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DEED OF TRUST 9 9 � i �� � � Page 7
<br /> (Continued)
<br /> Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section.
<br /> POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this
<br /> Deed of Trust:
<br /> Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the following
<br /> actions with respect to the Property upon the written request of Lender and Trustor: la) join in preparing and filing a map or plat of
<br /> the Real Property, including the dedication of streets or other rights to ihe public; (b) join in granting any easement or creating any
<br /> restriction on the Real Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or the interest of
<br /> Lender under this Deed of Trust.
<br /> Trustee. Trustee shall meet alI qualifications required for Trustee under applicable law. In addition to the rights and remedies set
<br /> forth above, with respect to all or any part of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lender
<br /> will have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable
<br /> law.
<br /> Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under
<br /> this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of HALL County,
<br /> State of Nebraska. The instrument shall contain, in addition to all other matters required by state law, the names of the original
<br /> Lender, Trustee, and Trustor, the book and page (or computer system reference) where this Deed of Trust is recorded, and the name
<br /> and address of the successor trustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed
<br /> of Trust or their successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the title,
<br /> power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustee
<br /> shall govern to the exclusion of all other provisions for substitution.
<br /> NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any notice of
<br /> sale shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise
<br /> required by law1, when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as
<br /> first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All
<br /> copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address, as
<br /> shown near the beginning of this Deed of Trust. Any person may change his or her address for notices under this Deed of Trust by giving
<br /> formal written notice to the other person or persons, specifying that the purpose of the notice is to change the person's address. For
<br /> notice purposes, Trustor agrees to keep Lender informed at all times of Trustor's current address. Unless otherwise provided or required
<br /> by law, if there is more than one Trustor, any notice given by Lender to any Trustor is deemed to be notice given to all Trustors. It will be
<br /> Trustor's responsibility to tell the others of the notice from Lender. Notwithstanding the foregoing, the address for notice for Lender is:
<br /> Bank One, P.O. Box 29582, Phoenix, AZ 85038.
<br /> IDENTITY OF LENDER. Lender is Bank One, N.A., a national banking association with its main offices located in Columbus, Ohio.
<br /> MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br /> Amendments. What is written in this Deed of Trust and in the Related Documents is Trustor's entire agreement with Lender
<br /> concerning the matters covered by this Deed of Trust. To be effective, any change or amendment to this Deed of Trust must be in
<br /> writing and must be signed by whoever will be bound or obligated by the change or amendment.
<br /> Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or
<br /> define the 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
<br /> Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender.
<br /> Governing Law. This agreement will be governed by and interpreted in accordance with federal law and the laws of the State of
<br /> Nebraska, except for matters related to interest and the exportation of interest, which matters will be governed by and interpreted in
<br /> accordance with federal law (inciuding, but not limited to, statutes, regulations, interpretations, and opinions) and laws of the State of
<br /> Ohio. However, if there ever is a question about whether any provision of the agreement is valid or enforceable, the provision that is
<br /> questioned will be governed by whichever state or federal law would find the provision to be valid and enforceable. The loan
<br /> transaction which is evidenced by this and other related documents has been approved, made and funded, and all necessary
<br /> documenis have been accepted by Lender in the State of Ohio.
<br /> No Waiver by Lender. Trustor understands Lender will not give up any of Lender's rights under this Deed of Trust unless Lender does
<br /> so in writing. The fact that Lender delays or omits to exercise any right will not mean that Lender has given up that right. If Lender
<br /> does agree in writing to give up one of Lender's rights, that does not mean Trustor will not have to comply with the other provisions
<br /> of this Deed of Trust. Trustor also understands that if Lender does consent to a request, that does not mean that Trustor will not
<br /> have to get Lender's consent again if the situation happens again. Trustor further understands that just because Lender consents to
<br /> one or more of Trustor's requests, that does not mean Lender will be required to consent to any of Trustor's future requests. Trustor
<br /> waives presentment, demand for payment, protest, and notice of dishonor.
<br /> Severability. If a court finds that any provision of this Deed of Trust is not valid or should not be enforced, that fact by itself will not
<br /> mean that the rest of this Deed of Trust will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this
<br /> Deed of Trust even if a provision of this Deed of Trust may be found to be invalid or unenforceable.
<br /> Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor's interest, this Deed of Trust
<br /> shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes
<br /> vested in a person other than Trustor, Lender, without notice to Trustor, may deal with Trustor's successors with reference to this
<br /> Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Trustor from the obligations of this Deed of
<br /> Trust or liability under the Indebtedness.
<br /> Time is of the Essence. Time is of the essence in the performance of this Deed of Trust.
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