Laserfiche WebLink
DEED OF TRUST <br />Loan No: 775914 .), ; (Continued) 200213763 Pagel <br />law. <br />Successor Trustee. Lender, at Leads, 's option, may from time to time appoint a successor 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 Trustor, the bock and page. far computer system reference) where this Deed of Trust Is recorded, and the name <br />and address of the successor trustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this Dead <br />of Trust or theirsuccessors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the title, <br />power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustee <br />shall govern to the exclusion of all other provisions for substitution. <br />NOTIOES. 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 telefacrimile (unless otherwise <br />required by law), when 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 postage prepaid, directed to the addresses shown near the beginning of this Dead of Trust. All <br />copies of nutices of foreclosure from 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. Trustor <br />..reds to keep Lender informed at all tunes of Truster's currant address. Unless otherwise provided or required by law, if there is more <br />than one Trustor, any Period given by Lender to any Trustor is deemed to be notice given to all furriers. <br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Dead 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 Repons. 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 heatlings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or <br />drfine the provisions of this Dead rl 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 Dead 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 In the jurisdiction of the courts of Hall County, <br />State of Nebraska. <br />Joint and Several Liability. All obligations of frustor under this Deed of Trust shall be joint ands era[, and all references to Truster <br />shall mean each and every Tractor. This means that each Truster signing below Is responsible for all obligations In 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 emission 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 w of Lender's <br />right otherwise to demand strict compliance with that provision a any other provision of this Deed of Trust. No prior waiver by <br />Lender, n waiver <br />any course of dealing between Lender and Trustor, shall constituter of any of Lender's rights or of any of <br />of such onsentlo y Le to any future trance Lions. Whenever the consent of Lender is require) under than Deed of a Trust, <br />such the granting <br />re such consent by Lender in any instance shall not or constitute continuing consent to subsequent Instances where such consent is <br />required and In all cases such condom may be granted or withheld 'm 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 unenforceable as to <br />any person or Circumstance, that finding shall net make The offending provision illegal invalid, or unenforceable as to any other person <br />or circumstance If feasible, the offending famViAmn shall be considr ed modified so that it becomes legal, valid and enforceable. If <br />the offending provision cannot be so modified, It shall be considered deleted from This Dead of Trust. Unless otherwise required by <br />law, the illegality, invalidity. or unionforcealbilicy of any provision of this Deed of Trust shall not affect the legality, validity or <br />enforceability of any other provision of this Deep of Trust. <br />Sueeeaaoe and Assigns Subject rd any limitations stated in this Upon of Trust on transfer of Trustnr's interest, this Deed of Trust <br />shall be binding upon and inure to the honsfir of the parties, their successors and assigns. If ownership of the Property becomes <br />vested in a person other than Trustor, Lender, without notice In Trustor, may deal with Luster'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 />