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09-28-1999 DEED OF TRUST s 9 � (� C� 6 j � Page 6 Loan No 1020080 (Continued) 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. Annual Reports. If the Property is used for purposes other than Trustor's residence,Trustor shall furnish to Lender, upon request,a certified statement of net operating income received from the Property during Trustor's previous fiscai year in such form and detail as Lender shall require. "Net operating income"shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation of the PropeRy. Applicable Law. This Deed of Trust has been delivered to Lender and accepted by Lender In the State of Nebraska. This Deed of Trust shall be governed by and construed in accordance 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. Multiple Parties. All obligations of Trustor and Borrower under this Deed of Trust shall be joint and several,and all references to Borrower shall mean each and every Borrower,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 finding shall not render that provision 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 enforceability or validity; however, if the offending provision 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. 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 parties, 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 Trustor's 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 liability under the Indebtedness. Time 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 othervvise 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 or Borrower, shall constitute a waiver of any of Lender's rights or any of Trustor or Borrower's obligations 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 bcemptlon. Trustor hereby releases and waives ail rights and benefits of the homestead exemption laws 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 T USTOR AGREES TO ITS TERMS. TRUSTOR: �',��`��/� X �� /� -��c.1/4t�, / X CECIL B BIRCHARD BA_ BARA G IRCHARD INDIVIDUAL ACKNOWLEDGMENT STATE OF ) )SS COUNTY OF ) On this day before me,the undersigned Notary Public,personally appeared CECIL B BIRCHARD a�d BARBARA G BIRCHARD,to me known to be the individuals described in and who executed the Deed of Trust nd acknowledged that the 'gned he De�f Trust as eir free and voluntary act and deed,for the ses and purposes therein menf ��-, Given under my nd a otticial seal this r day ot �y' , 9 � ��, �,�,�� By — � � � t,,/ .�w _ rc',� �991 Nota Public in a r the St �a,,��+��199`�,/d/ Residing at ��'* F � P My commission expires � ��r��{'�'P6�d �cno r� i i �. � . - �