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- 12-27-7999 DEED OF TRUST Page 7 Loan No 765877 (Conttnued) - .. �9,� ..1�. 212 3 computer system reference)wF�ere this Deed of Trust is recorded,and the name and address of the successor trustee,and the instrument shall be euecuted and acknowledged by all the beneficiaries under the Deed of Trust or their sucxessors In interast. The successor trustee,without conveyance of the Property,shall succeed to all the tltle,power,and dutlas conferred upon the Trustee in this Dsed of Trust and by applicable law. This procedure for subsdtutlon of trustee shall govem to the exclusion of all other provisions for subsdtutlon. NOTICES TO TRUSTOR AND OTHER PARTIES. Any notice under this Deed of Trust shall be in writlng, may be sent by telefacsimlle (unless otherwise required by law), and shall be effective when actually delivered, or when deposited with a naHonally recognized overnight courfer, or, if mailed,shall be deemed effective when deposited in the United States mail flrst class,certified or registered mail,postage prepa(d,directed to the addresses shown near the beginning of this Deed of Trust. Any party may change iis address for notic�s under this Deed of Trust by giving formal written notice to the other parties,specifying that the purpose of the notice is to change the pa�ty's address. All coples of notices of foneclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lenders address,as shown near the beginning of this Deed of Trust. For notice purposes,Trustor agrees to keep Lender and Trustee informed at all tlmes of Trustor's current address. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Dsed of Trust: Amendments. This Deed of Trust,together with any Related Documents,constltutes the enHre understanding and agreement of the parties as to the matters set forth in this Deed of Trust. No alteraHon of or amendment to this Deed of Trust shall be effecHve unless given in wriHng and signed by the party or parties sought to be charged or bound by the alteretion or amendment. Applicable Law. This Deed of Trust has been dellvered to Lender and accepted by Lender In the State of Nebraska. This Deed of Trust shall be povemed by and construed In accordance wlth ths laws ot the State of Nebraska. Caption Headinys. Caption headings in this Deed of Trust are for conven(ence purposes only and are not to be used to interpret or define the provisions of this Deed of Trust. Meryer. 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 rime held by or for the beneflt of Lender in any capacity,without the written consent of Lender. Multiple Parties. All obligations of Trustor under this Desd of Trust shall be Joint and several,and all references to Trustor shall mean each and every Trustor. This means that each of the persons signing below is responslbte for all obligadons in this Deed of Trust. Severability. If a court of competent jurisdictlon flnds any provision of this Deed of Trust to be invalid or unenforceable as to any person or circumstance,such flnding shall not render that provision invalid w unenforceable as to any other persons or circumstances. If fessible,any such offending provision shall be dsemed to be modified to be wfthin the limits of enforceability or validity; however,if the offending provision cannot be so modified,it shall be sMcken and all other provisions of this Dsed of Trust in all other respects shall remain valid and enforceable. Successors and Assigns. Subject to the limitations stated in this Deed of Trust on transfer of Trustor's interest,this Deed of Trust shall be binding upon and inure to the beneflt of the parties,their successors and assigns. If ownership of the Properiy becomes vested in a person other than Trustor, Lender, without notice to Trustor, may deal with Trustor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Trustor from the obligations of this Deed of Trust or liability under the I ndebtedness. Time Is of the Essence. Time is of the essence in the performance of this Deed of Trust. Walvers and Consents. Lender shall not be deemed to have waived any rights under this Deed of Trust(or under the Related Documents) unless such waiver is in writing and signed by Lender. No delay or omission on the part of Lender in exerasing any right shall operate as a waiver of such right or any other right. A waiver by any party of a provision of this Deed of Trust shall not constltute a waiver of or prejudice the party's right otherwise to demand strict compliance with that provision or any other provision. No prior waiver by Lender, nor any course of dealing behnreen Lender and Trustor, shall constitute a waiver of any of Lender's righis or any of Trustor's obligatlons as to any future transactions. Whenever consent by Lender is required in this Deed of Trust,the granting of such consent by Lender in any instance shall not consHtute conflnuing consent to subsequent instances where such consent is reqWred. Walver of Homestead E7cemptlon. Trustor hereby releases and waives all rights and benefits of the homestead exempUon Iaws of the State of Nebraska as to all Indebtedneu secured by this Deed of Trust. EACH TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST,AND EACH TRUSTOR AGREES TO ITS TERMS. TRUSTOR: ' . 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