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2� 17� 1923
<br /> �EEa oF TRUST
<br /> Lvan Nv: 'I D'I 3�33�5 ���ntinued� Page 9
<br /> their successors in interest, The successor trustee, withvut can�eyance vf the Praperty, shall �ucceed t❑ all the
<br /> titie, power, and dut�es conferred upvn the Trus�ee in this Deed of Trust and �y appli�able law. This procedure far
<br /> su�stitution ❑f Trustee sha�l go�ern to the exclusfan af a�l ather prv�isions far substitution.
<br /> N�TICES. Any natice required ta be gi�en under this Deed of Trust, including without limitation any nvtice o� default
<br /> and any notice of sale shall be gi�en in writing, and shall be effecti�e when a�tually deli�ered, when actually recsi�ed
<br /> by telefacsimile �unless atherwise required by lawf, when d�pasited with a nat�onally re�ngnized ❑�ernight cvurier, or, �f
<br /> mailed, when depasited in the �lnited 5tate� mai(, as first class, certified ar registered mail postage pr�paid, directed ta
<br /> the add�esses shawn near the beginning ❑f this Deed ❑f Trust. A!I capies of n�ti��s af fareclasure �rom the halder �f
<br /> any lien whi�h has pri�ri�y ❑�er this D�ed af Trust shall be sent to Lender's address, as shown near the beginning of
<br /> this Deed of Trust. Any party may change its address for notices under this De�d of Trust by gi�ing fo�mal written
<br /> notice to the other parties, specifying that the purpos� of the natice is �❑ change the party's address. Far nvtice
<br /> purpvses, Trustvr agrees ta keep Lender infarmed at all times vf Trustar's �urrent address. Unless otherwise pra�ided
<br /> ❑r required by 1aw, if there is mare than ane Trustor, any notice gi�en by Lender to any Trustor is deemed to be notice
<br /> gi�en to al! Trustors.
<br /> M15CELLANE�US PRaVISIQNS. The fol�owing misce�laneous pr��isians are a part ot this Deed ❑f Trust:
<br /> Amendments. This Deed ❑�Trust, together wFth any Related ❑o�uments, constitutes the entire understanding and
<br /> a�reement of the parties as t❑ the matters set farth in this Deed of Trust. N� alteration of �r amendment to this
<br /> Deed af Trust shali be effecti�e unless gi�en in writing and s�gned �y the party flr parties sought to be charged ar
<br /> bound by the alteration or amendment.
<br /> Annual Reports. If the Property is used for purpvses ❑ther �han Trustar's residence, Trustvr shall furnish to
<br /> Lender, upon request, a certified statement af net operating income recei�ed �rom the Property during Trustor's
<br /> pre�ious f�scal year in such #orm and detail as Lender shall require, "Net ❑perating incame" shall mean all cash
<br /> receipts frnm the Property less ali cash expenditures made in connection with the operativn af the Property.
<br /> Capti�n Headings. �aptinn headings in this aeed of Trust are far cvn�enience purpases anly and are nat to be
<br /> used t❑ interpret ar define the prv�isions o�this Deed of Trust.
<br /> Merger. There sha►I be no merger of the interest or estate created by this Deed ❑fi Trust with any o�her interest ❑r
<br /> es�ate in the Property at any time hefd by or for the b�nefit of Lender in any capacity, with�ut the written consent
<br /> o� Lender.
<br /> Go�erning Law. This ❑eed of Trust wii! he goWerned hy federal [aw app�icahle to L�nder and, to the extent no#
<br /> preempted by federal law, the laws of the 5#ate of Nebraska without regard to its �onfiicts of law prv�isions. This
<br /> Deed ❑f Trust has been accepted by Lender in the State af Nebraska.
<br /> Choi�e o# Venue. lf th�re is a lawsuit, Trustor agre�s upon Lender's request to submit t❑ the jurisdiction ❑� the
<br /> caurts of Hall County, State �f Nebraska.
<br /> Joint and 5e�eral Liahility. All abligatians af Barrawer and Trustvr under this Deed ❑f Trust shall be joint and
<br /> se�eral, and all references to Trustor shall mean each and e��ry Trustor, and al� refer�nces to Bvrrvwer shaff inean
<br /> �ach and e�ery Borrower. This means that each Trustar signing below is res�onsible for all obligati�ns in this Deed
<br /> of Trust. Whe�e any ❑ne or mare ❑f the parties is a carpvration, partnership, limited liabifity company or similar
<br /> entity, it is not necessary for Lender ta inquire into the powers of any❑f the afficers, directors, partners, members,
<br /> ❑r athsr agents acting ar purporting to act on the entity's b�half, and any obligativns made or created in reliance
<br /> upan the prafessed exercise at such powers shall be guaranteed under this ❑eed of Trust.
<br /> N❑ Wai�er by Lender, Lender shali not be deemed to ha�e wai�ed any rights under this Deed of Trust unless sueh
<br /> wai��r is gi�en in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right
<br /> shall operat� as a wai�er �f such righ# ❑r any other right, A wai�e� by Lender of a pro�isian �f this De�d vf Trust
<br /> shall not prejudice or constitute a wai�er ❑f Lender's right �therwise t❑ demand strict �ompliance with that
<br /> prfl�is�an or any oth�r pro�ision of this Deed af Trust, Nv prior wai�er by Lender, n�r any course of deating
<br /> between Lender and Trustor, shall constitute a wai�er a# any �� L�nder's rights ar of any flf Trustor's ohligations
<br /> as ta any future transactions. Whene�er the consent of Lender is required under this Deed of Trust, the granting
<br /> of such consent by Lender in any instance shall not constiCu�e continuing consent t❑ subsequent instan�es whsre
<br /> su�h �onsent is required and in a�! cases �uch consent may be granted ❑r withheld in the sole discretifln af Lender.
<br /> Se�erabifity. If a court af campetent jurisdiGtian finds any pra�isian of this Deed of Trust to be illegal, in�a�id, or
<br /> unenforceable as ta any circumstance, that finding shall not make the of�ending pro��sivn illegal, in�alid, ❑r
<br /> unenfarceabie as to any other circumstance, If feasfk�le, the offending pra�ision shall be cvnsidered modi#ied s�
<br /> that �t becames legal, �alid and enfvrceable. !f the vffending pra�isi�n cannot be s❑ modified, it shal! be
<br /> considered deleted fr�m this Deed af Trust. Unless otherw�se required by law, the illegality, in�alid�ty, vr
<br /> unenforceability of any pro�ision af this Deed of Trust shall not a#fe�t the legaltty, �alidity ar enfo�ceability ❑f any
<br /> other pra�isian of this Qe�d of Trust.
<br /> Suce�ssors and Assigns. Subject to any limitativns stated in this De�d of Trust on transfer of Trustor's interest,
<br /> this Deed of Trust shall be binding upan and inure to the henefit of the part€es, thefr suc�essars and assigns. If
<br /> ownership ❑f the Property b�comes �ested in a person ❑ther than Trustar, Lender, withvut natice to Trustar, may
<br /> deai with Trustor's successors with referenGe t❑this Deed ❑f Trust and the Indebtedness by way of forbearance ❑r
<br /> extension withvut releasing Trustvr from the vbligations af this Deed ❑f Trust or iiability under the Indebtedness.
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