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r <br /> 201805511 <br /> DEED OF TRUST <br /> Loan No: 183344 (Continued) Page 6 <br /> fees for the Trustee,to the extent permitted by applicable law. Trustor also will pay any court costs, in addition to <br /> all other sums provided by law. <br /> Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section. <br /> POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee <br /> are part of this Deed of Trust: <br /> Powers of Trustee. In addition to all powers of Trustee arising as a matter of law,Trustee shall have the power to <br /> take the following actions with respect to the Property upon the written request of Lender and Trustor: (a)join in <br /> preparing and filing a map or plat of the Real Property, including the dedication of streets or other rights to the <br /> public; (b)join in granting any easement or creating any restriction on the Real Property; and (c) join in any <br /> subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust. <br /> Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights <br /> and remedies set forth above, with respect to all or any part of the Property, the Trustee shall have the right to <br /> foreclose by notice and sale, and Lender shall have the right to foreclose by judicial foreclosure, in either case in <br /> accordance with and to the full extent provided by applicable law. <br /> Successor Trustee. Lender,at Lender's option, may from time to time appoint a successor Trustee to any Trustee <br /> appointed under this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the <br /> office of the recorder of Hall County, State of Nebraska. The instrument shall contain, in addition to all other <br /> matters required by state law, the names of the original Lender, Trustee, and Trustor, the book and page (or <br /> computer system reference) where this Deed of Trust is recorded, and the name and address of the successor <br /> trustee,and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed of Trust or <br /> their successors in interest. The successor trustee,without conveyance of the Property, shall succeed to all the <br /> title, power,and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for <br /> substitution of Trustee shall govern to the exclusion of all other provisions for substitution. <br /> NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default <br /> and any notice of sale shall be given in writing, and shall be effective when actually delivered,when actually received <br /> by telefacsimile(unless otherwise required by law),when deposited with a nationally recognized overnight courier,or, if <br /> mailed,when deposited in the United States mail, as first class, certified or registered mail postage prepaid,directed to <br /> the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure from the holder of <br /> any lien which has priority over this Deed of 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 Deed of Trust by giving formal 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 keep Lender informed at all times of Trustor's current address. Unless otherwise provided <br /> or required by law, if there is more than one Trustor, any notice given by Lender to any Trustor is deemed to be notice <br /> given to all Trustors. <br /> MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: <br /> Amendments. This Deed of Trust,together with any Related Documents, constitutes the entire understanding and <br /> agreement of the parties as to the matters set forth in this Deed of Trust. No alteration of or amendment to this <br /> Deed of Trust shall be effective unless given in writing and signed by the party or parties sought to be charged or <br /> bound by the alteration or amendment. <br /> Annual Reports. If the Property is used for purposes other than Trustor's residence, Trustor shall furnish to <br /> Lender, upon request, a certified statement of net operating income received from the Property during Trustor's <br /> previous fiscal year in such form and detail as Lender shall require. "Net operating income" shall mean all cash <br /> receipts from the Property less all cash expenditures made in connection with the operation of the Property. <br /> Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be <br /> used to interpret or define the provisions of this Deed of Trust. <br /> Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or <br /> estate in the Property at any time held by or for the benefit of Lender in any capacity,without the written consent <br /> of Lender. <br /> Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and to the extent not <br /> preempted by federal law,the laws of the State of Nebraska without regard to its conflicts of law provisions. This <br /> Deed of Trust has been accepted by Lender in the,State of Nebraska. <br /> Joint and Several Liability. All obligations of Trustor under this Deed of Trust shall be joint and several, and all <br /> references to Trustor shall mean each and every Trustor. This means that each Trustor signing below is <br /> responsible for all obligations in this Deed of Trust. <br /> No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such <br /> waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right <br /> shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust <br /> shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that <br /> provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing <br /> between Lender and Trustor, shall constitute a waiver of any of Lender's rights or of any of Trustor's obligations <br /> as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting <br /> of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where <br /> such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. <br /> Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or <br /> unenforceable as to any person or circumstance,that finding shall not make the offending provision illegal, invalid, <br /> or unenforceable as to any other person or circumstance. If feasible, the offending provision shall be considered <br /> modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall <br /> be considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or <br /> unenforceability of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of any <br /> other provision of this Deed of Trust. <br /> Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor's interest, <br /> this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If <br /> ownership of the Property becomes vested in a person other than Trustor, Lender, without notice to Trustor, may <br /> deal with Trustor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or <br /> extension without releasing Trustor from the obligations of this Deed of Trust or liability under the Indebtedness. <br /> Time is of the Essence. Time is of the essence in the performance of this Deed of Trust. <br /> Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead <br /> exemption laws of the State of Nebraska as to all Indebtedness secured by this Deed of Trust. <br /> DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of <br /> Trust. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money <br /> of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall <br />