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200207331
<br />DEED OF TRUST
<br />Loan No: 774534 (Continued) Page 7
<br />law.
<br />Braces... buster. Lender, at Lender's option, may from time to time appoint a ., Trustee to any Trustee classified under
<br />if s Dead of Trust M1y an Instrument executed and acknowledged by Lender and raemdad 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 rc orded, and the name
<br />and adduss of the successor trustee, and the Instrument shall be executed and acknowledged by all the beneficiaries under this Deed
<br />of Trust or their recuperate in Interest The successor trustee, without conveyance of the Property, shall succeed to all the title,
<br />power, and duties conferred upon him Trustee in this Deed of Trust and by applicable law. This promudurU for substitution of Trustee, shall Govern to the exclusion of all o tther provlslmrs for enhetihrtion.
<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 telefansimila (unless otherwise
<br />required by law), when deposited with a natunally mmgnioed overnight courier, or, if mailed, when electronid in fire United States mail, as
<br />first class, certified or registered mall postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All
<br />cuplus of netloe, of foraelosure from the holder of any lien whmh has priority over this Dead of Trust shall be sent to Lender's atltlress, as
<br />shown near the beginning of this Deed of Trust. Any party may change its address for upticcs under this Deed of Trust by giving formal
<br />written notice to the other partcs, .puttying that the purpose of the notice Is to change the party's address_ For notes, purposes, Truser
<br />agrees e keep Lender informed at all times of Irooter's cannot address_ Unless otherwise provided or required by law. It them is inure
<br />,Iran min Truster, any notice given by Lender to any Trustor is duened to be henna fore to all Trusters.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous 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 agromnent of the
<br />parties as to the matters set forth in this Deed of Trust. No altaration 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 die Property is road for purposes other than Tmstor'a residence, Trustor shall furnish to Loads, upon request, a
<br />certified statement of net operating In ud from the Property during Trustor's previous fiscal year in ueh form and decal a
<br />Lander shall require. "Net operating income' shall .amen all cash receipts from the Property less all cash expenditures made m
<br />connection with the operation of the Property.
<br />Caption Headings. Caption headings in this Deer) 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 re moTer of the Interest or estate created by this Deed of Trust with any other interest or estate In the
<br />Property at any urnn hold by or far the hell of Lender in any capacity, without the written consent of Lander.
<br />Governing Law. This Deed of Trust will be governed by, construed and enforced in accordance with federal law and the laws of the
<br />State of 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 Lender's request to submit to the mrisdionun of the courts of HALL
<br />Carlo,,, State of Nebraska.
<br />Joint and Several Liability. All obligations of Trustor under this Deed of Trust shall be lulnt and several, and all references to Trustor
<br />shall mean each and uvury Trustor. This means that each Trustor signing below is responsible for all obligations in this Deed of Trust.
<br />No Waiver by Lender. Lender shall not be deemed to have waboal any rights under this Deed of Trust unless such waiver Is given it
<br />wetinq an,l refund by Lender. No delay or omission on the part of Lender re exorcising any right shall operate as a waiver of such
<br />right or any other right. A waiver by Lender of a provision of this Deed of Trust shall not promitioe or constitute a waiver of Lender's
<br />right otherwise to demand strict u nalianee with that provision o any other provision of this Deed of Trust. No prior waiver by
<br />Lender, n any course of dealing between Lender and Trusts, shall n mstltute a of any of Lender's rights o of rang of
<br />Truster', obigatons as to any future transactions. Whenever lire consent of Lender kwrelquired under this Deed of Trust, the granting
<br />of such coconut by Lender in any Instance shall not constitute continuing consent to subsequent instances where such consent is
<br />required and in ell cases such consent may he granted or withheld in the sole discretion of Lender.
<br />Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid or enforceable as to
<br />any person or circumstance, that finding shall not make the me—ing provision A l afal, Invalid, or unenforceable as to any other person
<br />or mptranne. If feasible, the offending provision shall be considered modified se that it M1eeomae legal, valid and enforceable, If
<br />the offending pro rot be mnds"T it shall be c .idead deleted from this Deed of Trust. Unless resulted by
<br />law, the Illegality, ,invalidity, o enforceability of any pmrilue. of this Deed of Trust shall not affect the treat y, validity or
<br />enforcaablhty of any other provision of this Deed of Trust.
<br />Saccessors and Assigns. Subject ip any limitations stated In this Deed of Trust on transfer of Trustor's Internet, this Deed of Trust
<br />shall be binding used and In . , to the benefit of the parties, their sr . . and assigns, If ownership of the Properly furnaces
<br />seed In a person ether than Trustor, Lender, without notice to Truster, may deal with Truster's successors with reference to this
<br />Dead of Trust and the ledehtadnass by way of forbearance or extension without rained m Trustor front so thhligations of this Deed of
<br />Trust or liability under the Indebtedness.
<br />Time Is of the Essence. Time Is of the esseece in the porfannance of this Dead of Trust.
<br />Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead exemption laws of the
<br />State of Nebraska as to all Indefiniti saoorad by this Deed of Trust.
<br />DEFINITIONS. The following capitalized words and terms shall have the following meanings when used In this Deed of Trust. Unless
<br />spooifieally ,rated he the robust,, all references to dollar amounts f unts shall ants In lawful money of the United States of America.
<br />Words and terms "sad In the singular shall include the pleral, and the plural shall Include ([In be gaird, as the eeniext may require. Words
<br />and terms not otherwise dehnmd In this Deed of Terra shall have the reasommgs attributed to such terms in the Uniform CUmrrrvarclal Coda'.
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