200402041
<br />17. REMEDIES CUMULATIVE. All remedies provided in this Deed of Trust are distinct and
<br />cumulative to any other right or remedy under this Deed of Trust or afforded by law or equity, and may be
<br />exercised concurrently, independently or successively.
<br />18. ASSIGNMENT; SUCCESSORS AND ASSIGNS BOUND; JOINT AND SEVERAL
<br />LIABILITY; CAPTIONS. Lender may assign its rights and obligations hereunder by notice to
<br />Borrower. Borrower may not assign its rights or obligations hereunder, whether by contract or operation of
<br />law, without the prior written consent of Lender, which may be withheld in Lender's sole discretion. The
<br />covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective
<br />successors and permitted assigns of Lender and Borrower. All covenants and agreements of Borrower shall
<br />be joint and several. The captions and headings of the paragraphs of this Deed of Trust are for
<br />convenience only and are not to be used to interpret or define the provisions hereof.
<br />19. NOTICE. Except for any notice required under applicable law to be given in another manner,
<br />(i) any notice to Borrower provided for in this Deed of Trust shall be in writing to be effective and given by
<br />mailing such notice by first class U.S. mail, postage prepaid, to Borrower c/o Roger D. Moore, 3201
<br />Pioneers Blvd., Suite 112, Lincoln, Nebraska 68502 or at such other address as Borrower may designate
<br />by notice to Lender as provided herein, and (ii) any such notice to Lender shall be in writing to be effective
<br />and given by mailing such notice by first class U.S. mail, postage prepaid, to Lender c/o Credit
<br />Administration Department, 1235 "N" Street, Lincoln, Nebraska 68508, or to such other address as
<br />Lender may designate by notice to Borrower as provided herein. Any such notice shall be effective upon
<br />deposit with U.S. mail. Any notice provided for in this Deed of Trust shall be deemed to have been given
<br />to Borrower or Lender only when given in the manner designated herein.
<br />20. UNIFORM DEED OF TRUST; GOVERNING LAW; SEVERABILITY. This form of
<br />Deed of Trust combines uniform covenants for national use and non - uniform covenants with limited
<br />variations by jurisdiction to constitute a uniform security instrument covering real property. In the event
<br />that any provision or clause of this Deed of Trust or the Note or any other Loan Document conflicts with
<br />applicable law, such conflict shall not affect the other provisions of this Deed of Trust or the Note or any
<br />other Loan Document which can be given effect without the conflicting provision, and to this end the
<br />provisions of the Deed of Trust and the Note and the Loan Documents are declared to be severable. This
<br />Deed of Trust cannot be waived, changed, discharged or terminated orally, but only by an instrument in
<br />writing signed by the party against whom enforcement of any waiver, change, discharge or termination is
<br />sought. This Deed of Trust shall be governed by and construed in accordance with the Laws of the State in
<br />which the Property is located, except to the extent that Federal laws or the rules and regulations of the
<br />Office of Thrift Supervision, or its successor, preempt the laws of the State in which the Property is
<br />located, in which case Lender shall be entitled to such Federal rights and remedies without regard to
<br />conflicting limitation imposed by State law.
<br />21. BORROWER'S COPY. Borrower acknowledges receipt of a conformed and completed
<br />copy of the Note and of this Deed of Trust at the time of execution or after recordation hereof.
<br />22. TRANSFER OF THE PROPERTY; ASSUMPTION. If the Borrower or any successor in
<br />interest to Borrower or the Property described in this Deed of Trust should, without the prior written
<br />consent of the Lender, assign the Note or sell, convey, transfer, or alienate the Property, or any part
<br />thereof, or any interest therein, or be divested of its title or any interest therein in any manner, whether
<br />voluntary or involuntary, by contractual arrangement or operation of law, or if the Borrower or any
<br />successor in interest to Borrower or the Property is a corporation, partnership, limited liability company, or
<br />joint venture, and more than fifty percent (50 %) of the equity ownership of such corporation, partnership,
<br />limited liability company, or joint venture is, without the prior written consent of Lender, sold, conveyed,
<br />transferred or alienated, either voluntarily or involuntarily, by contractual arrangement or operation of law,
<br />then the Lender shall have the right at its sole option to declare any and all indebtedness due hereunder, or
<br />any other obligation secured by this Deed of Trust, immediately due and payable.
<br />Not less than thirty (30) days prior to any such sale or other transfer, Borrower shall notify Lender
<br />in writing of the proposed sale or transfer and shall provide Lender with such information concerning the
<br />terms and conditions of the sale or transfer and the creditworthiness and financial condition of the proposed
<br />purchaser or transferee as Lender may require. Lender may withhold its consent to any such sale or other
<br />transfer in Lender's sole discretion.
<br />8
<br />
|