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DEED OF TRUST <br />Loan No: 776665 (Continued) 200301980 Page <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 Truster: let join in preparing and filing a map or plat of <br />the Real Property, including the dedication of streets or other rights to the public; lb) join in granting any easement or creating any <br />restriction on the Real Property; and Id join In any subordination or other agreement affecting this Dead of Trust or the Interest of <br />Lender under this Deed of Trust. <br />Trustee. Trustee shall meet all 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 Lander <br />will have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by appllcable <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 Truster, the book and page for 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 Dead <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 he given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise <br />required by law), when deposited with a nationally recognized overnight courier, or, it mailed, when deposited in the United Stales 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 Dead 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, Truster 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 Truster, any notice given by Lender to any Truster is deemed to be notice given to all Trustors. It will be <br />Trust, s responsibility to tell the others of the notice from Lender. <br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Dead 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 Dead 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 Dead of Trust will be governed by and interpreted in accordance with federal law and the laws of the State of <br />Nebraska. This Deed of Trust has been accepted by Lender in the State of Nebraska. <br />Choice of Venue. If there is a lawsuit. Truster agrees upon Lender's request to submit to the jurisdiction of the courts of Hall County, <br />State of Nebraska. <br />Joint and Several Liability. All obligations of Borrower and Truster under this Deed of Trust shall be joint and several, and all <br />references to Truster shall mean each and every Truster, and all references to Borrower shall mean each and every Borrower. This <br />means that each Borrower and Truster signing below is responsible fur all obligations in this Deed of Trust. <br />No Waiver by Lander. Trustor understands Lender will not give up any of Lender 'a 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 Lander has given up that right. If Lander <br />does agree in writing to give up one of Lenders rights, that does not mean Truster will not have To comply with the other provisions <br />of this Deed of Trust. Truster also untlerstantls that if Lender does consent to a request, that dues not mean that Truster will not <br />have to get Lender's consent again if the situation happens again. Truster further understands that just because Lender consents to <br />one or more of Truster 'a requests, that does not mean Lender will be required to consent to any of Trusmir's future requests. Truster <br />wawes 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 Truster 'a 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 Truster. Lender, without notice to Truster, may deal with Trustor's successors with reference m this <br />Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Truster 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 Dead of Trust. <br />Waiver of Homestead Exemption. Truster hereby releases and waives all rights and benefits of the homestead exemption laws of the <br />State of Nebraska as to all Indebtedness secured by this Deed of Trust. <br />DEFINITIONS. The following words shall have the following meanings when used in this Dead of Trust: <br />