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�2_73-lggg DEED OF TRUST �f� � � �,7 5 7 Page 6
<br /> Loan No 1055698 (Continued)
<br /> enforcement of its rights shaA become a part of the Indebtedness payable on demand and shaN bear interest at the Note rate irom the da�of
<br /> expenditure unHi repaid. E�enses covered by this paragreph indude,without RmitaHon, however subject to arry Nmits under appNcabM law,
<br /> Lender'&atlorneys'fees whether or not there is a lewsuR,indudinp attorneys'fees for baMcruptcy proceedin�s (indudirp efforts to modty or
<br /> vacate any automatic stay or injunction), appeQls and any antiapated past-judgment cdlectlon services, the cost of searchfng records,
<br /> obtainin� tlde reporis (includinp foredosure reports),surveyors'reporis,appraisal fees,tide insunnce, and fees for the Trustee,to the wcfent
<br /> permitted by applicable law. Trustor also wiN pay any court costs,in addition to aa other sums provided by law.
<br /> Ri�hb of Truatee. Tr�tee shaN h4ve ap M the riphis and dudss of Lender as s�forth in this section.
<br /> POWERS AND OBLIGATIONS OF TRUSTEE. The fdlowing provisions rela6rq to the powers and obligatlons of Trustee are part of this Deed of
<br /> Trust.
<br /> Powers of Trustee. In addidon to aN powers of Trustea arising as a matter of law,Trustee shall have the power to take the foNowirp acdons
<br /> with respect to the Property upon the written request of Lender and Trustor: (a)join in preparing and filing a mep or plat of the Reai Property,
<br /> including the dedicaHon of streets or other righis to the public; (b)join in grantlng any easement or creating any restricdon on tha Reel Properly;
<br /> and (c)jdn in any subordinetion or other agreerr�nt affectiny this Deed of Trust or the interest of Lender under this Deed of Trust.
<br /> Trustee. Trustee shali meet all quaGfications required for Trustee under applicable law. In addiHon to the righis and remedies set Mrth above,
<br /> with respect to all or any part of the Property,the Trustee shall have the right to foreclose by notice and sale,and Lender shaN have the ripht to
<br /> foreclose by judicial foreclosure,in either case in accordance with and to the fuN extent provided by applicable law.
<br /> Suceeasor Trustee. Lender,at Lender's option,may trom�me to time appant a successor Trustee to any Trustee appointed hereunder by an
<br /> instrument executed end acknowledged by Lender and recorded in ttw offioe of the recorder of HALL County,Neb�aska. Ths instrument shaH
<br /> contain,in addition to aU other matters required by state lew,the names of the oripinal Lender,Trustee,and Trustor,the book and p�s(or
<br /> computer system reference)where this Deed of Trust�recorded,and the name and address of the suxessor trustee,and the instrumeM shaN
<br /> be executed and ecknowledged by sH the beneficiaries under the Deed of Trust or their sucx�ssa�s in interast. The successor trus�e,without
<br /> conveyan�of the Property,shall succeed to aN the tide,power,and duties conferred upon the Trustee in this Deed of Trust and by appAcabb
<br /> law. This procedure for substitution of trustee shaN Qovem to the exclusion of aN other provisions for substitulion.
<br /> NOTICES TO TRUSTOR AND OTHER PARTIES. Any notice under this Deed of Trust shaN be in writin�, may be sent by telefacsimfle (unless
<br /> dtherwise required by law), and shaA be effective when acfually delivered, or when deposited with a natlonaNy recopnized overMpht courier, or, if
<br /> mailed,sheN be deemed effective when deposited in the United States mafl first dass,certified or repistered maH,postape prepaid,directed to ttw
<br /> addresses shown near the beginning of this Deed of Trust. Any pa►iy may charqe Ns address for notices under this Deed of Trust by flivirq formal
<br /> written noiice to the other parties,speciying that the purpose of the notice is to change the party's address. All copies of notices of foreclosure from
<br /> !he helder of any ifen which has priority�ver this Deed of Trust shall be sent to Lender's address,as shown neer the beginninp of this Deed ot Trust.
<br /> For noace purposes,Trustor agrees to keep Lender and Trustee informed at aN tlmes of Trustor's cuRent address.
<br /> MISCEILANEOU3 PROVISIONS. The foilowing miscc�lllaneous proWsions aro a part of tMs Deed of Trust:
<br /> Amendmsnts. This Deed of Trust,together with any Fblat�d Dxuments,constltutes the en�re understandinp and aflreement of the parMes as
<br /> to the maflers set forth in this Deed of Trust. No alteratlon of or amendment to ttds Deed of Trust shaN be effecdve unless�iven in wridnp and
<br /> siyned by the pariy or parties soupht to be charyed or bound by the alteration or amendme�.
<br /> Annud Reports. If the Properiy is used for purposes other than Trustor's residence,Trustor shell furnish to Lender, upon request,a certHled
<br /> statement of net operadng income received irom the Property during Trustor's previous fiscal year in such form and detail as Lender shaN
<br /> require. "Net operaHng income"shall mean aR cash reoeipts from the Property less ali cash expenditures made in connecdon with the operatlon
<br /> of the Property.
<br /> Applkabk Law. This Deed of Trust has been delivered to Lender and accepted by Lender In the State of Nebraska. Thia Deed M Trust
<br /> shall be povemed by and construed in eccordance with the laws of the State of Nebraska.
<br /> Caption Headinps. Ceptlon headings in this Deed of Trust are for convenience purpos�only and are not to be used to interpret or deflne the
<br /> provisions of this Deed of Trust.
<br /> Meryer. There shall be no merger of the interest or estate cxeated by this Deed of Trust with any other interest or estate in the Property at any
<br /> tlme held by or for the benefit of Lender in any cepacity,without the written consent of Lender.
<br /> Multiple Partles. AN obligations of Trustor and Barower under this Deed of Trust shaN be jant and several,and aN refererx�es to Borrower shaN
<br /> mean each and every Borrower,and all referenc�s to Trustor shall mean each and every Trustor. This means that each of the persons signing
<br /> below is responsibie for dl obliqaHons in this Deed of Trust.
<br /> Severabtlity. If a cowt of competent ju►isdiction finds any provision of this Deed of Trust to be invaNd or unenforceQble as to any person or
<br /> circumstance, such finding shall not render that proviSion invalid or unenfo�ceable as to any other persons or dreumstanoes. tf feasfbk,any
<br /> such otfendinp provision shaA be deemed to be moditi�ed to be within the Amiis of enforceabNity or validity; however,ff the offendinp provision
<br /> cannot be so modifi�ed,ft shaN be sMcken and aN other provisions of this Deed of Trust in all other respects shaN remefn vaNd and enforceable.
<br /> Successors end Assigns. Subject to the limitadons stated in this Deed of Trust on transfer of Trustor's interest,this Deed of Tnast sheN bs
<br /> binding upon end inure to the bene6t of the parties,their s�sors and assigns. If ownership of the Property becomes vested In a person
<br /> other than Trustor, Lender, without �otice to Trustor, mey deal with Trustor's s�sa's wfth reference to this Deed of Trust and the
<br /> Indebtedness by way of forbearance or extension without releasing Trustor firom the obliga4ons of this Deed of Trust or liebility under the
<br /> Indebtedness.
<br /> THne is of the Essence. Time is ot the essence in the performance of this Deed of Trust.
<br /> Wdvera and Consents. Lender shell not be deemed to Fiave waived any rights under this Deed of Trust(or under the Related Doc;uments)
<br /> unless such weiver is in writing and siyned by Lender. No delay or omission on the part of Lender in axerdsinp any ri�ht shnll operats as a
<br /> waiver oi such rpht or any other ripht. A waiver by any peAy of a prov�ion of this Deed of Tn�st shall not consUtuie 8 waiver of or preJudioe the
<br /> party'a right otherwise to demand strict compNance with that provision or any other provision. No prior waiver by Lender, nor any course of
<br /> deaNng between Lender and Trustor or Borrower,shaH constitute a waiver of any of Lender's rights or any of Trustor or Borrower's obNgado�
<br /> as to any future transactlons. Whenever consent by Lender is required in this Deed of Trust,the grantirp of such conseM by Lender in any
<br /> ir�stance shaN not constltute contlnuing consent to subsequent ir�stances where such consent fs required.
<br /> Wdver of Homestead Exemption. Trustor hereby releases and waives aN rights and ber�etits of the homestead exempHon I�ws of the State of
<br /> Nebraska as to aU Indebtedness secured by this Deed of Trust. �
<br /> EACH TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST,AND EACH TRUSTOR AGREE8 TO ITS
<br /> TERMS.
<br /> TRUSTOR:
<br /> X %�'l X �� � �� �� � �
<br /> MARTIN J PA ID MARGA ET J \CMANA AN � `
<br /> f� e� ] l � t /x •
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