induding without
<br /> 19mitation the Comprehensive En�ironmental Response, Campensation, and Lia6ility Act of 1980, as arrsended, 42
<br /> U.S.C. Section 9fi01, et seq. i"CERCLA"f, the Superf�nd Amendments and Reauthvrization Act of 1985, Pub. L.
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