|
�2-23-1999 DEED OF TRUST :�� � �, `�1� � Page 6
<br /> Loan No 1064120 (Continued)
<br /> instrument executed and acknowledged by Lender and recorded in the office of the recorder of HALL Counly,Nebraska. The instrument shell
<br /> contain, in addiHon to all oth� matters required by state law, the names of the original Lender,Trustes, and Trustor,the book and page(or
<br /> comput�system reference)where this Deed of Trust is recorded,and the name and address of the successor trustee,and the insirument sheN
<br /> be executed and acknowledged by all the beneficia�ies under the Deed of Trust or their successors in interest. The successor trustee,without
<br /> conveyance of the Properiy,shall succeed to ali the title,power,and duties conferred 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 ali other provisions for subsHtution.
<br /> NOTICES TO TRUSTOR AND OTHER PARTIES. Any notice under this Deed of Trust shall be in writing, may be sent by telefacsimite (ur►less
<br /> otherwise required by law), and shall be effective when actually delivered, or when deposited with a nationally recogni�d ovemi�ht courier, or, N
<br /> mailed,shall be deemed effective when deposited in the United States mail first class,certified or registered mail,postaQe prepaid, directed to the
<br /> addresses shown near the beginning of th(s Deed of Trust. Any party may change its address for notic�s under this Deed of Trust by pivinp formal
<br /> written nodce to the other parties,specifying that the purpose of the notice is to change the part�s address. Ali copi�of no�of foredosure from
<br /> the hdder of any lien which has priority over this Deed of Trust shall be sent to Lender's address,as shown near the beginniny 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 /> MISCELLANEOUS PROVISIONS. The following misc�lllaneous provisions are a part of thts Deed of Trust:
<br /> Amandments. This Dsed of Trust,together with any Related Documenis,constitutes the entire und�standiny and agreement of the paAies as
<br /> to the metters set forth in this Deed of Trust. No altaratlon.of or amendment to this Deed of Trust shail be effective unless�iven in writlnp and
<br /> sipned by the party or pa�ties souqM to be charged or bound by the alteraUon or amendment.
<br /> Mnual Reports. If the Property is used for purposes other than Trustor's residence,Trustor shall furnish to Lender, upon request,a certified
<br /> statement of net operating income received from the Property during Trustor's previous fiscal year in such form and detail as Lender shaN
<br /> require. "Net operaHng income"shall mean all cash receipts from the Property less all cash expenditures made in connectlon with the operatlon
<br /> of the Property.
<br /> Applicable Law. This Deed of Trust has been dellvered to Lender and accepted by Lender In the State of Nebraaka. This Desd of Tnut
<br /> shall be povemed by and consirued in accordance with the laws of the State of Nebraska.
<br /> Captlon Headinys. Caption hsedings In this Dsed of Trust are for convenience purposes only and are not to be used to interpret or define the
<br /> provisions of this Deed of Trust.
<br /> Meryer. There shall be no merger of the interest or estate created by this Dsed of Trust with any other interest or�tate in the Property at any
<br /> time held by or for the benefit of Lender in any capacity,without the wriNen consent of Lender.
<br /> Multiple Partles. Ali obligations of Trustor under this Dsed of Trust shall be joint and several,and all references to Trustor sheU mean each and
<br /> every Trustor. This means that each of the persons signing below is responsible for all obligations in this Desd of Trust.
<br /> Severabllity. If a cou�t of competent jurisdiction finds any provislon of this Deed of Trust to be invalid w unenforceable as to any person or
<br /> circumstance, such flnding shall not render that provision invalid or unenforceable as to any other persons or circumstances. If feasible,any
<br /> such offending provislon shall be deemed to be modified to be within the limits of enforceability or validity; however,if the offendiny provision
<br /> cannot be so modified,it shall be stricken and all other provisions of this Dsed of Trust in all other respects shall remain valid and enforceable.
<br /> Successors and ABSipns. Subject to the timitatlons stated in this Deed of Trust on transfer of Trustor's interest,this Deed of Trust ahaN be
<br /> bindiny upon and inure to the beneHt of the parties, their succ�ssors and assigns. If ownership of the Property becornes vested fn a person
<br /> other than Trustor, Lender, without notice to Trustor, may deal with Trusta's successors with reference to this Deed of Trust and ths
<br /> Indebtedness by way of forbearance or extension without releesing Trustor from the obligatior� of this Deed of Trust or NabNily under the
<br /> Indebtedness.
<br /> Tlme Is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br /> WNvers and Consents. Lender shall not be dsemed to have waived any rights under this Deed of Trust(or under the Related Documents)
<br /> unless such waiver is in writing and signed by Lender. Ng delay or omission on the part of Lender in exercising any right shall operate as a
<br /> waiver of such ri�ht or any MF�ripht. A weiver by any pnrty of a provision of thfs Deed of Trust shell not constltute a w�d or prejudica ths
<br /> parly's right otherwise to demand shict compliance wfth that provision or any other provision. No prior waiver by Lender, nor eny course of
<br /> dealing between Lender and Trustor, shall consHtute a waiver of any of Lender's rights or any of Trustor's obligatlons as to any (uture
<br /> transactions. Whenever consent by Lender is required in this Deed of Trust,the granting of such consent by Lender in any instance shell not
<br /> constitute continuing consent to subsequent instances where such consent is required.
<br /> Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead exemptlon lews of the State of
<br /> Nebraska as to all Indebtedness 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 /> ,�,� d.�r--/�� X 1 .
<br /> D S W BRUNS AN UNS
<br /> INDIVIDUAL ACKNOWLEDGMENT
<br /> STATE OF ��
<br /> )SS
<br /> COUNTY OF
<br /> On this day before me, the undersi d Notary Pubiic, personall peared DENNIS W BRUtJS and ANN E BRUNS, to me known to be the
<br /> individuals described in and who ec' ed the Deed of Trust,an knowledged that signed the Deed of Trust as their free and vduntary act
<br /> and deed,for the uses and p t n mentlo
<br /> Given under my hand and oMl�Tel'; � �� �� day f ��� 1
<br /> +�. �� � �
<br /> s �s � �
<br /> ' `n`�g°r Notary Public In for the S ate of
<br /> �,,;�, =v 9� �,
<br /> j '�i � Restdin at
<br /> �? � ! ;,� � �
<br /> ��?,��°l My commission expires � �
<br /> 4 `"s � -'r
<br /> �t��.'� `'6
<br /> �
<br /> '�(`+,y y
<br /> 0
<br /> �. �i A e
<br /> � +� � � A r� . .
<br />
|