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� <br /> ��-15-1999 DEED OF TRUST �Zf �. �����i► Page s <br /> Loan No 1042340 (CoMinued) <br /> instrument executed and acknowledged by Lender and recorded in the oiflce of the recorder of HALL County,Nebraska. The inshument shall <br /> contain, in addition to all other matters required by state law, the nemes of the original Lender,Trustee,and Trustor,the book and page(or <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 dutles conferred upon the Trustee in this Deed of Trust and by applicable <br /> Iaw. This procedure for substitution of trustee shall govem to the exclusion of all other provisions for substitutlon. <br /> NOTICES TO TRUSTOR AND OTHER PARTIES. Any noiicce under this Deed of Trust shall be in writinq, mey be sent by telefacsimile (unless <br /> otherwise required by law), and shall be effective when actualty delivered, or when deposited with a natloneily recognized overniyht courier, or,if <br /> mailad,shall be deemed effective when deposited in the United States mafl first class,c�tlNed 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 notic�s under this Deed of Trust by giving formal <br /> written notice to the other partles,specifying that the purpose of the notice is to change the party's address. All copies of notices of foreclosure irom <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 wfth any Related Documenls,constitutes the entire understanding and agreement of the parties as <br /> to the matters set fo�th in this Deed of Trust. No aHeraHon of or amendment to this Deed of Trust shall be effective unless given in wriHng 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 a�d accepted by Lender in the State ot Nebraska. This Deed of Trust <br /> shall be�ovemed by and construed in accordance with the laws of the StaM of Nsbralc�. <br /> Capifon Fkadinps. CepUon 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 Parties. 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 /> 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 unenforc�able as to any other persons or circumstances. If feasibie,any <br /> such offending provision shall be dsemed 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 sMcken and all other provisions of this Deed of Trust in all other respects shell remain valid and enforceable. <br /> Successors and Asalyns. 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 pafies,their s�sors 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 kom 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 Dsed of Trust. <br /> Waivers and Consenis. Lender shall not be deemed to have waived any righis 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 consfitute a waiver of or prejudice the <br /> paiiy'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 granfing 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 releasTes and waives all rights and benefits of the homestead exemption laws of the State of <br /> . ._.Alei.+w4a e kn nll ln(� t �L�c enr.��r ,d L.�•Ihlc C1.�pC1.Of.LIj(S�t.___ _ . _ . - - . . <br /> EACH TRUSTOR ACKNOWLEDGES HAVING READ ALL T1f PROVISION$OF THIS DEED OF TRUST,AND EACH TRUSTOR AGREES TO ITS <br /> TERMS. <br /> TRUSTOR: <br /> r ..Q <br /> X J Q', � <br /> MI M � DEBRA L FLODMAN <br /> INDIVIDUAL ACKNOWLEDGMENT <br /> STATE OF <br /> �-��/ � I� <br /> COUNTY OF �--.�" XG''"� �-- 1 <br /> �— <br /> On this day before me,the undersigned Notary Public,personally appeared MICHAEL R FLODMAN and DEBRA L FLODMAN,to me known to be <br /> the individuals described in and who executed the Deed of Tr t nd acknowledged that t ey signed t eed of Trust as their free and voluntary <br /> act and deed,for the and purposes therein mentio�d%� y��_/ <br /> Given under my d officitU aeal this � day -` �/ ,1 <br /> ��,'�/ cFrYF . By '`�`-\��1 � �-�� <br /> ��'`J �y9�y No Publk in the Stet of <br /> '�.�. �ll �l9 <br /> .�.,�'�,���i��f/d� Residln�at <br /> _, <� �°o, My commission expires —� <br /> :� ,A�����yP6% <br /> s <br /> ..�00 <br /> ".. <br /> '= . . .. . _, . ii� <br />