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07-75-7999 DEED OF TRUST 9 9 10'717 4 Page 7 Lban Na 764485 � (Continued) computer system reference)where this Deed of Trust is recorded,and the name and address of the succ�ssor trustee,and the instrument shall be executed and acknowledged by all the beneflciaries under the Deed of Trust or their successors in interest. The successor trustee,without conveyance of the Property,shall succeed to all the tiBe,power,and dufies conferred upon the Trustee in this Deed of Trust and by applicable Iaw. This procedure for substitution of trustee shall govern to the exclusion of all other provisions for substitution. NOTICES TO TRUSTOR AND OTHER PARTIES. Any notice under this Deed of Trust shall be in writing, may be sent by telefacsimile (unless otherwise required by law), and shall be effective when actually delivered, or when deposited with a nationally recognized overnight courier, or, if mailed,shall be deemed effective when deposited in the United States mail first class,certified or registered mail, postage prepaid,directed to the addresses shown near the beginning of this Deed of Trust. Any party may change its address for notices under this Deed of Trust by giving formal written notice to the other parties,specitying that the purpose of the notice is to change the pariy's address. All copies of notices of foreclosure from 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. For notice purposes,Trustor agrees to keep Lender and Trustee informed at all times of Trustor's current address. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: Amendments. This Deed of Trust,together with any Related Documents,constitutes the entire understanding and agreement of the parties as 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 signed by the party or parties sought to be charged or bound by the alteration or amendment. Applicable Law. This Deed of Trust has been delivered to Lender and accepted by Lender In the State ot Ne4raska. This Deed of Trust shall be governed by and construed in acwrdance with the laws of the State of Nebraska. ' Captlon Headings.`Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret Or define the provisions of this Deed of Trust. Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity,without the written consent of Lender. Multipie Parties. All obligations of Trustor under this Deed of Trust shall be joint and several,and all references to Trustor shall mean each and every Trustor. This means that each of the persons signing below is responsible for all obligations in this Deed of Trust. 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 circumstance, such flnding shall not render that prov�sion invalid or unenforceable as to any other persons or circumstances. If feasible,any such offending provision shall be deemed to be modified to be within the limits of enforceabiliry or validity; however,if the offending provision cannot be so modified,it shall be stricken and all other prov�sions of this Desd of Trust in sll other respects shall remain valid and enforceable, 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 binding upon and inure to the benefit of the pa�ies, their successors and assigns. If ownership of the Property becomes vested in a person other than Trustor, Lender, without notice to Trustor, may deal with TrustoPs successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Trustor from the obligations of this Deed of Trust or liabiliiy under the Indebtedness. Tlme Is of the Essence. Time is of the essence in the performance of this Deed of Trust. Waivers and Consents. Lender shall not be deemed to have waived any rights under this Deed of Trust(or under the Related Documents) 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 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 party's right otherwise to demand strict compliance with that provision or any other provision. No prior waiver by Lender, nor any course of dealing between Lender and Trustor, shall constitute a waiver of any of Lender's rights or any of TrustoPs obligatlons 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 instance shall not constitute continuing consent to subsequent instances where such consent is required. Walver of Homestead bcemption. Trustor hereby releases and waives all rights and benefits of the homestead exemption Iaws of the State of Nebraska as to all Indebtedness secured by this Deed of Trust. EACH TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST,AND EACH TRUSTOR AGREES TO ITS TERMS. TRUSTORe ..... .... . ... . . . �::�:�::��;:��,>�:.'��?�'�:_?:i�:�: .............. :•:::•::: .::�;;;:: .;•. :.;� ::: :. ::::::::::::::::::::::::::::: X«;:'.;:::: ;s::�•:::::,.,;:.. .. :• .... ... .:: .......................::.....................:::::::::::::::•::::::;:.::::;:: ... :. ::::.. .. ..... .. . ... ......................................::::::::::::: A J HN N PATRICE L.JOH SON