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2� 1 ��2453
<br /> DEED �F TRUST
<br /> ���ntlnued} Page 7
<br /> preparing and filing a map vr plat �� the Real Praperty, including the dedi�ation of streets or other r�ghts to the
<br /> publi�; 4b} join in granting any easement or creating any res�ricti�n on the Real Prvperty; and 4G� join in any
<br /> subordination ar❑ther agreement af�ecting�his Deed vf Trus�or the interest❑f Lender und�r this Deed af Trust.
<br /> Trustee. Trus�ee shall meet all quali�ica�ians required for Trustee under applicable law. In addi�ion to the rights
<br /> and �emedies set forth abo�e, with respect to all or any part o� the Prvperty, the Trustee shall ha�e the righ� to
<br /> �vrecfvse by notice and sale, and Lender sha�l ha�e the right ta for�c�ose by judiCia[ forec�osure, in e€fiher case in
<br /> accordanc� wi�h and t❑the full extent pro�ided hy applicable law.
<br /> Successor Trustee. Lender, at L�nder's op�ion, may fram time t��ime appoin�a suc��ssor Trus�ee tv any Trustee
<br /> appointed under th�s ❑eed ofi Trust by an instrument exe�u�ed and acknowledged by Lende� and recorded in �he
<br /> office of the recarder of HALL County, 5�ate of Nebraska. The instrument shall contain, in addi�ion �o a11 ❑ther
<br /> matters �equired by state law, th� names of th� ❑riginal Lender, Trustee, and Trustor, the �ook and page �vr
<br /> camput�r system re�e�ence� where �his Deed v€ Trust is recvrded, and the name and address �f the successor
<br /> truste�, and the instrum�n�shall be execu�ed and acknawledged by all the heneficiaries under this Deed vf Trus�or
<br /> their successors in int�rest. The successor trustee, withou� con�eyance vf the Prvperty, sha11 succeed t� all the
<br /> ti�le, power, and duties conferred upon the Trustee in this Deed of Trust and hy applicaE�[e law. This p�ocedure�or
<br /> substitution of Trustee shall go�ern ta the exclusi�n vf all vther pro�isions for substitutian.
<br /> N�TICES. Any no�ice required �a be gi�en under this ❑eed af Trust, inciuding without limitation any notice flf default
<br /> and any natice of safe shall be gi�en in writing, and shall be effecti�e when ac�ually del��ered, when actually reGei�ed
<br /> �y�elefacs�mile �unless otherwise required by law�, when deposited with a nationally recagnized o�ernight courier, or, if
<br /> mailed, when deposited in the LJn�t�d States ma€f, as first class, certi�ied or registered mai� postage prepaid, direc�ed t❑
<br /> � the addr�sses shown n�ar the beg�nning of this Deed of Trust. Afi copies of no#i�es ���or�clasure from the holder ��
<br /> any li�n which has prinrity o��r �h�s ❑eed ofi Trust shall [�e sent to Lender's address, as shown near �he beginning of
<br /> this Deed of Trust. Any party may change its add�ess �vr n�rtices under this Deed o� Trust by gi�ing �formal written
<br /> nvtice to the other parties, sp�c��y�ng that the purpase of the nat�ce is tv change �h� party�5 address. For notice
<br /> purposes, Trustor agrees�o keep Lender infarmed at all �imes o�Trustvr's current address. lJnless �therwise pro�id�d
<br /> or required by law, �f�her� is more �han one Trustor, any not�ce gi�en by Lender t� any Trustar is deemed t❑ be notice
<br /> gi�en t❑ all Trustors.
<br /> NiISCELLANE�US PR�VISIaNS. The follawing mis�ellaneous pro�isions are a part o�this ❑eed of Trust:
<br /> Amendments. This Deed of Trust, �oge�her with any Related ❑ocuments, Cons�itu�es the entire understanding and
<br /> agreem�nt af the parties as to the matters set �vrth in this ❑eed of Trust. No alteration ��or amendment to �his
<br /> Deed a�Trust sha�� b� effe�tiv� un�ess gi�en in writing and signed �y the par�y or parties sflught to be charged or
<br /> bound by th� alterativn or amendment.
<br /> Annual Reports. ff �he Property is used �or purposes other than Trustor's resid�nce, Trustar shall furnish to
<br /> Lender, upon request, a certi#ied statement of net vperating incame recei�ed �rvm �he Property during T�ustor's
<br /> pre�ious fiscal year in such �orm and detail as Lender sha�l require, "Net aperating incvm�" shall mean af� cash
<br /> receipts�rom the Property less al[ cash expenditures made in conne�tian with the operat�on o�the Property.
<br /> Caption Headings. Caption headings in this Deed o� Trust are far con�enience purposes only and are not tv be
<br /> used to in�erpr�t or define the pra�isions of this ❑eed af Trust.
<br /> Merger. There shall be no merger of the interest ar�stat� created by this Deed o�Trus� wi�h any other interest or
<br /> esta�e in the Praperty at any time held by or fvr the benefit o# Lender in any capac�ty, without the wri��en consent
<br /> of Lender.
<br /> Gv�e�ning Law. This Deed a# Trust will be gv►►erned by federal law applicable to Lender and, to the extent not
<br /> preemp#ed by�ed�ral law,the laws of the State v�Nebraska w�#hvut regard to its�onflicts of law pro�isions. This
<br /> Deed af Trus�has been accepted by L�nder in the 5#ate o�F Nebraska.
<br /> �hoice of Venue. lf there is a �awsui�, Trustor agrees upon Lender's request to submi� t❑ the �urisdictivn o� �the
<br /> courts of Ha[� Cvunty, State o�Nebraska.
<br /> N�Wai�e�by Lender. Lende�shall nvt be deemed to haUe wai�ed any rights under this Deed of Trust unless such
<br /> wai��r is gi�en in writing and signed by Lender. No delay or omission fln the part o# Lender in exercising any right
<br /> shall aperate as a wai�er vf su�h right or any other right. A wai�er by Lender a#a pro�ision a�this Deed o�Trust
<br /> shall not prejudice or �ons�i�ute a wai�er o� Lend�r's righ� otherw�se to demand s#rict complian�e with that
<br /> pro��sion or any other pro�isi�n of this Deed o� T�ust. No prior wa��er by Lende�, n�r any course of dealing
<br /> between Lender and Trustor, sha�l constitute a wai�er of any o� Lendsr's rights or of any a�F Trustar's vbligations
<br /> as to any �uture transactions. V1lhene�er the �vnsen� of �ender is required under this ❑eed of Trust, the gran�ting
<br /> o� such consent �y Lender in any instance shall no� cons�itute continuing consent to subsequent instances where
<br /> such consent is required and in all cases such cvnsent may b�granted or withheld in the svle discretion of Lender.
<br /> 5e�erability. I� a court of cvmpe�en#jurisdiction finds any pro��sion of th�s Deed of Trus�to be ill�gai, in�alid, or
<br /> unen�orceable as to any c�rcumstance, tha� �inding shafl nat make the of�ending pro�isian illegal, in�alid, or
<br /> unenforceable as to any other circumstance. if �easible, the o�fending pro�ision shall be considered modified sv
<br /> tha� i�t b�comes �ega[, �alid and en�n�ceable. lf the o��ending pro�is�on cannot �e so madi�ied, it shall be
<br /> cvnsidered deleted firom this Deed a# Trus�. Un�ess atherwise required by �aw, �he i[fega�ity, in�alidity, or
<br /> unenforceabili�y of any prv�ision vf�h�s Deed of Trust shall no� affec�k�he legality, �alidity or enfor�eabi�ity of any
<br /> o�her pra��sion of this Deed of Trust.
<br /> 5u���ssvrs and Assigns. Suk�ject to any limitations s�a�ed in this Deed o�f Trus� on trans�er of Trusto�'s in�erest,
<br /> this Dsed of Trust shall be k�inding upon and inure to the benefit ❑# the par�ies, their successors and assigns. If
<br /> ownership o��he Property becames �est�d in a persan o�her�han Trus�or, Lender, withou� notice �o Trus�or, may
<br /> deai wi�h Trustar's su��essors wi�h refe�ence tfl this Deed af Trust and�he �ndebtedness by way a��orbearance or
<br /> extension without releasing Trustor from the abligations❑f th�s Deed vf Trust or liak�ility under the Indeb�edness.
<br /> Time is o#the Essen�e. Time is of the essence in the performanc�o#this Deed v�Trust.
<br /> Vllaive Jury. A!I par�ies #a�his Deed nf Trust hereby wai���he right tv any jury tr�al in any action, prv�eeding. or
<br /> counterclaim hrough�by any party against any other pa�rty.
<br /> Wai�e�r of Hvmes�ead Exemption. Trustor hereby releases and wai�es all rights and benefits o� the homestead
<br /> exemp�tian faws vf�he State of Nebraska as t❑ all �ndebtedness se�ured by this Deed a�Trust.
<br /> DEF�NITt�NS. The following capitalized w�rds and �erms shall haVe the following mean�ngs when used in this Deed vf
<br /> Trust. Unless specifiically stated to the cantrary, all references �o dollar amaunts shall mean amounts in lawful money
<br /> of the United States of America. Words and terms used in the singular shall inciude the plural, and the plura[ shall
<br /> include the singular, as �h� contex� may require. VVD�C�S and terms not ath�rwise defined in th�s ❑eed ❑f Trust shall
<br /> ha�e the meanings attribut�d to sueh terms in the Uniform Cammercial Code:
<br /> Beneficiary. The w�rd "Benefi�ia�y" means Ex�hang� 6ank, and i�s successors and assigns.
<br /> Barrower. The wa�d "Borrvwer" m�ans BECKETT, I NC. and in�ludes all cQ-signers and co-makers signing the Not�
<br /> and all their successors and assigns.
<br /> Deed v� Trust. The words "Deed of Trust" mean this De�d of Trust among Trustvr, Lender, and Trustee, and
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