Laserfiche WebLink
DEED OF TRUST <br />Loan No: 9002 2002049321Conlinued) 200204032 Peg,7 <br />Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to Me rights and rerneeiee rat <br />torts above, with respect to all or any part of the property, Me Trustee Shall base Me right to tormlo.. by notice and sale, and Lender, <br />shell have Me right to foreclose by iudiclal forxlosure, He e'dher case in accordance with and to the full aatmt Provided by applicable <br />law. <br />Succaswr Trustee. land., at Lender's option, may from iene to time appoint a svace rsm Trustee to any Trustee appointed under <br />this Dead of Trust by an nrtrument executed and acknowledged by Lander and recorded n Me office of Me rm.der of Hall County, <br />State of Nebraska. The insmumant siren contain, in addition to all other matters required by state law, Me names of Me original <br />Lander. Trustee, and Truster, the book and page (or computer system reference) where this Deed of Trust is recorded, and Me name <br />and add,... of the suceeesor trustee, and Me nstrummt shall be executed and acknowledged by all Me beneficiaries under Mir Deed <br />of Trust or their successors in interest. The successor trustee, without conveyance of Me Property, Shall succeed to all the title. <br />power, and duties cmforred upon the Trustee in this Deed of Trust add by applicable law. This procedure for substitution of Trainee <br />.hall govern to the exNusim of all am. provisions for Substitution. <br />NOTICES. Any notice required to be given unit. this Dead of Trust, including without limhatim any notice of default and any notice of <br />.ale shall be given n writing, and shall ad effective wham actually delivered, whin Annually rmeived by talefacatmile (unless otherwise <br />required by law), when deposited with a nationally rmognizad overnight course, or, if ma9ad, when delate ad in the United Ststee nag, are <br />feet class, certified or registered mail Postage prepaid, directed to Me ad&... shown near Me begin, of this Dead of Trust. Ag <br />copies of notices of formlosura from Me holder of my lim which has priority over Mis Dead of Trust shall be sent to Lender's address, a. <br />Shown no. Me beginning of this Deed of Trust. Any perry may change its ad &.. for notions under this Deed of Trust by giving formal <br />written notice W the other parties. specifying that Me purpose of Me notice is to change the party's address. For notice automates, Trui <br />agrees to keep Lender informed at all times of Truator'. current address. Unless otherwise provided or required by law, if there is more <br />than one Truster, my notice given by Lender to my Truster is deemad to be notice given to ell Trusters. <br />MISCELLANEOUS PROVISIONS. The following miscellenaous provisions are a part of thb Deed of Trust <br />Amendments. This Deed of Trust, together with any Related Documents, constitutes, Me amore understanding and agreement of Me <br />parties as to the matters set forth an this Dead of Trust. No alteritim of or ammdmmt to this Dead of Trust shall be affective unless <br />given in writing and signed by Me party or parties sought to has charged or bound by Me alteration or amendment. <br />Annual Reports. If the Property is used for purposes other than Truster's misdirect, Truster shall furnish to Lander, upon request, a <br />ertified statement of net operating income received from Me Property during Trustor's previous fiscal year in such form and detad as <br />Lender shall require. -Nat operating income' shall mean all cash receipts from the Property less all cash expenditures meth in <br />connection with the operation of the Property. <br />Caption Headings. Caption headings m Mis 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 Me interest or estate created by Mis Deed of Trust with any other interest w .stet. in Me <br />Property at my time held by or for the benefit of Lender in any capacity, without the written consent of Lander. <br />Deserting Law. This Deed of Trust will be gowmnd by, construed arts enforced in accordanee with federal law and the laws of Me <br />State of Kmeae. except and only to Me extant of procedural matters related to the Reflection and eMoreanent of Lender'. rights and <br />remedial against the Papa ti, which manors shall ba gowned by the laws of the State of Nebraska. However, in Me event that the <br />enforceability or validity of my provision of this Dead of Trust is challenged or questioned, auah prowson shall bar gowned by <br />whichever applicable State or federal law would uphold or would enforce such challenged or questioned prevision. Th. bus <br />transaction which is evidenced by the Note and this Deed of Trust has been applied for, consWered. approved and made, and cog <br />necee..ry loan document. have been i cto pla d by Lander in the State of Kane.. <br />No Waiver by Lander. Lender shall not be deamed to have waived any rights under this Dead of Trust unless such Weisser is given in <br />writing and signed by Lentler. No delay or omission on the part of Lender in exercising any right shell operate as a waiver of such <br />right or any other right. A waiver by Lmdm of a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lander's <br />right otherwise to demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by <br />Lender. nor any truest, of dealing between Lender And Truster, shall constitute a waiver of any of Lmder's rights or of any of <br />Trustor's obligations as to any future transactions. Whmay. Me consent of Lender is required under Mike Deed of Trust, Me gramng <br />of such consent by Lender in any instance shall not constitute continuing consort to subsequent instances where such consent is <br />required and In All cases such consent may be granted or withhold in the sole discretion of Lender. <br />Sewrablart. It A court of competent jurisdiction finds any provision of this Dead of Trust to be illegal, invalid. or unmforceable as to <br />any circumstance, that finding shall not make the offending provision illegal, invalid, or unmforcmble as to any other circumstance. If <br />fesshle, the Offending provision shall be eOn.idwed modified so Mat n becomes legal, valid and mforceable. R Me offending <br />provision cannot be so modified, it shat] be considmad deletad from this Deed of Trust. Unless otherwise requkad by law, Me <br />illegality, invalidity, or unenforceability of any provision of this Deed of Trust shall not affect Me Apathy, validity or enforceebgiry of <br />any other provision of this Deed of Trust. <br />Successors and Assigns. Subject to any limitations stated in Mis Dead of Trust on transfer of Trainor's interest, this Deed of Trust <br />shall be binding upon and inure to the benefit of Me parties, their successors and assigns. H ownership of Me property becomes <br />vested in a person other than Truster, Lender, without notice to Tmstor, may deal with Tmstw's successors with reference tP Mir <br />Dead of Trust and the Indebtedness by wey of forbearance or extension without releasing Truster from the obligations of Mis Dead of <br />Trust or liability under the Indebtedness. <br />Times Is of the Essence. Time is of the essence in the performance of this Dead of Trust. <br />Wall. Jury. All part].. 1. this Dead of True, hereby waive the right be sty fury trill in any action, proceeding, or aounterclMm brought <br />by any Petty against any other pate. <br />Waive of Homestead Exemption. Truster hereby releases and waives all rights and benefits of the homestead exemption laws of the <br />State of Nahraska as to all Indebtedness secured by this Dead of Trust. <br />