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200207334
<br />DEED OF TRUST
<br />Loan No: 774530 (Continued) Page 7
<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 Lou written inquest of Lander and Trustor: (a) join In preparing and filing a map or plat of
<br />the Real Pre g arty, including the dedication of streets o r other rights to the public; de join in granting any easement or creating any
<br />estro(on on the Real Property, and (c) loin in any subordination or other agreement cleanup this Deed of Trust or the Interest of
<br />Lender under this Deed of Trust.
<br />Trustee. Tmsfee shall meet all quallflcetions required for Trustee under applicable law. In addition to the rights and remedies set
<br />forth above, with reepef to all or any part of the Property, the Trustee shall have the right to fm—lost, by notice and sele, and Lender
<br />shall have the right to foreclose by judicial oreclosurd, In either as In accordance with and to the full extent Provided by applicable
<br />law.
<br />Successor Trustee. Lender, at Lender's option, may from time to time appoint a su or Trustee to any Trustee appointed under
<br />this Deed of Trust
<br />t by an instment dtenued and acknowledged by Lentler antl recortletl In the .(lice of the moulder of HALL County,
<br />State of Nebraska. The instrument shall uuntain, it addition to all other matters required by state law, the names of the original
<br />Lander, Trustee, and Truster, the book and page for saturator system infamous) where This Deed of Trust is recorded, and the name
<br />and address of the susses.. nustea. and the instrument shall be executed and acknuwludgud by all the beneficiaries under this Deed
<br />of Trust or theirs interest. TM1a successor trustee, without conveyance of the Property, shall a cad to all the title,
<br />power, and duties conferred upon the Trustee in thus Daed of Trust and by applicable law. This procedure for substAmice of Trustee
<br />shelf govern to the exclusion of all other provieiom far cabstlmtiom
<br />NOTICES. Any notice required to be given under this Used of Trust, including without limitafion any notice of default and any notice of
<br />sale shAl be given h wilting, and shall be effective when actually delivered, when actually received by telefacsimile (lmless otherwise
<br />required by law). wher deposited with a nationally recognized overnight courier, or, If mailed, when deposited in the united States mail, as
<br />first class, certified or registered mail poatage 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 Ilan wholt has pact, over this Dead of Trust shall be sent to Lender's address, as
<br />shown near the beginning of fh,, Deed of Trust. Any party may change Its address for rmfiues under this Dnad of Trust by giving formal
<br />written ..five to Ur. uthor parties, spenify'o, that TM1a purpose of the notice Is to change the party's address_ For ounce purposes, Truster
<br />agrees to keep Lender informed at all times of Trustor's c drecaut address_ Unless otherwise provided or required by law. If there Is nmre
<br />than one Trustor, any notice given by Lender to any Truster is dunning to be notice given to all Trusters.
<br />MISCELLANEOUS PROVISIONS. The follcwing unktislaneaus provisions are a part of this Deed of Trust'.
<br />Amendment.. This Deed of Trust, together with arty Related Documents, constitutes the entire understanding and agreement of tiro
<br />parties as to the matters set forth In this Deed of Trust. No allocation of or a nend.,ent to this Deed of Trust shall be effective unless
<br />given lu writing act) signed by the party or parties sought to be charged or bound by the alturati rig or amendment_
<br />Annual Reports. It the Property Is used fur parp..sas other than Trustor's residence, Toaster shall furnish to Lender, open rcpucsp a
<br />certified statement of net operating income received (loon the Property during Tmsmr's previous fiscal year in such form and detail as
<br />Lender shall require_ "Net operating income" ceishall mean all cash receipts' Trani the Property less all cash expenditures made In
<br />connection with the uparahan of me Property
<br />Caption Headings. Caption headings In this Deed of Trust .vu fur conveninnod Purposes only and are not to be used to Interpret or
<br />police the provisions of this Deed of Trust.
<br />Merger. Thera shall be no iemor of the Interest or estate created by this Deed of Trust with any other interest or estate in the
<br />Property at any lime held by or for lire benefit of Lender in any capacity, without the written consent of Lentler.
<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 Stale of Nebraska.
<br />Choice of Venue. If there is o lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the courts of HALL
<br />County, State of Nebraska,
<br />Joint and Several Liability. All obligations of Borrower and Truster under tiie Deed of Trust shall be joint and several, and all
<br />ruferences to Toaster shall m ash and every Timor, and all references to Borrower shot n sub and near, Borrower. This
<br />means that each Burrower end Trustor signing below is responsible for all obligations in this Deed of Trust.
<br />No Waiver by Lander. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver Is given In
<br />writing and signed by Lender. No delay o on the part of Lender In sing any right shall operate a. of such
<br />waiver
<br />right or any other right. A waiver by Lender of omission on of this Deed of Trust shall not prejudice or toonstitate a walv.r of Lender's
<br />right otherwise to demand suet conchaded with that provision or any other provision of this Deed of Trust. No prior waiver by
<br />Lender, n any course of dealing between Lender and Truster, eb:A ll
<br />c stiaRe a a of any of Lender's rights or of any of
<br />Trust., rU obligations as to any future transactions. Whenever the consent of Lender is acquired under this Door] of Tarr, the granting
<br />of such consent by Leveler .. any instance shall not c nstilate continuing consent to subsequent Instances where such oanlatt le
<br />required and in all cases such consent may be granted or withhold in the sold discretion of Lender.
<br />Sevembility. If a a urt of competent jurisdiction finds any provision of this Deed of Trust to be Illegal, invalid, or enforceable as to
<br />any o isle e, that finding shall not make the offending provision Illegal, invalid, o r
<br />unenforceable s to cry other mstan If
<br />feasible, the offending provision shall be considered modifiedso that If becomes legal, valid and enforceable. If the offending
<br />provision cannot be so modified, it shall be considered deleted Tian this Deed of Trust Unless otherwise requited by law, the
<br />aIlan llty, Invalidity, o enforceability of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of
<br />ny other pruvisiun of thus Deed of Trust.
<br />Successors and Assigns. Subject to any h«ntmiorrs slated In tbls Deed of Trust on transfer of Trustor's interest this Deed of Trust
<br />.shall be binding upon and Inure to the benefit of the parties, theirs and assigns. If ownership of the Property becomes
<br />vested in aye ,on other than Tractor, Lender, without notice to Trustor, may deal with 1-u-'s .....crop, with mferdnw To this
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