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<br />loan No: 1012173.7,7
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<br />DEED OF TRUST
<br />(ContinUed)
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<br />Page 7
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<br />shall have thi.'lght to foreclose by judicial foreclosure, in either case In accordance with and to the full extent provided by applicable
<br />law.
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<br />Successor Trustee. Lender, at Lender'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 book and page (or 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 Deed
<br />of Trust or their successors 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,
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<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 telefacsimlle (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 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'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 />agrees to keep lender Informed at all times of Trustor's current address. Unless otherwise provided or required by law, if there is more
<br />than one TrU5tor, ony notice given by -lender to any Trustor is deemed to be notice. given to all Trvstors,
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<br />MISCEllANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
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<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.
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<br />Annual Reports. If the Property is used for purposes other than Trustor's residence, Trustor shall furnish to lender, upon request, a
<br />certified statement of net operating income received from the Property during Trustor'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.
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<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.
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<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
<br />Property at any time held by or for the benefit of lender In any capacity, without the written consent of Lender,
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<br />Governing law. This Deed of Trust will be governed by federal law applicable to lender and, to the extent not preempted by federal
<br />law, the laws of the State of Nebraska without regard to its conflicts of law provisions. This Deed of Trust ha$ been accepted by
<br />lender in the State of Nebraska.
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<br />Choice of Venue. If there is a lawsuit. Trustor agrees upon Lender's request to submit to the jurisdiction of the courts of HAll
<br />County, State of Nebraska.
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<br />Joint and Several liability. All obligations of Trustor under this Deed of Trust shall be joint and several, and all references to Trustor
<br />shall mean each and every Trustor. This means that each Trustor signing below is responsible for all obligations in this Deed of Trust.
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<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 prejvdice or constitvte a waiver of lender's
<br />right otherwise to demand strict compliance with that provision or any other provision of this Deed of Trvst. No prior waiver by
<br />lender, nor any covrse of dealing between lender and Trvstor, shall constitute a waiver of any of lender's rights or of any of
<br />Trvstor's obligations as to any futvre transactions, Whenever the consent of Lender is required under this Deed of Trvst, the granting
<br />of such consent by lender in any instance shall not constitute continuing COnl.ent 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 Lender.
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<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 not make the offending provision Illegal, Invalid, or unenforceable as to any other person
<br />or circumstance. If feasible, the offending provision shall be considered 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 Deed of Trust. Unless otherwise required by
<br />law, the illegality, invalidity, or unenforceability of any provision of this Deed of Trust shall not affect the legality, validity or
<br />enforceability of any other provision of this Deed of Trust.
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<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 Trustor, Lender, without notice to Trustor, may deal with Trustor's successors with reference to this
<br />Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Trustor from the obligations of this Deed of
<br />Trvst or liability vnder the Indebtedness.
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<br />Time is of the Essence. Time Is of the essence In the performance of this Deed of Trust.
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<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 Indebtedness secvred by this Deed of Trvst,
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<br />DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of Trvst. Unless
<br />specifically stated to the contrary, all references to dollar amounts shall mean amovnts In lawfvl money of the United States of America.
<br />Words and terms vsed in the slngvlar shall inclvde the plural, and the plural shall include the singvlar, as the context may reqvire. Words
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