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. <br /> . .�. ii�2 7 _ <br /> �1-22-1999 DEED OF TRUST Pa�e 6 <br /> Loan No 1045160 (Continued) <br /> � � <br /> contain, in addition to ell other matters required by state law,the names 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 hustee,and the instrument shall <br /> be executed and ecknowledged by all the bene6ciaries 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 confened upon the Trustee 9n 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 wriHng, may be sent by telefacsimile (unless <br /> otherwise required by law), and shall be effective when actually delivered, w when deposited with a naHonally recognized overnight courier, or,if <br /> mailed,shali 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 no4�s under this Deed of Trust by giving formal <br /> written notice to the other partles,specitying that the purpose of the notice is to change the part�s address. Ali copies of nodces of foreclosure from <br /> the holder of any lien which has priority over this D�d of Trust sheil 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 /> MISCEILANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: <br /> Amendments. Thts Deed of Trust,together wHh any Related Dxumenis,consdtutes the enike understandirp and a�reemsnt of the parties as "� <br /> to ths m�tlers set forth in ttds Dead ot Trusl No alter�►fbn of or 4m�ndmsM to thfs Deed of Tn�st shaN be d(acUvs unlsss qMen M wridrp and ...# <br /> �l�1►#�;�f!A�G;�+�u!i�;b!��d cit 1R�t�A�►Y��r�lon cr arrrndrnrr+t� � <br /> 11nnw1 Repor�.=�1M P�hq�ty k ut�d ior�iur��is�'��N'�iw�d�et��T�b►ahdl.Ax�ish to LantNr,upon request,a cartllled <br /> statement of net operating income received from the Property during Trustor's previoUs flscal year'in such form.and'detail as Lender shall <br /> require. "Net operating income"shall mean all cash receipts from the Property I�s all cash expenditures made in connection with the operatlon <br /> of the Property. <br /> Applicable Law. Thls Deed of Trust has been dellvered to Lender and accepted by Lender In the State of Nebraska. Thls Deed of Trust <br /> shall be povemed by and construed In aa�rdance wlth the taws of the State of Nebraska. <br /> CapUon Fbedln�s, Captlon headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret w define the <br /> provlsiona of tt�s Deed of Tru�t. <br /> Msr�sr. Thare shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the Properly at any <br /> dme held by or for tlw beneflt of Lender In any capacity,wlthout the wrNten consent of Lender. <br /> MuNlple Partles. All obligaHons of Trustor under this Deed of Trust sheH be joint and several,and aN refererxes to Trustor shall mean each and <br /> every Trustor. This means that each of the persons siqning below Is responsible for all oblipations in this Deed of Trust. <br /> Severabtllty. 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 Nmits of enforc�abiliiy or validity;however,if the offending provision <br /> 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. <br /> Successors and Assigns. Subject to the limitations stated in this Deed of Trust on transfer of Trusto�'s interest,this Deed of Trust shall 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 noHce 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 /> Tlme Is of the Essence. Time is of the�sence in the performance of this Deed of Trust. <br /> Wdvers and Conss�ts. Lender shall not be deemed to have waived any rights under this Deed of Trust(or under the Releted Dxuments) <br /> unle�t wct►�i�In wrpinQ aod by I..�ndK. .I+b dMs�►a on�esion on ths part af Lerlder In e,wrclsl►p any ripM slwN opsrate as a <br /> wai�w�w su�elpFit or��►ir�t.�w�rar�'aA�►p�t dl�pfovl�,a!d�cIN1!a s.wt thY na oon�Ylu+.a wa�Iwr a or pyudic.n�e <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 /> d e a ling be t ween Len der an d Trus tor, s ha l l cons ti tu te a waiver of any of Lender's rights or any of Trustor's obligations as to any future <br /> trensactions. 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 conHnuing consent to subsequent instances where such consent is required. <br /> WMver of Homestead bcemptlon. Trustor hereby releases and waives all righis and benefits of the homestead exempHon laws of the State of <br /> Nebraska as to all lndebtedness secured by this Deed of Trust. <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 /> � ° � <br /> X � X <br /> L EI�ERT JEAN I MANNING <br /> INDIVIDUAL ACKNOWLEDGMENT � <br /> STATE OF <br /> COUNTY OF -- <br /> G�Z�,�� �8S <br /> On this day before m;u,tha u�dscsipned hotiuy Publi;,peisonsply aFaeared e'.lICHAE��NclB�F3T a�-�.lJ,k:E 3,MIt.NNhYG,to me known to be <br /> tt►e indfvidwls dss�xibed In and who eocecuted the Deed of Tnnt, nowlsdped that slpned ths peed ef Tn�st as , �nd vdu�ary <br /> act and deed,for the uses and purposes therein mentlo / <br /> Glven under my hand d seal thts � day of, `�� �g <br /> �,�,1:'? Grf'`°,, By <br /> ' ' 7 <br /> `��� �N�,���i°qh,ys Notary Publk In for the of <br /> �° }'' A'�'( �a/eo�, Reeldln�M <br /> `°a.:ti',�� c M va <br /> `'r0 4;,p�Fl�,��3s�d My commisslon explres <br /> �?1�U <br /> 0 <br /> � �F �� � � "a" A� ��� � <br />