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, - ��=04-�999 . - DEED OF TRUST , '� �� � �,' Page 7
<br /> Loan No 765517 (�ontinued) ' �9°9� �110 717
<br /> computer system reference)where this Deed of Trust is recorded,and the name and address of the successor trustee,and the instrument shall
<br /> be executed and acknowledged by all the beneficiaries under the Deed of Trust or their successors in interest. The successor trustee,without
<br /> conveyance of the Property,shall succeed to all the title,power,and duties conferred upon the Trustee in this Deed of Trust and by applicable
<br /> law. This procedure for substitution of trustee shall govern to the exclusion of all other provisions for substitution.
<br /> NOTICES TO TRUSTOR AND OTHER PARTIES. Any notice under this Deed of Trust shall be in writing, may be sent by telefacsimile (unless
<br /> otherwise required by Iaw), and shall be effective when actually delivered, or when deposited with a nationally recognized overnight courier, or, if
<br /> mailed,shall be deemed effective when deposited in the United States mail first class,certified or registered mail,postage prepaid, directed to the
<br /> 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
<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 ho�der 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 Related 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 parties sought to be charged or bound by the alteration or amendment. ,
<br /> Applicable Law. This Deed of Trust has been delivered to Lender and accepted by Lender in the State of Nebraska. This Deed of Trust
<br /> shall be governed by and construed in accordance with the laws oi the State of Nebraska.
<br /> Caption Headings. 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 created by this Deed of Trust with any other interest or estate in the Property at any
<br /> time held by or for the benefit of Lender in any capacity,without the written consent of Lender.
<br /> Multiple Partles. All obligations of Trustor under this Deed of Trust shall be joint and several,and all references to Trustor shall mean each and
<br /> every Trustor. This means that each of the persons signing below is responsible for all obligations in this Deed of Trust.
<br /> Severabllity. 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 modi8ed,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 shatl 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 performance of this Deed of Trust.
<br /> Waivers and Consents. Lender shail 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 compliance with that provision or any other provision. No prior waiver by Lender, nor any course of
<br /> dealing between Lender and Trustor, shall constitute a waiver of any of Lender's rights or any of Trustor's obligations as to any future
<br /> transactions. Whenever consent by Lender is required in this Deed of Trust,the granting of such consent by Lender in any instance shall not
<br /> constitute continuing consent to subsequent instances where such consent is required.
<br /> Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead exemption Iaws of the State of
<br /> Nebraska as to all Indebtedness secured by this Deed of Trust.
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<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 /> �
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<br /> HOMAS G GARR SON BARBARA K GARRI N
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