|
if 200210276
<br />DEED OF TRUST
<br />Loan No: 775238 (Continued) Page 8
<br />required by lawl, when deposited with a nationally recognized o rnight courier, or, if mailed, when deposited in the United States 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 'a 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 Lender informed at all times of Trustor'a current address. Unless otherwise provided or required by law, if there is more
<br />than one Truster, any notice given by Lender to any Truster is deemed to be notice given 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 agreement of the
<br />parties as to the matters set 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 Truster's residence. Truster shall furnish to Lender, upon request, a
<br />certified statement of net operating income received from the Property during Truster's previous fiscal year in such form and detail as
<br />Lender shall require. "Net operating income" shall mean All cash receipts from the Property less all cash expenditures made 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 />define the provisions of this Deed of Trust.
<br />Merger. There shall be no merger of the interest or estate created by this Dead 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 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, Truster agrees upon Lender's request to submit to the jurisdiction of the courts of Hall County,
<br />Sute 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 r esponsible for all obligations in this Deed of Trust. Where any one or m of
<br />the parties is a corporation, partnership, limited liability company or similar entity, it is not nary for Lender to inquire into the
<br />powers of any of the officers, directors, partners, members, or other agents acting or purporting to act on the entity's behalf, and any
<br />obligations made or created in reliance upon the professed exercise of such powers shall be guaranteed under this Deed of 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 />writing and signed by Lender. No delay or omission on the part of Lender in exercising 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 prejudice or constitute a waiver of Lender'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 />Lander, nor any course of dealing between Lender and Truster, shall constitute a l r of any of Lender's rights or of any of
<br />Truster's obligations as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting
<br />of such consent by Lender in any instance shall not constitute continuing consent 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 Lander.
<br />Severabilby. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or unenforceable as to
<br />Any 6unutsmoca, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If
<br />feasible, the offending provision shall he considered modified so that it becomes legal, valid and enforceable. If the offending
<br />provision cannot be so modified It shall be considered deleted from this Deed of Trust. Unless Otherwise required by law, the
<br />Regality, invalidity, or uneniorceabillty of any provision of this Dead of Trust shall not affect the legality, validity or enforceability of
<br />any other provisine Of this Deed of Trust.
<br />Successors and Assigns. Subject to any limitations stated in this 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, 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 Tructor's successors with reference to 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 Deed 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 capitalized words and terms shall have the following meanings when used in this Deed of Trust. Unless
<br />specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America.
<br />Words and terms used in the singular shall Include the plural, and the plural shall include the singular, as the context may require. Words
<br />and terms not otherwise defined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code:
<br />Beneficiary. The word "Beneficiary" means Five Points Bank, and Its successors and assigns.
<br />Borrower. Thu word "Borrower" means MARY ANN KEESHAN and JASON KEESHAN, and all other persons and entities signing the
<br />Note in whatever capacity.
<br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustnr, Lender, and Trustee, and includes without
<br />limitation all assignment and security interest provisions relating to the Personal Property and Rents.
<br />Default. The word "Default" means the Default set forth in this Deed of Trust in the section titled "Default ".
<br />
|