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��-28-200o DEED OF TRUST ��,�� Page s Loan No 1083294 (Continued) MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: Amendmsnts. This Deed of Trust,together with any Related Documents,constitutes the entire understanding and agreement of the parties as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Desd of Trust shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annuel Reports. If the Property is used for purposes other than Trustor's residence,Trustor shall furnish to Lender, upon request,a certified statement of net operating income received from the Property during Trustor's previous fiscal year in such form and detail as Lender shall require. "Net operating income"shall mean all cash receipts from the Property less all cash expenditures made in connec6on with the operation of the Property. Applicable Law. This Deed of Trust has been delivered to Lender and accepted by Lender in the State oi Nebreska. This Deed of Trust shall be yovemed by and construed in accordance with the laws of the State of Nebraska. Caption Fkadinys. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define the provisions of this Deed of Trust. Merper. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the Properfy at any time held by or for the beneflt of Lender in any capacity,without the written consent of Lender. Multiple Panies. All obligations of Trustor and Borrower under this Deed of Trust shall be joint and several,and all references to Borrower shall mean each and every Borrower,and all references to Trustor shall mean each and every Trustor. This means that each of the persons signing below is responsible for all obligations in this Deed of Trust. Severabiiity. If a court of competent jurisdiction finds any provision of this Deed of Trust to be invalid or unenforceable as to any person or circumstance, such finding shall not render that provision invalid or unenforceable as to any other persons or circumstanc�s. If feasible,any such offending provision shall be deemed to be modifled to be within the limits of enforceability or validity; however, if the offending provision 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. Successors and Assigns. Subjeci to the limitations stated in this Deed of Trust on transfer of Trustor's interest, this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person other than Trustor, Lender, without notice to Trustor, may deal with Trustor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Trustor irom the obligations of this Deed of Trust or liability under the Indebtedness. Time Is of the Essence. Time is of the essence in the performance of this Deed of Trust. Walvers and Consents. Lender shall not be deemed to have waived any rights under this Deed of Trust (or under the Related Documents) unless such waiver is in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by any party of a provision of this Deed of Trust shall not constitute a waiver of or prejudice the party's right otherwise to demand strict compliance with that provision or any other provision. No prior waiver by Lender, nor any course of dealing between Lender and Trustor or Borrower,shall constitute a waiver of any of Lender's rights or any of Trustor or Borrower's obligations as to any future transactions. Whenever consent by Lender is requi�ed in this Deed of Trust,the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required. Waiver of Homestead Exemptlon. Trustor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of Nebraska as to all Indebtedness secured by this Deed of Trust. EACH TRUSTOR ACKNOWLEDGES HAV READ ALL THE PROVISIONS OF THIS DEED OF TRUST,AND EACH TRUSTOR AGREES TO ITS TERMS. TRUSTOR: � i X JER 'BRIEN O IE INDIVIDUAL ACKNOWLEDGMENT STATE OF N '��IqS.�C,� ) )SS COUNTY OF Ih"/'k'�--1.. � On this day before me, the undersigned Notary Public, personally appeared JERRY D O'BRIEN and PEGGY A O'BRIEN, to me known to be the individuals described in and who executed the Deed of Trust,and acknowledged that they signed the Deed of Trust as their free and voluntary act and deed,for the uses and purposes therein mentioned. Given under my hand and offlcial seal ihis �$ day of " IV 1i f`�61`/ ,20 O�V ,.��, By GENERAL NOTARY�State of Nebraska Notary Public in and r the State of ill DICK D.NIETFELD Residing at My Comm.Exp.lan.20,200t My commission expires ._ �� !} , � � ,; , °; �, '. s" �