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DEED OF TRUST <br />Loan No: 773570 (Continued) 200206320 Pagel <br />Rights of Trustee. Trustee shall have all of the rights and duties of Lender as at 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 />toteds with respect to the Property ,pan the written request of Lender and Truster: (a) 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; (b) join in granting any easement or creating any <br />restriction on the Real Property; and Icl 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 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 Properly, the Trustee shall have the right to foreclose by notice and sale, and Lender <br />shall have the right To foreclose by judicial foreclosure, in either case in accurdznue with and to the full extent provided by applicable <br />aw. <br />Successor Trustee. Longer, at Lender's option, may from time to time appoint a ish.waor 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 Trusts, the book and page (or computer system reference) where this Deed of Trust is recorded, and the name <br />and address of the sres essor trustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed <br />of Trust or theirs interest. The r trustee, without ....... no. of the Property, shall succeed to all the title . <br />power, and duties preferred upon the Trustee nu Thin Lend of Trust and by appiieable raw. 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 law), when deposited with a nationally recognized ovemigbt courier, or, if mailed, when deposited in the United States mail, as <br />first glass, carried or registered mall postage prepaid, directed to the addresses shown over the beginning of this Dead of Trust. All <br />copies of uutices of foreclosure frnm 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 party may change its address for notices under this Deed of Trust by giving formal <br />written notice to the other parties, specifying that the purpose of the notice Is to change the party's address. For notice purposes, Truster <br />agrees to keep Lander Informed at all times of Trustor's current address. Unless otherwise provided or required by law, if theca Is more <br />[Iron one Truster, any notice given by Lender to any Trustor is deemed to be notice given to all Trusters. <br />MISCELLANEOUS PROVISIONS. The following n iscullonerms provisions are a part of this Deed of Trust: <br />Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the <br />porous as to the matters At forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless <br />given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. <br />Annual Reports. If the Property is used for purposes other than Toaster's incidence, Truster shall furnish to Lender, upon request, a <br />certified statement of net operating income received from the Property during Truetor's previous fiscal year in such farm and datail as <br />Lender shall require. "Net operating in shall mean all cash receipts from the Property less all cash expenditures nmde in <br />connection with the operation of the Property, <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 />dehne the pr.vislers 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, valued the written consent of Lender. <br />Governing Law, This Dead of Trust will be governed by, construed and enforced in accordance with federal law and the laws of the <br />State at Nebraska. This Deed of Trust has been accepted by Lender in the State of Nebraska. <br />Choice of Venue. If there is a lawsuit, Trustor agrees upon Longer's request to suhmit to the jurisdiction of the courts of HALL <br />County, State of Nebraska. <br />Joint and Several Liability- All obligations of Borrower and Trustor under this Deed of Trust shall be joint ands oral, and all <br />refcrcnucs to Trustor shall n each and every Tmemq and all references to Borrower shall mean each and every Borrower- This <br />means that each Borrower and Trustor signing below is responsible for all obligations in this Deed nt Trust. <br />No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given in <br />wuniug and signed by Lender. No delay n m <br />ra an the part of Lender in exercising any right shall operate a of such <br />right or any other right. A waiver by Lender of a provision of this Deed of Trust shall not prejudice or c nstitute a waiver of Lender's <br />right otherwise to demand strict compliance with that provision o any uther provision of this Dead of Trust No prior waiver by <br />Lender, nor any .use, coaling between Lender and Trusts, shall constitute a waiver of any of Lender's rights u of any of <br />Trustor'$ obligatios s to any future traneactinns. Whenever the consent of Lender is required under this Deed of Trust, the granary <br />of such consent by Lender in any instance shall not Constitute continuum rteerint to subsequent instances where such consent is <br />required and in all cases such consent may be granted or withheld in the sole discretion of Lender. <br />Severability. If a court of compote rt jurisdiction finds any provision of this Deed of Trust to be Illegal, invalid, or unenforceable as to <br />any person or circumstance, that finding shall not moue the offending provision Illegal, invalid, or unenforceable as to any other person <br />or instance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If <br />the offending provision cannot he so modified, it shall be considered deleted from this Deed of Trust Unless otherwise required by <br />law, the Illegality, invalidity, or enforceahility of any provision of this Deed of Trust shall not affect the legality, validity or <br />entoresabillty of any other pus pon of If... Dead of Trust. <br />Successors and Assigns. Subject to any limitations stated In this Decd of Trust ou transfer of Torsmrrs interest, this Deed of Trust <br />