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2� 17�2327 DEED �F TRUST Laan No: '1 D'13D38�1 �Continued� Page 9 NOTICES. Any notice required tn be gi�en under this Deed of Trust, including without limitativn any nati�e �f default and any notice af sale shall be gi�en in writing, and shal� be effecti�e when actualiy deli�ered, when actually recei�ed by telefacsimile �unless atherwise required hy lawy, when depasited with a nationally recognized a��rnight cnurier, or, if mailed, when deposited in the United 5tates mail, as first class, certified or regist�red mail p�stag� prepaid, directed to the addresses shown near th� beginning of this Deed of Trust. A�� cvpies of notices ❑f fareclosure frvm the hvlder of any I�en which has priority ove� this �eed �t �rus�t sha�! b� sent to Lender's ad�iress, as shown n�ar th� beginning at this ❑eed of Trust. Any party may change its address �or natices under th�s De�d of Trust by gi�ing formal written natice t❑ the ❑ther parties, specifying that the purpase af the notice is ta change the party's addre�s. For notice purpvses, Trustor agrees to keep Lender informed at all times of Trustar's current address. Unless otherwise pro�ided ❑r required by law, if there is mvre than one Trustvr, any notice gi�en by Lender to any Trustor is deemed ta be notice gi�en to al! Trustors. IVIISGELLANE�US PR�V15i0N5. The fal�owing misceffaneous pro�isions are a part❑f this Dsed af Trust: Amendments. This Deed of Trust, tagether with any Related Do�uments, cvr�stitutes the entire understanding and a�reement of the parties as to the matters set forth in this aeed o� Trust. IV❑ afteration af ❑� amendment ta this C]eed flf Trust sha1� ae �ffecti�e unfess gi��n in writing and signed by the party ar parti�s sought ta be charged or baund by the alteration ❑r am�ndment. Annual Reports. !f the Property is used for purposes other than Trustor's residence, Trustor shafi furnish t� Lender, upon request, a certified statement ❑� net aperating income recei�ed from the Prnperty during Trus�or's pre�ious fisca� year in such farm and detail as Lender shall require. "Net operating incame" shail mean all cash receipts from the Property less all cash expenditures made in �vnn�ction with the operation❑f the Property. Caption Headings. Capt+an headings in this Deed of Trus� are for con�enience purposes only and are not tfl be used to interpret or define the �ro�isions of this Deed of Trust. IVlerger. There shal! be n❑ merger of the interest or estate created by this Deed of Trust with any other interest c�� estate in the Property at any time heid by or for the benefit ❑f Lender in any capacity, without th� written consent ❑f Lender. Go�erning Law. This Deed of Trust wii� be gv�erned by federal law applicahle to Lender and, t❑ the extent not preempted by federal law, the laws of the 5#ate ort Nebraska without regard to its cvnfli�ts of law prv►risions. This Deed of Trust has been acc�pted by Lender in the 5tat�of Nebraska. Chai�e vf Venue. lf thete is a lawsuit, Trustar agrees upon Lender's request ta subm�t to the jurisdiction of the courts of Hali County, 5tate of Nebraska. Joint and Se�eral Liab�lity. All abligations vf Borrower and Trustor under this ❑eed of Trust sha�1 be joint and se�eral, and all referenc�s �o Trustor shall mean each and e�ery Trustar, and all references to Borrower shall mean each and e�ery 6orrower. This means that each Trustor signing belvw is responsible far all obiigations in this Deed of Trust. No Wai�er by Lender. Lender shall nat h� deemed t❑ ha�e wai�ed any rights under this Deed �f Trust unless such wai�er is gi�en in writing and signed by L�nder. N� delay or❑mission on the part af Lender in exer�ising any right shall ❑perate as a wai�er of such right or any other right. A wai�er by Lender o� a pro�ision of this ❑eed of Trust shall no� prejudice vr consti�ute a wai��r of Lender's right otherwise tv demand strict compliance wfth that pro�isian or any other pro�ision af �I'li5 Deed ❑f Trust. No prior wai�er by Lender, nor any course ❑f dealing between Lender and Trustor, shall constitute a wai�er ❑f any of Lender's rights or of any of Trustor's vbligations as t❑ any future transactians. Whene�er the consent af Lender is required und�r this �eed ❑� Trust, the granting ❑f such consent by Lender in any instance shall nat constitute continuing cansent to subsequent instances where such consen� is required and in a�l cases such consent may be granted or withheld �n the sole discr�tion of Lender. Se�erability. !f a court of competent jurisdictian finds any pro�ision of this Deed of Trust tv be illega�, in�alid, or unenforceable as to any circumstance, that find�ng sha�l nat make the offending pra�ision illegal, in�alid, or unenfar�eable as t❑ any o�her circumstan�e. If feasibie, the offending pro�ision sha�i be cansidered mvdified so that it becomes I�gal, �a�id and enforceable. �f the affending pra�ision cannot be so madified, it shall be considered deleted �rom this Deed ❑f Trust. Unless otherwise requi�ed by 1aw, the illegality, in�alidi�y, or un�nforceability of any pro�ision ofi this Deed ot Trust shall not affe�t the legality, �alidity ❑r enforceability vf any ❑�her pro�isian of this Deed af Trust. 5uccessors and Assigns. 5ubject ta any limitations stated in this Deed ❑f Trust ❑n transfer of Trustar's Enterest, this Deed of Trust shal! be binding upvn and inure t❑ the benefit ❑� the parties, their successars and assigns. If ❑wnership of the Property becames �ested in a person other than Trustar, Lender, with�ut natice t❑ Trustor, may deal with Trustar's suc�essvrs with referen�e to �his Deed ❑f Trust and the Ind�btedness by way❑f forbearance or extension without releasing Trustor from the obiigations af this Deed ❑f Trust or liabifity under the indebtedness. Time is vf the Essen�e. Time is of the essence in the performan�e of this Deed of Trust. Wai�er of Hvmestead Exemption. Trustor hereby releases and wai�es a1f rights and benefits of the hamestead exemptian laws of the State �f Nebraska as t� all lndebtedness secured by this ❑eed of Trust. DEFINITI�NS. The fallowing capitalized words and terms sha�l ha�e the fallowing meanings when used �n this Deed vf Trust. Unless specEficaEly sta�ed to the cant�ary, a�1 referen�es to dollar amounts shall mean amounts �n Eawful maney