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2� 17� 1594
<br /> DEED �F TRUST
<br /> Laan No: ��13�3'155 ���ntinued� Page 9
<br /> trustee, and the inst�ument sha�l �e executed and acknawledged by ai! the beneficiaries under th�s Deed vf Trust ar
<br /> their successors in interest. The su�cessor trustee, without con�eyan�e ❑t th� �rop�rty, shall suc�e�d t❑ a�l the
<br /> tEtle, power, and duties �anferred upon the Trustee in this Deed af Yrust and by applicable law. This procedure far
<br /> substitution ❑f Trust�e shafi g��ern to the exclusion ❑f all other pra�isions for su�stitutian.
<br /> N�TICES. Any notice required to be gi�en under this Deed af Trust, in�luding withaut limitation any notice ot default
<br /> and any natice ❑f sale shall be gi�en in writing, and shall be effe�ti�e when actually deli�ered, when actual�y recei�ed
<br /> hy �elefa�simFle {un�ess otherwise required by law7, when deposited with a nationally re�ognized vvernight courier, or, if
<br /> mailed, when deposited in the United States mail, as first c�ass, certif�ed vr reg�stered mail postage prepaid, directed to
<br /> the addresses shawn near the beginning vf this Deed of T�ust. Ai! copies of notices of foreclasure from the hvlder of
<br /> any lien which has privrity ❑�er this Deed af Trust shail be sent io Lender`s addr�ss, as shawn near the beginning of
<br /> this De�d of Trust. Any party may change �ts address fvr notices under this Deed of Trust by gi�ing fvrmal written
<br /> notice to the other parties, specifying that the purpose of the notice is to change the party's address, For notice
<br /> purposes, Trustor agrees to ke�p Lender infarmed at all times ❑f Trustor's current address. Unless ❑therwise pro�ided
<br /> �r required by law, i�there is more than one Trustor, any natice gi�en by Lender to any Trustar is deemed to be notice
<br /> gi�en to all Trustors.
<br /> M15CELLANE�US PROV151�N5. The following mfscellaneous pro�isions are a part af this Deed of Trust:
<br /> Amendmen#s. This Deed of Trust, together with any Related Da�uments, constitutes the entire understanding and
<br /> agreement ❑f the parties as to the matters set forth in this D�ed ❑f Trust. N❑ alteration of vr amendment t� this
<br /> Deed of Trust shall be effe�ti�e unless gi�en in writing and signed by the party ❑r parties saught to be charged or
<br /> bound by the alteratian or amendment.
<br /> Annual Repor#s. If th� Pr�perty is used for purposes ❑ther than Trustor's residence, Trust�r shai� furnish �o
<br /> Lender, upon request, a certified statement of net operating incame recei�ed f�om the Prvperty during Trustvr's
<br /> pre�ious fiscal year in such form and deta�l as Lender shall require, "Net operating income" shall mean a�! cash
<br /> receipts fram the Praperty iess a!I cash expenditure� made in canne�tion with the aperatian of the Property.
<br /> Caption Headings. Caption headings in this Deed of Trus� are fvr con�enience purposes anly and are nvt to be
<br /> used ta interpret vr define the pr��isions ❑f this ❑eed ❑f Trust.
<br /> Merger. Th�re shall be na merge� ❑f the interes��� estate created hy this Deed ❑f Trust with any other interest ar
<br /> estate in the Property at any time held �y ❑r for the henefit af Lender in any capacity, withaut the written consent
<br /> of Lender.
<br /> �a�erning Law. This Deed of Trust will he ga�erned by federal law applicab�e to Lender and, to the extent not
<br /> preempted by#ederal law, the laws of the 5tate o�Neb�aska withaut rega�d to i#s confli�ts of law pra�isions. This
<br /> Deed of Trust has been ac�epted by Lender in the 5tate ot Nebraska.
<br /> Choi�e of Venue. I� there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisd��t�on af the
<br /> courts ot Hal� Coun�y, State af Ne�raska.
<br /> Joint and 5e�eral Liability. All �biigatians of Borrvwer and Trustor under this Deed of Trust sha1� be joint and
<br /> se�eral, and af! references ta Trustor sha�l m�an each and e�ery Trustor, and a!i references to Borrawer shall mean
<br /> eaCh and e��ry Borr�wer. This means that each Trustvr signing belaw is responsible f�r all obligations in this Deed
<br /> of Trust. Where any one or mare ❑f the partfes is a corporation, partnership, �imited liability company ar similar
<br /> entity, it is nat ne�essary for Lender to inquire inta the powers of any vf the ofif�cers, directors, partners, memb�rs,
<br /> ❑r ather agents acting or purparting t� act an the entity's behalf, and any obligations made ar created in relian�e
<br /> upon the professed exercise vf such powers shall be guaranteed under this D�ed vf Trust.
<br /> N❑ Wai�er by Lender. Lender shaf! not be deemed to ha�e wai�ed any rights under this ❑eed of Trust unless such
<br /> waiver is gi�en in writing and signed by Lender, No delay ar ❑missian on the part of Lender in exer�ising any right
<br /> shall operate as a wai�er of such right or any other right. A wai�er by Lender of a pro�isian vf this Deed of Trust
<br /> shall nat prejudice ❑r canstitute a wai�er of Lender's right ❑therwise ta demand stri�t compliance w�th that
<br /> prn�ision vr any �ther pro�ision ❑f this Deed ❑f Trust. Na priar wai�er by Lender, nar any �vurse af dealing
<br /> t�etween Lender and Trustor, shali cons�itute a wai�er of any of Lender's rights ❑r af any ❑f Trustor's obligations
<br /> as ta any future transactions. VVhene�er the consent vf Lender is r�qui�ed under th�s Deed of Trust, the granting
<br /> of such ��nsent by Lender in any instance shall not constitute cantinuing consent t❑ subsequent instances where
<br /> such �onsent is required and in al! cases such consent may be granted o�withhe(d in the sale dis�retion❑f Lender.
<br /> S��erability. If a court of competent jurisdictian finds any prv�ision of this Deed af Trust t❑ be iilegal, in�alid, ❑r
<br /> unenfar�eab�e as t❑ any circumstan�e, that finding shall not mak� the ❑ffending provision il�egal, in�alid, vr
<br /> unenforceable as to any ather circumstance. If feasible, �he offending pro�ision shaif be �onsidered mvdifi�d sv
<br /> that +t becomes legal, �alid and enfvrceable. !f the off�nding prfl�ision cannot be so m�dified, it shal� be
<br /> considered deleted �rom this Deed af Trust. Un�ess atherwise required by law, the illegality, in�alidity, or
<br /> unenfarceability ❑f any pro�isFan of this ❑eed of Trust shall not affect the lega�ity, �aiidity or enforc�abiiity ❑f any
<br /> ❑ther pro�ision o#th�s Deed of Trust,
<br /> 5u�cessors and Assigns. Subject to any limitations stated in this Deed of Trust an transfer of Trustor's interest,
<br /> this Deed ❑f Trust shall be binding upan and inure to the benefit ❑f the parties, their successvrs and assigns. If
<br /> ❑wnership ❑f the Property becomes ��sted in a person ❑ther than Trustor, Lender, withaut notice to Trustar, may
<br /> dea� with Trustor's successors with re#erence ta this Deed of Trust and the Indebtedness by way of forbearance o�
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