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201009329
<br />DEED 0� TRUST
<br />4co�ti��,ed)
<br />Page �
<br />fess tar the Trustee, to the extent permftfed by appllcable law. 7rustar alsa will pay any apurt costs, 1n additfon ta all other sums
<br />provtded by law.
<br />Rights of Trustee. Truskee shall have all o�f the rights and duties af Lander as set forth in this section.
<br />POWERS ANa OBLIGATIQNS QF 7FtUSTEE. The following prtyvisions rel�fing ta fhe powers and obligations •of T�ustee aPe p��f of this
<br />Deed of Trust:
<br />Pawers af Trustee. In addikon to aA pawers af Trustee arising as � mdtt�r•aF �aw, Trustee sh�li h�v� the power to take the followin�
<br />actions with respect ta ftre property upon the writk�n rdquest of Lender and Twustor: (a) Joi� In preparing and fiting a map or plat of
<br />the Real Properiy, inc�ading the dedication oi atr��ts or nther rights ta the public; (b) join in granting any easemant or creating any
<br />restrictlon on the I�ai Fropetty; and (c) join in �ny subotdinalian or other agreement affe�ting this �eed nf Trust or the interest of
<br />Lender under this Deed of "frust,
<br />'Crqstee. 7rustee shall meet all quallficetlans required for Trustee under applicable law. In additlan tv the rights and remedies set
<br />fprt,t� above, wikh respect to all nr any part of tha property, the Trustee shall have the right to fvrecboss by nalice and saie, and l.ender
<br />wtll have the right ta foraclase by Jud3alal Fnreclqsure, in either case In accordanoe with and to the full extent prvvided by applicahle
<br />IaW.
<br />Successor 1"rustee. !-ender, at Lender's optian, may from #ime to time appolnt a successor Trustee to any 1"rustee apppinted under
<br />this Deed of'�rust by an instrument execu#ed and acknowledged by Lender and reoorded in the affice of the recarder of NALL Cnunty,
<br />State of Nebraska. The instrumant shaq cont�in, in additipn to a�l oth�r matters required by state law, the names nf the ariginat
<br />Lander, Trustee, and Trustor, the book and page (ar computer system ref�rence) where this Desd of T'rust is recorded, and the nama
<br />and �ddress of the succsseQr trustee, and the instrument shatl be execui�d and acknawladged by aEl the beneficiarles under thls Deed
<br />of Trust or their euccessors in interest. The �uccessor trustee, wlthout conveyanca of the Property, ahall succeed to alf the title,
<br />power, �nd duties conferred upon the Truatee in this Deed of T'rust and by appticabta taw, This prooedure fnr substltution of Trustee
<br />shall goverrt to the e�tclusion of all other pro�lsians for substitutlon.
<br />N�71C�S. Any natice required to �e given under thia peed of Trust, €nnludin� wikhout limitativn any natice of default and any notice of
<br />sale shaB be given In writing, and shall be effective when actuaily delivered, when actually racehred by telefacsimile (unless otherwise
<br />requirad by law), when deposltad with a natianal{y r6ca�nized ovemight caurier, or, if mailed, wFien depositBd in the Unitsd States mail, as
<br />�irsf class, certffied or regis6ered mail pastage prapald, directed to the addresses shown near tt�a beginning of this Deed of Trust. All
<br />copiss Qf natices af foreolosure from the holder of sny tiBn which has priority aver thEs Deed of Trust shali be sent to Lende�s address, as
<br />shpwn near the beginning of this beed ot 7rust. My person may change his or her sddress tar notices under this peed of Trust by ghring
<br />formal wrttten natice tp the other person vr persons, specifying that the purpose c�f the notice is to change th� per�san's address. �ar
<br />natice purpasea, Trustor agrees to keep Lender infprmed at all times of 7'�ustor's current address. Unles& ntherwlse provided or required
<br />by law, ff there Is more than one Trustor any nptice givan by l.ender to any Trustor is deemed to be rtatice given to all Trustar�a. if will be
<br />Truator's respnnsibitity to tell the others vf tha notice fram I.ender.
<br />ri1115CEL1AN�0U$ PROVI81pN8. The follawing miscellaneaus provisions are a part nf this 17eed of 7rust: .
<br />Amendm�nts, What Is written in th(s D�ed of Trust and ln th� Relatad Dacuments is Trustor's entire agreement with l.ender
<br />cancernfng ihe mattars cover�d by this Deed of Trust. To be effective, any change ar amencfinent to this Deed oF Trust must be in
<br />writing and must be siqnact by whaever witl be bound or abligat¢d by the chanqe or amendmerrt.
<br />Caption Headings. Caption headings ln thEs L'�9ed of Trust at� for convenience purposes only and are not to be used to interpret or
<br />deflne the provisions of thig �eed af Trust.
<br />Merger. There shall be no mergar at the intarast or estate creeted by this pead af Trust with any othar intereat or estate in the
<br />Praperiy at any time hek! by or for the benef[t of Lender In any capacity, without the written oonsent of Lsnder.
<br />Coverning Law. Thi� Dead af Trust wtll be pnvemed by fed�ra� law applic�bl� ta (�endar and, ta the exterrt not prsempted hy fsd�raf
<br />Isw, the laws of the •State of Nebraska withaut regard ta its contlicts of 1aw provlsions. ThIs Deed of Trust has b�en accepted hy
<br />Lender in the Stata af Nebraska. .
<br />Jofnt and Sever�l L.iabfl�ty. All pbligaiipns df Trustor under this pesd of Tn.ESt shall be jdint and several, and all referenpes to Trustar
<br />shall mean each and every Trustor. This means that each Trus6or signing belaw Is res�onsibls far all obli�akons ln thts I�eed of 7rust.
<br />No Waiver by Lender. Trustor undarstar►ds Lender will not give up any vf l.end6r's rights under this Deed of Trust unless Lander does
<br />sa in writing, The faat that Lender delays nr nmirs to exer�cise any right wllt not mean that Lender has given up that right. If lsnder
<br />dnes agree in writing to give up one of !_ende�'s rights, that daea not mean Trustor will not hava ta comply wFth the ofher provisians
<br />af this L7eed of 7rust. i"rustor also understanda that if Lendar does cansent to a request, that doss nat mean that Trustnr w�ll nvt
<br />have to get Lender's cnnsent again ff the situatlpn happens again. 7rustor furthar understands that Just because �.ender consents to
<br />dne or more pf Trustor'� rvquests, that does npt mean Lender wiil ba required ta cansent to any af Trusfor's future requeats. Trustor
<br />waivea preseMment, demsnd far p�ymeht, protest, and notice of dishonor.
<br />Severability. If a caurt finds that �ny provislon af this C1eed of Trust is nv# valid or shpuid nat be enforped, that fact by Itsel( will not
<br />mean that the rest of thla Deed of 7ru�t will not be valid or enforced. Therefare, a coutt wlll enforae the r�st of tMe provislons af this
<br />Aeed af Trusf even 1f a provis€on of this Dead af Trust may be faund to be invalid vr unenforceable.
<br />. Succ�ssors and AssFgns. Subject ta �ny Iimitatlans stated in this Deed of Trust on transfar nf "Crusto�'s intereat, this Deed of 7rust
<br />sha71 be binding upan and inure tc the benefftt af the parties, their succeffisor� and assigns. If ownershlp af the Property becdmes
<br />vesbed in � person other than 7rustar, Lender, without notioe to 1"re�stor, may deal with Trustar's successors with ref�rence #o this
<br />DBed of Trust and the tndebtedness by way of forbearance or extension wfthout releasin8 Trustor iram the abligatinns of this Deed af
<br />Trust or Ifability under tt►e Indebtedness. '
<br />'fEm� !s of the Essenc�. Time is of the essence in the performance ofi thls peed af Trust, .,
<br />• Waiver of Home�tead Facem�tion. Trustor hereby re�eases and waives all rights and beneflts of the hwnestead axBmpfion laws qf the
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