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OS-03-1999 DEED OF TRUST 99 g��96 Page 6 <br /> Loan No 943282 (Continued) ' ' ` - <br /> written notice to the other parties,specifying that the purpose of the notice is to change the party's address. All copies of notices of foreclosure from <br /> the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address,as shown near the beginning of this Deed of Trust. <br /> For notice purposes,Trustor agrees to keep Lender and Trustee informed at all times of Trustor's current address. <br /> MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: <br /> Amendments. This Deed of Trust,together with any Reiated Documents,constitutes the entire understanding and agreement of the parties as <br /> to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given in writing and <br /> signed by the party or pa�ties sought to be charged or 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 Lender, upon request,a certified <br /> statement of net operating income received from the Property during Trustor's previous fiscal year in such form and detail as Lender shall <br /> require. "Net operating income"shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation <br /> of the Property. <br /> Applicable Law. This Deed of Trust has been del(vered to Lender and accepted by Lender in the State of Nebroaka. This Deed of Trust <br /> shalt be governed by and construed in accordance with the laws of the State of Nebraska. <br /> Caption Fleadings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define the <br /> provisions of this Deed of Trust. <br /> Merger. There shall be no merger of the interest or estate a•eated by this Deed of Trust with any other interest or estate in the Property at eny <br /> time held by or for the benefit of Lender in any capacity,without the written consent of Lender. <br /> Mult(ple Partfes. All obligations of Trustor and Borrower under this Deed of Trust shall be joint and several,and all references to Borrower shall <br /> mean each and every Borrower,and all references to Trustor shall mean each and every Trustor. This means that each of the persons signing <br /> below is responsible for all obligations in this Deed of Trust. <br /> Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be invalid or unenforceable as to any person or <br /> circumstance, such finding shall not render that provision invalid or unenforceable as to any other persons or circumstances. If feasible,any <br /> such offending provision shall be deemed to be modified to be within the limits of enforceability or validity; however,if the offending provision <br /> cannot be so modified,it shall be stricken and all other provisions of this Deed of Trust in all other respects shall remain valid and enforceable. <br /> Successors and Assigns. Subject to the limitations stated in this Deed of Trust on transfer of Trustor's interest,this Deed of Trust shall be <br /> binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person <br /> other than Trustor, Lender, without notice to Trustor, may deal with Trustor's successors with reference to this Deed of Trust and the <br /> Indebtedness by way of forbearance or extension without releasing Trustor from the obligations of this Deed of Trust or liability under the <br /> Indebtedness. <br /> Time Is of the Essence. Time is of the essence in the pertormance of this Deed of Trust. <br /> Waivers and Consenis. Lender shall not be deemed to have waived any rights under this Deed of Trust(or under the Related Documents) <br /> unless such waiver is in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a <br /> waiver of such right or any other right. A waiver by any party of a provision of this Deed of Trust shall not constitute a waiver of or prejudice the <br /> party's right otherwise to demand strict compiiance with that provision or any other provision. No prior waiver by Lender, nor any course of <br /> dealing between Lender and Trustor or Borrower,shall constitute a waiver of any of Lender's rights or any of Trustor or Borrower's obligations <br /> as to any future transactions. Whenever consent by Lender is required in this Deed of Trust, the granting of such consent by Lender in any <br /> instance shall not constitute continuing consent to subsequent instances where such consent is required. <br /> Waiver of Homestead bcemption. Trustor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of <br /> Nebraska as to all Indebtedness secured by this Deed of Trust. <br /> EACH TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST,AND EACH TRUSTOR AGREES TO ITS <br /> TERMS. <br /> TRUSTOR: <br /> X X ��Lc-fl (yt L�u�.fi�—f"/ <br /> J ETHER T SUSAN L WETHERILT " <br /> INDIVIDUAL ACKNOWLEDGMENT <br /> STATE OF ) <br /> )SS <br /> COUNTY OF _ ) <br /> On this day before me,the undersigned Notary Public,personally appeared DAVID J WETHERILT and SUSAN L WETHERILT,to me known to be <br /> the individuals described in and who executed the Deed of Tru ,a d acknowledged that they signed the Deed of Trust as t ir f�ee and voluntary <br /> act and deed,tor the uses and purposes therein menticae <br /> Given under my hand and official seal this r day of , <br /> By <br /> No ary Public in the tate <br /> �!' �ENEl�q Restding at <br /> (,ya A <br /> �~'�°��'` My����q��S�a�PO/NP My comsnission expires_ <br /> ��'�?Ex M��f b�as�a <br /> ?z�GD <br /> I � - � <br />