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2� 17� 14�4
<br /> D�ED C�F TRUST
<br /> Loan No: '1013���7� �C�rltlrlued� Page 9
<br /> NDTICES. Any natice required to be gi�en under this ❑eed afi Trust, in�luding withaut limitation any natice ❑� default
<br /> and any natice of saie shall be gi��n in writing, and shall be effecti�e when actually defi�ered, when a��ually recei�ed
<br /> by telefacsimile �uniess otherwEs� required by law�, when depvsited with a nationally re�ogni�ed v�ernight caurier, or, i#
<br /> mai�ed, when depasited in the United 5tates mail, as first class, certifted ar register�d mail pastage prepaid, directed to
<br /> the addresses shown near the beginning ❑f this ❑eed c�# Trust. A�! �apies of natices of fareGfosur� from the holder of
<br /> any lien which has priority o�er this Deed �f Trust shall be sent to Lender's address, as shawn near the beginning af
<br /> this Deed of Trust. Any par�y may change its address for no�ices under this C]eed of Trust by gi�ing fvrmal written
<br /> natice t� the ❑ther par�ies, specifying that the purpase af the notice is to change the party's address. For noti��
<br /> purpases, Trustar agrees to keep Lender �nfvrmed at a�� times a#Trustor's current address. Unless ❑therwise prv�ided
<br /> or requi�ed #�y law, if there is mare than ane Trustn�, any natice giuen by Lender to any Trustor is deem�d to be nattce
<br /> gi�en to ail Trustors.
<br /> IVI�S�ELLANEDUS PR�V15��NS. The fallowing m�scellanevus pro�isions are a part of this Deed of Trus#:
<br /> Amendments. This ❑eed of Trust, togeth�r with any Related Qo�uments, canstitutes�he entire understanding and
<br /> agreement ot the parties as ta �he matters set farth in t�is L7eed ot Trust. No alterativn ❑f ar amendrrrent to this
<br /> ❑eed af Trust shall be effecti�e unless gi�en in writing and signed by the party or parttes sought ta be Gharged ❑r
<br /> bound by th� alteration�r amendment.
<br /> Annual Repor#s. If the Property is used fvr purposes other than Trust�r's residence, Trustar shaff furnish to
<br /> Lender, upon request, a �ertified statement of net aperating incame re�ei�ed �rom the Prop�rty during Trustor's
<br /> pre�ious fiscal year in Su�h form and detail as Lender shall require. "Net aperating income" shal� mean all cash
<br /> re�eipts #rom the Property less all cash expenditures made in �onnection with the operation�f the Praperty.
<br /> Captian Headings. �aptian headings in this aeed of Trust ar� far can�enience purposes anly and are na� to �e
<br /> used ta interpret or define the pro�isions ❑�this Deed of Trust.
<br /> Merger. There shall be no merger vf the interest�r es�ate created by this Deed ❑f Trust with any ather in�erest or
<br /> estate �n the Prope�ty at any time held by or fvr the benefit ❑f Lender in any capacity, with�ut the written cansent
<br /> of Lender.
<br /> Go�erning Law, This Deed of Trust will be gv�erned by fed�ral law appli�able tv Lender and, tv ths extent not
<br /> preempted by federal law, the laws o�the 5tate vf Neb�aska without regard to its cvnflicts of law prv�isions. This
<br /> Deed af Trust has been accepted by Lend�r in the State of Nebraska.
<br /> Chvice �# Venus. If there is a lawsuit, Trustor agrees upon Lender's request t❑ submit t❑ th� jurisdi�tian of th�
<br /> courts of Hall Caunty, State ❑f Ne�raska.
<br /> Jvint and Se�eral Liability. All vb�igations o� gorr�wer and Trustor under thfs Deed of Trust shall be jvint and
<br /> se�eral, and all referen�es tv Trusta�shall mean each and e�ery Trustar, and a�� refe�en�es to Borrawer shall mean
<br /> each and e�ery Borrawer. This means that ea�h Trustor signing be�vw is responsible fvr all obligat;ons in this ❑eed
<br /> of Trust.
<br /> No Wai�er by Lender. Lender shall not t�e deemed to ha�e wai�ed any rights under this ❑eed ❑f Trust un�ess such
<br /> wai�er is gi�en in writing and signed by Lender. No delay or amission vn the part vf Lender in exer�ising any right
<br /> shall operate as a wai�er of such right ❑r any v�her right. A wai�er by Lender af a prv�isi�n of this ❑e�d of Trust
<br /> shall nnt prejudice or canstitute a wai�er ❑f Lender's right otherwise to demand strict cvmplianc� with that
<br /> pro�isian or any �ther pro�ision of this Deed of Trust. Na privr wai�er �y Lender, nor any course ❑f dealing
<br /> betw�en Lender and Trustvr, shall cvnstitute a wai�er ❑f any ❑f Lender's rights ❑r vf any of Trustor's ❑bligativns
<br /> as �o any future transactions. Whene�er �he cvnsent of Lender is required under this Deed vf Trust, the granting
<br /> ❑f suGh cansent by Lender in any instanGe shall not constitute cantinuing cansent to subsequent instances where
<br /> such �onsent is required and in all �as�s sueh consent may be g�anted ❑r withheld in �he so�e discretion of Lender.
<br /> Se�erahiiity. �f a court of campetent jurisdictivn finds any pro�ision vf this Deed of Trust t❑ be ilfegal, in�alid, ar
<br /> unenforceable as to any persvn ar circumstance, that finding shall not make the affending prv�ision iflega�, in�alid,
<br /> ar unenforceable as to any ather person or cirGumstance. I# feasible, the offending pr��ision shall be cons€de�ed
<br /> modified sa that it becomes legal, valid and enfvrcea�le. If the offending pra�ision cannot be sv madified, it sha��
<br /> be cvnsidered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, in�alid�ty, ar
<br /> unenforceability of any pro�is�on ❑f this Qeed ot Trust shall not affect the lega�ity, �alidity or enforceability ❑f any
<br /> ❑ther pro�ision af this �eed a#Trust.
<br /> Successars and Assigns. 5ubject tv any limitat�ans stated in this Deed of Trust ❑n transfer af Trustor's inter�st,
<br /> this Deed ❑f Trust shal! �e �inding upon and inure to th� benefit of the parties, their successars and assigns. If
<br /> ❑wnership of the Praperty becvmes �ested in a persan other than Trustor, Lender, withouC natice to Trustor, may
<br /> deal with Trustor`s successors w�th re�erence �o this Deed of Trust and the Indebtedness by way of forbearan�e ar
<br /> extension without releasing Trustor from the obligations ❑f this Deed of Trust or liability under the Indebtedness.
<br /> Time is af the Essence. Time is ❑f the essence in the performance of this Deed of Trust.
<br /> Vllai�er o� Homestead Exemption. Trustar hereby releases and wai�es all rights and benefits af the hvmestead
<br /> exemption laws �f th� 5tate af Nebraska as to all Indebtedness secured by this Deed of Trust.
<br /> DEFINITI�NS. The fallowing capitaliz�d words and terms shal� ha�e the follawing meanings when used in this Deed ❑f
<br /> Trust. Uniess specifically stated tv the cantrary, a!I references to dallar amounts shall mean amounts in lawful money
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