|
2� 1 ��7781
<br /> oEEa �F TRusT
<br /> Laan No: ��'I 3��'I�'1 �Cont�nued� Page 9
<br /> computer system ref�rence� where this Deed vf Trust is recarded, and the name and address of the successar
<br /> trustee, and the instrument shail be executed and acknvwfedg�d by ail the benefi�iaries under this Qeed ofi Trust vr
<br /> their successors in interest. The successor trustee, without con�eyance af the Rroperty, shail su�ceed t❑ al! th�
<br /> title, power, and duties conferred upon the Trustee in this Deed af Trust and by applicable �aw. This procedure far
<br /> substitution of Truste� shall ga�ern ta the exclusion ofi all other pro�isions fvr substitution.
<br /> NQTICES. Any n�tice required to be gi�en under this Deed ❑f Trust, in�iuding without limitativn any notice of default
<br /> and any r�atice ❑f sale shall be gi�en in writing, and shall be etteeti�e when actually defi�ered, when acrually rec�i�ed
<br /> by tel�fac��mile �unless ❑therwise required by law}, when depasited with a nationa�ly recognized o�ernight caurier, or, if
<br /> matled, when depasited �n the United 5tates mail, as firs� class, c�rtified ❑r registered mail postage prepaid, d�rected t❑
<br /> the addresses shown near the beginning flf this Deed ❑f Trust. All capies of notices vf fareclosure from the holder of
<br /> any li�n which has prinrity o�er �his aeed of Trust shall be sent to L�nder's address, as shown near the heginning of
<br /> this �eed of Trust. Any party may change its address far notices under this Deed of Trust by gi�ing formal written
<br /> natfce to the vther parties, sp�cifying that the purpvse af the notice fs tv change the party's address. Fvr notice
<br /> purpases, Trustor agrees to keep Lender in#ormed at a#j times vf Trustor's current address. Unless otherwise pro�ided
<br /> ❑r required by law, if ther� is more than ane Trustor, any noti�e gi�en by Lender �a any Trustvr is deemed to be natE�e
<br /> gi�en to a�l Trustvrs.
<br /> M15CELLANE�US PR�V15��N5. The follawing miscef�aneous pra�is€ons are a part of this ❑eed �f Trust:
<br /> Amendmen#s. Th�s Deed ❑t Trust, together with any Refated Documents, constitutes the entire understanding and
<br /> agreement af the parties as to the matters set forth in this Deed of Trust. IVa alteration of or amendment tv this
<br /> Deed ❑f Trust shall be effeGti�e unless gi�en in writing and signed by the party ❑r parties sought to be charged or
<br /> baund by�he alterati�n vr amendment.
<br /> Annual Repvrts. lf the Property is used far purposes other than Trustar's residence, Trust�r shall furnish t❑
<br /> Lender, upon request, a �ertified statement of net ❑perating incame received from the Praperty during Trustvr's
<br /> pre�ious fiscal year in such fvrm and detail as Lender shall require. "Net �perating income" shall mean all cash
<br /> re�eipts frvm the Praperty iess all cash expenditures made in connection with the operativn vf the Praperty.
<br /> Capti�n Headings. Captian headings in this Deed ❑f Trust are for con�enience purpases ❑n�y and are not ta �e
<br /> used to interpret ar define the pro�isians o�this Deed ❑f Trust.
<br /> Merger. There shali l�� no merger ❑f the interest ❑r estate �reated by th�s Deed of Trust with any ❑�her interest 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 /> of Lender.
<br /> Gv�e�ning Law. This Deed vf Trust wil[ he gvverned by federal law applicable fo Lender and, tv �he extent nvt
<br /> preempted by federal �aw, the laws ❑f the State of Nebraska withvut regard tv its confiicts ❑f faw pro�isians. This
<br /> D�ed of Trust has been accepted by Lender in the State of Nebraska.
<br /> Chaice a� Venue. �t th�re ts a lawsuit, Trustor agrees upon Lender's rsquest to sut�mit to t�e ju�isdiction ❑t the
<br /> courts af Hall County, 5tate ❑f Ne�raska.
<br /> Joint and 5e►►erai Liahility. All obligations �f Borrower and Tfustor under this ❑eed of Trust shall be joint and
<br /> se�era�, and all reterences to Trustor shall mean each and e�ery Trustar, and all re#erences t� Borrawer shall mean
<br /> each and e�ery Borrower. This means that each Trustar signing below is responsible for a�l obligatians in this Deed
<br /> ❑f Trust.
<br /> No Wai�er by Lender. Lender shai� not be deemed to ha�e wai�ed any righ�s under this ❑eed of Trust unless such
<br /> wai�er is gi�en in writing and signed by Lender. No de�ay ar omissian on the part ot Lender in exercising any right
<br /> shall aperate as a wai�er ❑f such right vr any other right. A wai�er by Lender ot a prv�isian �f �his Deed of Trust
<br /> shall not prejudice �r canstitute a wai�er af L�nder's right ❑therwise tv demand strict compliance with that
<br /> pro�ision or any ❑ther pro�ision of this ❑eed of Trust. No prior wai�er by Lender, nor any cnurse ❑fi dealing
<br /> betw�en Lender and Trustor, sha�i constitute a wai�er of any af Lender's rights or af any fl� Trustor's obi�gatians
<br /> as to any future transac�ions. Whene�er the cansent of Lender is required under �his Deed ❑f Trust, the granting
<br /> af such cansent by Lender in any instanc� shall not canstitu�e cantinuing �ansent ta subsequent instances where
<br /> su�h �onsent is required and in atj cases such �onsent rnay be granted or withheid in the sole dis�retivn vf Lender,
<br /> 5e�erabilEty. lf a cvurt ❑f campetent jurisdiction finds any pro�isian vf this ❑eed af Trus� tv be iliegal, in�alid, ❑r
<br /> unenforceable as tv any person or circumstance, that finding shall not make the �ffending �ro�isian illegal, in�alid,
<br /> or unenforceable as to any �ther pe�son ar circumstance. If feas+#�le, the ot#ending pro�ision shall be considered
<br /> madified so that it be�omes legal, �alid and enfor�eable. If the offending pro�ision cannot be so modi#ied, it shail
<br /> be cons�dered deleted from this Deed of Trust. Unless otherwis� required by law, the illegality, in�alidity, or
<br /> unenfvrceability ❑f any pro�ision af this Deed of Trust shall not affect the legality, �af�dity or enforceability �f any
<br /> ❑th�r pr��isian of this Deed of Trust.
<br /> Successors and Assigns. Subject ta any �imitations stated in this Deed flf Trust on transfer of Trustor's interest,
<br /> this Deed of Trust shall be binding upon and inure to �he ben�fit af the parties, their succes�ors and assigns. if
<br /> ownership of the Property becames �ested in a pers�n other than Trust�r, Lender, without noti�e to Trustor, may
<br /> deal with Trustor's successors with referenGe to this Deed of Trust and the Indebtedness by way❑f forbearan�e or
<br /> extension withvut releasing Trustor from the vbligations ❑f�his Deed ❑f Trust ar liabi�ity under the �ndebtedness.
<br />
|