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y2-28-1999 DEED OF TRUST ��d��� 1 i�► Page 6 <br /> Loan No 1065770 (Continued) <br /> Fw notk:e purposes,Trustor agrees to keep Lender and Trustee informed at all times of Trustor's current address. <br /> MISCE]1ANEOUS PROVISIONS. Tha following miscellaneous provisions are a part of this Deed of Trust: <br /> Amendments. This Deed of Trust,together with any Related Dxuments,constitutes the entire understanding and agreement of the parties as <br /> to the matters set forth in thls Deed of Trust. No alteration of or amendment to this Deed of Trust shaA be effective unless pive�in writinp and <br /> signed by the party or parties sought to be charged or bound by the alteration or amendment. <br /> Mnual Reports. If the Property is used for purposes other than Trustor's residence,Trustor shall furnish to Lender, upon request,a certified <br /> statement of net operating income received from the Property dur(ng Trustor's previous fiscal year in such form and detail as Lender shaH <br /> require. "Net operating income"shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation <br /> of the Property. <br /> Applicable Law. This Deed of Trust has been delivered to Lender aod accepted by Lender in the State of Nebraska. This Deed of Trust <br /> shall be yovemed by and construed in accordance with the laws of the State of Nebraska. <br /> Captlon Headinps. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or deflne the <br /> provisions of this Deed of Trust. <br /> Merqer. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the Propeity at any <br /> time held by or for the benefit of Lender in any capacity,without the written consent of Lender. <br /> Multiple Parties; Corporate Authorliy. All obligations of Trustor under this Dsed of Trust shall be joint and several, and all references to <br /> Trustor shall mean each and every Trustor. This means that each of the persons signing below is responsibte for dt obligations in this Deed of <br /> Trust. <br /> Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be invalid or unenforceable as fo any person or <br /> circumstance, such flnding shalt not render that provision invalid or unenforceable as to any other persons or circumstances. Ii feasible,any <br /> such offending provision shall be deemed to be modified to be within the limits of enforceability or validity; however,if the offending provision <br /> cannot be so modified,it shall be stricken and all other provisions of this Deed of Trust in all other respects shall remain valid and enforceable. <br /> Successors and Asslqns. Subject to the limitations stated in this Deed of Trust on transfer of Trustor's interest,this Deed of Trust shaN be <br /> binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person <br /> other than Trustor, Lender, without notice to Trustor, may deal with Trustor's successors with reference to this Deed of Trust and the <br /> Indebtedness by way of forbearance or extension without releasing Trustor from the obligations of this Deed of Trust or Iiability under the <br /> Indebtedness. <br /> Time Is of the Essence. Time is of the essence in the performance of this Deed of Trust. <br /> Waivers and Consents. Lender shall not be deemed to have waived any rights under this Deed of Trust(or und�the Related Dxumenis) <br /> unless such waiv�is in writing and signed by Lender. No delay or omission on the part of Lender in exercisinq any right shaN operate as a <br /> waiver of such right or any other right. A waiver by any party of a provislon of this Deed of Trust shall not constitute a wefver of or prejudice the <br /> party's right otherwise to demand strict compliance with that provision or any other provision. No prior waiver by Lender, nor any course of <br /> dealing between Lender and Trustor, shall constitute a waiver of any of Lenders rights or any of Trustor's obl(gations as to any future <br /> transactions. Whenever consent by Lender is required in this Deed of Trust,the granting of such consent by Lend�in any instance shaN not <br /> constitute continuing consent to subsequent instanc�where such consent is required. <br /> Walver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of <br /> Nebraska as to all Indebtedness secured by this Deed of Trust. <br /> EACH TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST,AND EACH TRUSTOR AGREES TO ITS <br /> TERMS. <br /> TRUSTOR: <br /> REAL EST TE GROU�F GRAND ISLAND,INC. <br /> , � By: �C'�c�a� �r,����r� _ <br /> DON D COBLE,PRE D CAROLYN LOSC EN,SECRETARY/TREASURER <br /> CORPORATE ACKNOWLEDGMENT <br /> Pr <br /> , <br /> STATE OF �L ��V ��� 1 <br /> � � )88 <br /> COUNTY OF ��G� `�r� � 1 <br /> On this ��day of �C'�'�" � 19"l�, before me, the undersigned Notary Public, personally appeared GORDON D <br /> COBLE,PRESIDENT;and CAROLYN LOSCHEN,SECRETARY/TREASURER of REAL ESTATE GROUP OF GRAND ISLAND,INC.,and known to <br /> me to be authorized agenis of the corporation that executed the Deed of Trust and acknowledged the Dsed of Trust to be the free and vduntary ect <br /> and deed of the corporation,by authority of its Bylaws or by resolution of its b d of directors,for the u nd purposes therein mentioned,and on <br /> oath stated that they are suthorized to execute this Deed of Trust a�d in fact e Uted the D dlo r ehalf of the corporation. <br /> gY /" n 1 ' �l�1 <br /> _ GENERAL NOTARY-Stata of Nehraska Notary Public in and Mr he r <br /> ��� SNERRI L.O'CALtAGHAN Residiny at <br /> My Comm.E�.Sept.28,2003 ,L� 'D-� <br /> My commission expires <br /> 4 � <br /> � �+�.. .� !. � .. _ .. . <br />