2� 17�2�9�
<br /> DEED C�F TRUST
<br /> Loan Nn: 'I D'13C]�83� �Cantinued� Page 8
<br /> Trustar also will pay any c�urt costs, in additivn to all ather sums pra�ided by law.
<br /> Rights of Trustee. Trustee shall ha�e all af th� rights and duties of Lender as set forth in this section.
<br /> P�VIIERS AND DBLIGAT��NS �F TRUSTEE. The foi�awing prv�isions re�ating tv the pvwers and abligati�ns �f Trustse
<br /> are part af this Deed o�Trust:
<br /> Powers of Trustee. In addition t� all powers vf Trustee arising as a matter a#law, Trustee shaii ha�e th� power to
<br /> take the fvllawing actions with respect to the Property upon the written request af Lender and Trustor: �af jvin in
<br /> pr�paring and filing a map or plat o� the Real Property, including the dedication o� streets ar other rights to the
<br /> public; �b} join in granting any easement ar creating any restriction vn the Real Property; and �cy join in any
<br /> subordinatian vr other agreement affecting this �eed o#Trust ar the int�rest❑f Lender under this Deed af Trust.
<br /> Trustee. Trustee shall meet ali qua�ifications required for Trustee under applicable �aw. �n addition ta the rights
<br /> and remedies set �arth aba�e, with respect ta all or any part af th� Property, the Trustee shall ha�e the righ� to
<br /> foreclvse by notice an� sale, and Lender shall ha�e the right to forecl�se by judicial f�re�lvsure, in either case in
<br /> accordance with and ta the full extent pro�ided by applicahle law.
<br /> Su�cessor Trustee. L�nder, a� Lender's �ption, rnay #ram time to time appaint a successor Trustee to any Trust�e
<br /> appointed under th=s D�ed af Trust �y an instrum�nt executed and acknowledged by Lender and recorded in th�
<br /> office of the recorder of HALL C�unty, State ❑t Nebraska. The instrument shall con#ain, in addition ta all other
<br /> matters required by state law, the names of the ❑riginal Lender, Trustee, and Trustor, the book and pag� �ar
<br /> �ompute� system referen�e} where this Deed ❑f Trust is recarded, and the name and address of the SLICC�SS��'
<br /> trust�e, and the instrument shali be executed and acknowledged by all the beneficiaries under�his �eed of Trust or
<br /> th�ir successvrs in interest. The successor trustee, without cvn��yan�e at the Property, shall succeed to all the
<br /> title, p�wer, and duties �on�erred upon the Trustee in this Deed of Trust and by appEicabie iaw. This procedure �or
<br /> substitut�an ❑f Trustee shail go�ern to the exclusion of all ❑ther prv�isions for substitution.
<br /> N�TICES. Any notice required tv be gi�en under this Deed of Trust, including withaut �tmitativn any nati�e of d�fault
<br /> and any natiGe �f sa�e shall be gi�en in writing, and shall he effecti�e when actually deli�ered, when actually recei�ed
<br /> by telefacsimile �unless otherwise requir�d by �aw}, when deposited with a natianally recognized o�ernight c�urier, �r, if
<br /> maiied, when deposited in the United States mail, as first class, certifi�d or registered mail pastage prepaid, dire�ted to
<br /> the addresses shown near the beginning of this ❑eed of Trust. All cvpies vf notices of fareclasure from the holder o#
<br /> any lien which has priartty n��r �his ❑eed ot Trus� shall be sent �❑ Lender's address, as shown near the beginning ❑f
<br /> this Deed of Trust. Any party may change its address fvr na�ices under this Deed o# Trust by gi�ing forma� written
<br /> notice to th� ❑ther parties, specifying that the purpose ❑f the notice is ta change the party's address. For notice
<br /> purposes, Trustor agrees ta keep Lenc�er in€armed at all tim�s of Trustor's current address. Un�ess otherwise pro�ided
<br /> or required by law, it th�r� is mare than one Trust�r, any n�tice gi�en by Lender ta any Trustvr is deemed �o be notice
<br /> gi�en tv all Trustors.
<br /> IVIISCELLANEflLJS PR�VISIDNS. The f�llowing miscellanevus pro�isions are a part of this �eed of Trust:
<br /> Amendments. This Deed af Trust, together with any Related Documents, canstttutes the entire understanding and
<br /> agreement o� the parties as ta the matters set forth in this Deed of Trust. Na alt�rativn ❑f ❑r amendment to this
<br /> ❑eed of Trust shall be effe�ti�e unless gi��n in writing and signed by the pa�ty or parties saught to be �harged ❑r
<br /> h�und hy the afteration or amendmen�.
<br /> Annual Reports. If the Property is us�d for purposes other than Trustar's residence, Trustor shali �urnish to
<br /> Lender, up�n request, a c�rtified statement of net operating incame recei�ed fr�m �he P�aperty during Trustor's
<br /> pre�iaus fiscal y�ar in such �orm and detail as Ler�der shalf require. "Net operating income" shall m�an all �ash
<br /> receipts fr�m the Praperty less ail cash expenditur�s made in cvnn�ction with the operation at the Praperty.
<br /> Captivn Headings. Caption headings in this Deed of Trust are for can�enience purposes ❑nly and are nat tv be
<br /> used to interpret❑r define the pro�isions o#this D�ed o�Trus�.
<br /> Merger. There sha�� be no merger�f the inter�st or estate created by �his Deed �f Trust with any ❑ther interest or
<br /> estate �n the Property at any time hs�d by or far the henefi� ❑f Lender in any capacity, withvut the writt�n �onsent
<br /> of Lender.
<br /> Go�erning Law. This Deed vf Trust will be ga�erned by federal law applicable to Lender and, ta the extent not
<br /> preempt�d by federal law, the laws af the State vf Nebraska without regard tv its �onfliGts of law pra�isions. This
<br /> De�d of Trust has he�n accepted by Lender in the State af Nebraska.
<br /> Choice of V�nue. ff ther� is a lawsuit, Trustor agrees upan Lender's request to submit tfl the jurisdictian ❑f ths
<br /> �ourts�f Hail Caunty, 5tat�of Nebraska.
<br /> Joint and Several Liabi�ity. All obligations o� Trustor und�r this Deed of Trust shall be jo+nt and se�eral, and all
<br /> references tv Trustar shall msan ea�h and e�ery Trustar. This means that each Trustor signing helaw is
<br /> rssponsible for a�2 obligativns in this De�d �f Trust.
<br /> No VIJai�er by Lender. Lender shalf nat be deemed to ha�e wai�ed any rights under this ❑�ed of Trust un�ess su�h
<br /> wai�er is gi�en in writing and signed by Lender. No delay ar om�ssivn on the part�� Lender in exercising any right
<br /> shall �perate as a wai�er ❑f such right ❑r any ather right. A wai��r by Lender ❑f a pro�ision of this Deed �f Trust
<br /> shall not prejudice vr constitut� a wai�er of Lender's right otherwise t❑ demand strict compliance with that
<br />
|