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�2-20-1999 DEED OF TRUST Page 7 Loan No 765926 (�onttnued) , ' 9� , 11217 2 computer system reference)where this Deed of Trust�recorded,and tF�name and address of the successor trustee,and the instrument shall be executed and acknowledged by all the beneRciaries under the Deed of Trust or their successors in interest. The successor trustse,without conveyance of the Property,shall succeed to aU the tltle,power,and dudes conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for subsNtution of trustee shall govern to the exclusion of all other provisions for substltutlon. NOTICES TO TRUSTOFi AND OTHER PARTIES. Any noUce under this Deed of Trust shall be in writlny, may be sent by telefacsimile (unless otherwise required by law), and shall be effective when actuairy detivered, or when deposited with a nadonally recogni�ed overnight courier, or, if mailed,shall be deemed effective when deposited in the United States maA flrst class,ceNfied or registered msil,postage prepafd,directed to the addresses shown near the beginning of this Deed of Trust. Any party may chsnge its address for notices under this Deed of Tnut by giving formal written notice to the other parties,specitying that the purpose of the nodce is to change the party's address. All copies of notices of foreclosure from the holder of any lien wh(ch has priority over this Deed of Trust shall be sent to Lender's address,as shown near the beginning of this Deed of Trust. For notice purposes,Trustor agrees to keep Lender and Trustes informed at all dmes of Trustor's current address. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: Amendments. This Deed of Trust,together with any Related Documents,constltutes the entire understanding and agreement of the parties as to the matters set forth in this Deed of Trust. No elteratlon of or amendment to this Deed of Trust shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Appllcable Law. This Deed of Trust has been dellvered to Lender and eccepted by Lender in the State of Nebraska. This Dead of Trust shall be�ovemed by and construed in accordance with the laws of the State of Nebraska. Caption Headings. Caption headings in this Deed of Trust are for convenience pt�rposes only and are not to be used to interpret or define the provisions of this Deed of Trust. Merper. There shall be no merger of the fnterest or estate created by this Dsed of Trust with any other interest or estate in the Property at any time held by or for the beneflt of Lender in any capacfty,without the written consent of Lender. Multiple Partles. All obligations of Trustor under this Deed of Trust shall be)oint and several,and all references to Trustor shall mean each and every Trustor. This means that each of the persons signing below is responsibie for dl obAgations in this Deed of Trust. Severabllly. If a court of competent jurisdiction flnds eny provision of thfs Deed of Trust to be invalid or unenforceable as to any person or circumstance,such flnding shalt not render that provision invatid or unenforceable as to any other p�sons or circumstances. If feasible,any such offending provision shal�be deemed to be modified to be within the Iimits of enforceability or validiy; however,if the offending provision cannot be so modified,it shall be stricken and all other provisfons of thfs Deed of Trust in all other respecls shall remain valid and enforceable. Successors and Assigns. Subject to the limitations stated in th(s Deed of Trust on transfer of Trustor's interest,this Deed of Trust shall be binding upon and inure to the benefit of the parties,their successors and assigns. If ownership of the Property becomes vested in a person other than Trustor, Lender, without noHce 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 irom the obligadons of this Deed of Trust or liability under the Indebtedness. Tlme Is of the Esaence. Time is of the assence in the parformance of this Deed of Trust. Walvers end 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 exercising 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 betwsen Lender and Trustor, shall constitute a waiver of any of Lenders rights or any of Trustors obligaHons 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 constitute continuing consent to subsequent instances where such consent is required. Waiver of Homestead Exemption. Trustor hereby releases and waives all�ights and benefits of the homestead exemption laws of the State of Nebraska as to all Indebtedness 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: � , -- ?';:•;:`'`�!�"�'^.�;:i�iii•`•3i>i3:s;?:�:�a;`:::#i�rrs ::::::::.:::::::.:. ..:::::::::::::::::::::::�:::::::.:::::::::::.......... �...........:::::::::::::::::::::::::::::::::::::.:::::;-:.r:.-::: :;:L':i:;l;;:.:;;•;.':;;:`;.•;,:>;;::::a::::s:::r,r,�...::;:::o>;:r•»:•;>�:::»a••:::.°. . . . ...::::::::::::::::::.�::::::.�. .. . .::.. �:•::::::� :::::;::�.:.::;t::r,:::m»::::::::::::::•. :•::��::::::;•:.• ..:::. ::::: :;� ........::;::;:a:>:n::aw;:::•:••r.•:r.; X:::., •.:�::.n::.•:•:::a...::.::;:::�:;;;::;;;.:�••`...::;ii.'::i;:,,::;;;..•::..::".:`°...::.::::::.......................................... • ... ................................ ............ .. .. .::::.:�: rY •;_..:::ss>;> nnis D Flerstei Che I A Fie ein _. _ �