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; F � ° � ; ° �; , DE�D OF TRUST � O 1 O U � 5 $ �
<br />l�aan No: 1Q12S4731 (Corltinued) Page 7
<br />records, obtaining title reparts (including foreclosure reportsl, surveyors' reports, and appraisai fees, title insurance, and fees for the
<br />Trustee, to the extent permitted by applicable law. Trustor also will pay any caurt costs, in addition to all other sums provided by
<br />law.
<br />Rights of trustee. Trustee shall have all of the rights and duties of Lender es set forth in this section.
<br />POWERS AND 08LIGATION5 OF TRUSTEE. The following provisions relating tv the powers and obligations of Trustae are part of this
<br />Deed of Trust:
<br />Powers of Trustee. In addition to all ppwers of Trustee arising as a matter of law, Trustee shall have the powar to take the following
<br />actions with respect to the Prpperty upon the written request of Lender and Trustor: (a1 join in preparing and filing a map or plat of
<br />the Real Property, including the dedication of streets or vther rights to the public; (b) join in granting any easement or creating any
<br />restriction on the Real Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or tha interest of
<br />Landar undar this Deed of Trust.
<br />Trustea. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to tha rights and remedies set
<br />forth above, with respect to all or any part of the Property, the Trustes shall have the right to foreclose 6y notice and sale, and L.ender
<br />shall have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable
<br />law.
<br />Successor Trustee. l.ender, 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 Gounty,
<br />State of Nebras.ka. The instrument shall contain, in addition to all other matters required 6y state law, the names of the original
<br />Lender, Trustee, and Trustor, the book and page (or cpmputer system reference) where this Deed of Trust is recorded, and the name
<br />and addrass pf the successor trustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed
<br />pf Trust or their successors in interest. The successor trustee, without conveyance of the property, shall succeed to all the title,
<br />ppwer, and duties conferred upon the Trustee in this Deed ot Trust and by applicable law. This procedure for substitution of Trustee
<br />shall govern to the exclusion of all other provisions for substitution.
<br />NOTICES. Any notice required ta be given under this Deed of Trust, including withaut 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 telefacsimile (unless otherwise
<br />required by law1, 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 tha holder of any lien which has priority pver this Deed of Trust shall be sent to Lender's address, as
<br />shvwn near the beginning of this Dsed of Trust. Any party may change its address for notices under this Deed of Trust by giving formal
<br />written nptice to the other partie5, specifying that the purpase af the notice is to change the party's address. For notice purposes, Trustor
<br />agraes 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 Trustor, any notice given by Lender to any Trustor is deemed to be notice given to all Trustors.
<br />MISCELLANEQUS PROVI510NS. The following miscellaneous prpvisions are a part of this Deed of Trust:
<br />Amendments. 7his 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 af 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 />Annuai Reports. If the Praperty is used for purppses other than Trustor's residence, Trustor shall furnish to Lender, upon request, a
<br />certitied statament of net operating ineome received from the Property during Trustor's previous fiscal year in such form and detail as
<br />l.ender shall require. "Net operating income" shall mean all cash rsceipts from the Property less all cash expenditures made in
<br />connection with the operation pf the Property.
<br />Captiqn Headings. Caption haadings in this Deed of Trust are fpr convenience purposes anly and are not to be used ta interpret or
<br />define the provisions of this Deed of Trust,
<br />Marger. 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 �y or for the benefit of Lender in any capacity, without the written consent of Lender.
<br />Governing Law. 7his pead of Trust will be governed by federal law applicable to Lender end, to the extent not preempted by federal
<br />law, the laws vf tha Stat� of Nebraska without regard to its conflicts of law provisions. This Deed of Trust has been accepted by
<br />Lender in the State of Nebraska.
<br />Choice vf Venus. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the caurts pf Hall County,
<br />State of Nebraska.
<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 provisivn 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 provisipn of this Deed of 7rust. No pripr waiver by
<br />Lender, nor any course of dealing betwesn Lender and Trustor, shall constitute a waiver of any of Landar's rights or of any of
<br />Trustor'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 />raquired and in all cases such cansent may be granted or withheld in the sole diacretion af Lender.
<br />Sever�6ility. If a court of competent jurisdictipn finds any provision of this Daed af Trust to be illegal, invalid, or unenforceable as to
<br />any circumstance, that finding shall not make the ottending provision illegal, invalid, or unenforceable as ta any other circumstance. If
<br />feasible, tha offending provision shall be considered modified so that it becomas legal, valid and enforceable. If the pffending
<br />provision cannot be so modified, it shall be considered deleted from this Deed of Trust. Unless atherwise required by law, the
<br />illegality, invalidity, or unenforceability of any provision of this Deed of Trust shall not affect the Isgality, validity or enforceability pf
<br />any other provision of this Deed of Trust.
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