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��-22-1999 DEED OF TRUST ' Pa�e 6
<br /> Loan No 1045160 (Continued) -
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<br /> contain, in addition to all 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 trustee,and the instrument shall
<br /> be executed and acknowiedged 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 confened 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 OTFIER 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, or when deposited with a natio�ally recopnized overnight courier, or,if
<br />� mailed,sheil be deemed effective when deposited in the United StateS mail fkst class,certified or registered mail,postage prepaid,directed to the
<br /> addresses shown near the beginning of this Deed of Trust. Any party may chenge its address for notices under this Deed of Trust by giving formal
<br /> written notice to the other pardes,specifying that the purpose of the notice is to change the part�s address. All copies of notices of foreclasure irom
<br />� the holder of any lien which has priority over this Deed of Trust shail 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 ail dmes of Trustor's current address.
<br />" MISCELLANEOUS PROVISIONS. The following miscellaneous provisfons are a part of this Deed of Trust:
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<br /> Amendmenb. This Deed of Trust,together with any Related Dxumsnts,constffutes tFw entke understandirp and ayresmsnt of the partle�as
<br /> to tha n�tters sat forth in Ws Dead d Trus� No alt�atlon of or a�rwndrnsnt to tMs Doad d Tnist sFwN ba�Moctlw ur�less pi�ren in w►IYtlrp and
<br />� ��t. s�,�ph�<i�r��a�A�r.aM�a anMnd�M.�
<br /> M�NnI lifip0���1fis'l�ro�iily ii tNi�t'io�r'�'�Ni���''�1ars.�IdN10f�Tit�or shdl.Ax�ish to Lend�r,upon request,a cartlfled
<br /> statement of net operating income received from the Property during Trustor's previoUs fiscal year'in such form.and"detail as Lender shall
<br /> require. "Net operating income"shall mean all cash receipts from the Property less all cash expenditures made in Connection with the operetion
<br /> of the Property.
<br /> ApplM.able Law. This Deed of Trust has been delivered to Lender�d accepted by Lender in the State of Nebraska. This Deed ot Trust
<br /> shall be yovemed by and construed In accordance with the laws of the State of Nebraska.
<br /> Captbn Fbadin�s. Ceptlon headings in this Deed of Trust are tor convenience purposes only and are not to be used to interpret or define the
<br />_ provisions of this Deed of Trust.
<br /> Merpsr. Tharo shaA be no merper of the interest or estate created by this Deed of Trust with any other interest or estate in the Property at any
<br /> tlme held by or for ttw beneflt of Lender in any capac�ty,withoW the written consent of Lender.
<br /> MuNlple Parties. All obiigations of Trustor under this Deed of Trust shaN be jant and several,and aN refererx�s to Trustor shail mean each and
<br /> every Trustor. This means that each of the persons signin�below is responsible for dl oblipaUons 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 arcumstanc�s. If feasible,any
<br /> such offending provision shall be deemed to be modified to be wi#hin the limits of enforceability 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 Trustor's interest,this Dsed 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 /> Time Is of the Esaence. Time is of the essence in the performance of this Deed of Trust.
<br /> Wdvsrs and Conssnts. Lender shall not be deemed to have waived any rights under this Deed of Trust(or under the Releted Dxuments)
<br /> ur�ss suct►waivqr k in w�p and sbr�ed by Ls�. No d�y a omission on tha pot af Lendsr In e�wrclsirp 4ny ripM sFwN opsrata as a
<br /> wahr�a sud�rl�r or at+�►�r rtpM- �l watv�t tig►a�yy piWy dt�p►aA�on a M�tt w.r a'Frwt sndl na conaNul.a wriwr or or pnyud�c.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 granHng 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 Exemptiw�. Trustor hereby releases and waives all righis and benefits of the homestead exempHon laws of the State of
<br /> Nebraska es to all lndebtedness secured by this Dsed of Trust.
<br /> EACH TRUSTOR ACKNOWLEDGES HAVING READ ALL TFIE PROVISIONS OF TNIS DEED OF TRUST,AND EACH TRUSTOR AGREEB TO ITS
<br /> TERMS.
<br /> TRUSTOR:
<br /> � p �
<br /> X � X
<br /> L EUBERT JEAN I MANNING
<br /> INDIVIDUAL ACKNOWLEDGMENT �
<br /> STATE OF
<br /> COUNTY OF --
<br /> _ C���Z� 1 SS
<br /> On this day before m�,tha u�dsFSipned hotary PubG�,person�ily aFaeared F1ICHAE�!�,NcI��RT ar�J=M:E t;lY�f'.NWlHG,to me known to be
<br /> the individuals des�xibed In and who eocecuted the peed of Trust, nowledped that y slpned ths peed of Trust as , and vdynf�ry
<br /> act and deed,for the uses and purposes therein mentio d. /
<br /> Glven under my hand al seal thls � day ot, `°� �g
<br /> �� �'�,-`%��,, 'By
<br /> '��� �1�-j�j �iqh�r Notary Publlc In for the of
<br /> �''•T A�1� ��a�PO��P Resldln�at
<br /> �;�•-� �r � ��
<br /> p 4M�F(�� �f�a My commisslon e�cplres
<br /> �?1�U0
<br /> ('� �� � � � :�, �� ^;a �
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