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DEED OF TRUST 200313175
<br />Loan No: 779205 r
<br />r e "' "' (Continued) Page 7
<br />Deed of Trust by an Instrument executed and acknowledged by Lender and recorded in the ofa of the aid., of HALL County, Slate of
<br />Nebraska. The instrument shall contain, in addition to all other matters required by state law, the names of the original Lander, Trustee, and
<br />Trusfm, the book and page (or computer system reference) where this Dead of Trust Is recorded, and the name and address of the
<br />successor trustee. and the Instrument shall be executed and acknowledged by all the beneficiaries under this Dead of Trust or their
<br />successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the Otie. power, and duties conferred
<br />upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustee shall govern to the exclusion of all
<br />other provisions for substitution.
<br />NOTICES. Any notice required to be given under this Deed of Trust, including without Iim1fie0on any notice of default and any notice of sale shall
<br />be given in writing, and shall be effective when actually delivered, when actually received by twomosimlle funlses otherwise required by law),
<br />when deposited with a nationally mcognlzd overnight courier, or, if mated, when deposited In the United States mall, as first class, cadieed ar
<br />registered mail postage prepaid directed to the addresses shown near the beginning of this Used of Trust. All copies of dollars of foreclosure
<br />from the holder of any lien which has priority over this Deed of Trust shall be sent to Lantler. address, as shown near the beginning of this Used
<br />of Trust. Any party may change its address for notices under this Dead of Trust by giving formal written notice to the other partial, specifying that
<br />the purpose of the notice is to change the party's atldress. For notice puposes, Trustor agrees to keep Lander informed al all limes of TrUSbr's
<br />current address. Unless othews s Provided or required by law, if there is more than ono Trustor, any notice given by Lander to any Trustor Is
<br />deemed to be halite given to all Trust...
<br />MISCELLANEOUS PROVISIONS. Tha following miscellaneous provisions are a pall of this Deed of Trust:
<br />Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the padies
<br />as to the matters set forth in this Dead of Trust. No alteration of ar amendment to this Deed of Trust shall be effective unless given in writing
<br />and signed by the party or parties sought to be charged or bound by the alteration or amendment.
<br />Annual Report.. If the Property Is used for purposes other than Trustors resldenca, Trustor shall furnish to Lander, upon request, a codified
<br />statement of net operating income recelvad from the Property during Trustor's previous fiscal year In such form and detail as Lantler shall
<br />require. "Nat operating income" shall mean all cash receipts mom the Property less all cash expenditures made in connection with the
<br />operation of the Property.
<br />Caption Headings. Caption headings in this Dead of Trust are for convenience purposes only antl are net to be used to interpret or define
<br />the provisions of this Deed 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 Properly at
<br />any time held by or for the benefit of Lender In any capacity, without the written consent of Lander.
<br />State of Governing This Deed of
<br />Dad Trust been accepted by construed the State of Nebmaccordance with federal few and Na laws of Na
<br />Choice of Venue. If there is a lawsuit, Trustor agrees upon Lenders request to submit to the jurisdiction of the courts of HALL County, State
<br />of Nebraska.
<br />Joint and Several Liability. All obligations of Borrower and Trustor under this Dead of Trust shall be joint and several, and all references to
<br />Trustor shall mean each and every Trustor, and all references to Borrower shall mean each and every Borrower. This means that each
<br />Borrower and Trustor signing below Is responsible for all obligations In this Dead of Trust. Where any one or more of the parties is a
<br />corporation, partnership, limited liability company or similar entity, it is not necessary for Lander to inquire tl einto obt ethos powers of orsgoatee
<br />officers, directors, partners, membem, or other agent acting or purpading to act an the entity's behalf, y 9
<br />in reliance upon the professed exercise of such powers shall be guaranteed under this Dead of Trust.
<br />No Waiver by Lender. Lender shall not be deemed to have waived any right under this Dead of Trust unless such waiver is given In
<br />writing and signed by Lender. No delay or omission on the pad of Lander In exercising any right shall operate as a waiver of such right or
<br />any other right. A waiver by Lender of a provision of this Dead of Trust shall not prejudice or constitute a waiver of Lenders right otherwise
<br />to demand strict compliance with that provision or any other provision of this Dead of Trust. No prior waiver by Lander, nor any course of
<br />dealing between Lander and Tractor, shall constitute a waiver of any of Lender's rights or of any of Trustor's obligations as to any future
<br />shallcolt constitute the consent sent to subsequent instances iwhe a such consent is required d of such and In al cakes Lender in any instance
<br />shall
<br />granted or withheld in the sole discretion of Lander. to
<br />Sevembllity. If a court of competent jurisdiction finds any provision of this Dead of Trust to be illegal, invalid or unenforceable as as any
<br />circumstance, that finding shall not make the offending provision illegal, invalid or unenforceable as to any other circumstance. If feasible,
<br />the offending that shall be considered mollified so that It becomes legal, valid and enforceable. if the offending provision cannot be so
<br />modified, it shall he considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, Invalidity, or unentorceability
<br />of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of any other provision 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 Dead of Trust shall be
<br />binding upon and Inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person
<br />other than Trustor, Lander, without notes to Trustor, may deal with Trustor's successors with reference to this Dead of Trust and me
<br />Indebtedness by way of forbearance or extension without releasing Trustor from the obligations of this Dead of Trust or liability under the
<br />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. Trustor hereby releases and waives all rights and benefits of the homestead exemption laws of the State
<br />of Nebraska as to all Indebtedness secured by this Dead of Trust.
<br />DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Dead of Trust. Unless specifically
<br />stated to the contrary, all references to dollar emdunis shall mean amounts in lawful money of the United States of America. Words and terms
<br />used in the singular shell include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise
<br />defined in this Dead of Trust shall have the meanings attributed to such terms In the Uniform Commercial Code:
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