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2� 17��453
<br /> D�ED �F TRLJST
<br /> Laan No: '1 D"I 3�'I 586 �Contirlu�d� Page 3
<br /> their successors in interest. The successor trustee, with�ut can�eyance vf the Praperty, shall �ucceed to all the
<br /> title, pawer, and duties eonferred upvn the Trustee in this Deed of Trust and by applicable law. This pr�cedure for
<br /> subst�tution of Trustee sha11 go�ern to the exclusion af all other pr��isions far substitutivn.
<br /> NDTICES. Any natice requ�red t❑ be gi�en under this Deed ❑f Trust, including without fimitation any notice of default
<br /> and any nvtice of sale shall be gi�en in writing, and shall be effecti�e when actually deli�ered, when actuaily rece'r�ed
<br /> by tele#acsimi�e tunless vtherwise required by lawy, when depvsited with a natianalEy recagnized o�ernight courier, vr, if
<br /> mailed, when deposited in the tJnited 5tates mail, as first class, cert��ied ar regi�tered mail pnstage prepafd, directed to
<br /> the addresses shawn near the beginning of this ❑eed af Trust. All capies of n�ti�es of fore�losure fram the holder ��
<br /> any lien whiGh has priority o��r this Deed of Trust shall be sent t❑ Lender's addr�ss� as shown near the �eginning af
<br /> this ❑eed vf Trust. Any party may change its address for nvticss under this Deed o# Trust by gi�ing formal written
<br /> notice t❑ the ❑ther parties, specifying that the purpose ❑f the noti�e is to change the party's address. Fvr nv�ice
<br /> purposes, Trust�r agrees ta k�ep Lender infvrmed at a!I times of Trustvr's current address. Un�ess otherwise pra�ided
<br /> vr required by �aw, if the�e is mare than one Trustar, any notice gi�en by Lender to any Trustor is deemed to be notice
<br /> gi�en to all Trustvrs.
<br /> MISGELLANEOUS PRDVIS��NS. The follawing miscellaneous pra�isians are a part of this ❑eed of Trust:
<br /> Amendments. This Deed ❑f Trust, together with any Related Documents, Gvnstitutes the entire understanding and
<br /> agreement of the parties as ta the matters set forth in �his ❑eed ❑f Trust. No alteration of or amendment to this
<br /> ❑eed o# Trust shalf be effecti�e untess g��en in wri�ing and signed by the party ar parties sought to be charged ❑r
<br /> bound by the afterativn or amendment.
<br /> Annual Reports. If the Property is used for purpvses other �han Trustor's r�sidence, Trustor shalf furnish to
<br /> Lender, upon request, a certified statement of net operating income recei�ed from the Property dur�ng Trustor's
<br /> pre�ivus fisca� year in such #orm and detail as Lender shall require. "Net ❑perating in��me" shall mean all cash
<br /> �eceipts firom the Prnperty less all cash expenditures made in Gonne�tian with the operatian af the Property.
<br /> Caption Headings. Caption headings in this Deed ❑f Trust are for con�enience purposes on�y and are not to be
<br /> us�d to interpret or define the pro�isians of this Deed ❑f Trust.
<br /> Merger. There shall be no merger vf the interest vr estate created by this Deed of Trust with any vther interest or
<br /> estate in the Prvperty at any time held by or for the benefit ❑f Lender in any capa�ity, without the written cansent
<br /> �f L�nder.
<br /> Gv�erning Law. This ❑�ed vf Trust will be governed by federal law appri�ahle ta Lender and, ta the extent nvt
<br /> preempted �y federal law, the �aws of the 5tate of Nehraska withaut regard to its canflicts of law pro�isians. This
<br /> Deed vf Trust has been accepted by Lender in the State of Nebraska.
<br /> Cho�ce of Venue. If there is a �awsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the
<br /> courts vf Hall County, State of Nebraska.
<br /> Jaint and 5e�erai Liabiiity. All vbligati�ns ❑f Barrawer and Trustor under this Deed ❑f Trust sha[l be join# and
<br /> se�eral, and all references ta Trustar shall mean each and e�ery Trustor, and all references to 6flrrower shall mean
<br /> each and e�ery 6orrvwer. This means that each Trustor signing b�low is respansible for all obligatians in this Deed
<br /> of Trust.
<br /> No Wai�er by Lender. Lender sha!! not be deemed tn ha�e wai�ed any rights under this Deed of Trust unless such
<br /> wai�er is gi�en in writ�ng and signed by Lender. No delay❑r ❑missivn on the part vf Lender in �xercising any �ight
<br /> shal� �p�rate as a wai�er �f such right ❑r any ❑ther right. A wai�er by Lender ❑f a pro�ision ❑f this D�ed ❑f Trust
<br /> shall no� prejudice or const�tute a wai�er of Lender's right otherwise to demand strict compliance with that
<br /> pra�ision or any ❑ther pro�isian af this Qeed of Trust. No priar wai�er by Lender, nor any Gaurse ❑f dealing
<br /> t�etween Lender and Trustflr, shalt constitute a wai�er of any af Lender's rights ar af any of Trustar's �biigati�ns
<br /> as ta any future transa�tions. VVhene�er the �ons�nt of Lender is required under this ❑eed of Trust, the granting
<br /> ❑# such consent by L�nder in any ins�ance shafl not canstitute continuing consent to subsequent instances where
<br /> such consent is required and in all �ases su�h cvnsent may be g�anted or withheld in the svle discretion of Lender.
<br /> SeWerabilEty. If a court of compe#ent ;urisdiction finds any pro�is+on of this Deed of Trust to be illegal, in�a�id, �r
<br /> unen�orceable as ta any person ar circumstance, that finding shafl nflt ma�� the otfending pro�isi�n illegal, in�alid,
<br /> or unenfar�eable as t❑ any other persan �� �ircumstance. I� teasible, the offending pro�Esivn shall be �ansidered
<br /> modifxed so that it becom�s legal, �alid and enforceabl�. !f the affending pro�isian cannot be sv modified, it shall
<br /> be considered deleted f�vm this Deed of Trust, Un�ess otherwise r�quired by law, the iilegality, in�alidity, ❑r
<br /> unenforc�ability ❑f any pr��ision of this Deed of Trust shal� nvt affect the lega�ity, �alEd�ty ❑r enforceability ❑f any
<br /> ❑ther pro�isian af this Deed of Trust.
<br /> Successors and Assigns. Subject to any Eimitations stated in this Deed of Trus� ❑n transfer a# Trustvr's interest,
<br /> this ❑eed ❑t Trus� shall be b�nding �p�n and inure t❑ the benefit at the parties, their su�ce�sors and assigns, If
<br /> ❑wnership of the Prvperty t�ecames �ested in a person �ther than Trustor, Lender, without notice to Trustor, may
<br /> deal with Trustar's successvrs with reference tv this Deed af Trust and the Indebtedness by way af fvrbearance or
<br /> extension without releasing Trustvr from the abli�ations af this De�d��Trust or liability under the lndebtedness.
<br /> T�me is af the Ess�nce. Time is of the essen�e in the performan�e❑f this Deed of Trust.
<br /> Wai�er of Homestead Exemptian. Trustar hereby releases and wai�es all rights and benefits of the homes�ead
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