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DEED OF TRUST
<br />Loan No: 1012�7344 . (Cont111u@d) 2 p 10 0 9 4 S 5 ��g
<br />� � y r
<br />Powers of Trustee. In addition to all powers of Trustee arising es a matter of law, 7ruatee shall have tha pawer to take the following
<br />actions with respect to the Property upon the written request af Lender and Trustor: (a) join in preparing and filing a map or plat of
<br />the Real Property, including the dedication of streats or other rights to the public; (b) join in granting any easement or creating any
<br />restriction on tha Real Property; and (c) join in any subordinatian or other agreement affecting this Deed af Trust or the interest of
<br />Lender under this Deed of Trust.
<br />Trustee. 7rustee shall meet all qualifications required tpr Trustee under applicable law. In addition to the rights and remedies set
<br />forth abave, with respect to all or any part of the Property, the Trustee shall have the right ta forBclpse by notice and sala, and Lender
<br />shall have the right to foreclase by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable
<br />law.
<br />5uccessor Trustee. Lender, at Lender's option, may from time to time appaint a successor Trustee to any Trustee appointed under
<br />this Deed of Trust by an instrument execu#ed and acknowledged by Lendsr end recprded 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 nemes of the original
<br />Lender, Trustee, and 7rustor, the book and page (or computer 5ystem 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 6eneficiaries under this C7ead
<br />of Trust or their succes5ors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the titla,
<br />power, and duties conferred upon tha Trustee in this Deed of Trust and by epplica6le law. This procedure for substitution of Trustee
<br />shall govern to the exclusion of all other provisions for substitution.
<br />NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice af 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, whan 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 foreclasure from the holder of any lien which has priority over this Daed af Trust shall be sent to Lender's address, as
<br />shown near the beginning of this Peed of Trust. Any party may change its address for notices under this Deed of Trust by giving formal
<br />written notice ta the other parties, specifying that the purpose of the notice is ta 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 pne Trustpr, any notice given by Lender to any Trustor is deemed to be notice given tv all Trustors.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />Amendrr►ents. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agraement of the
<br />parties as to the matters set forth in this Deed of Trust. No alteration of or amendmant to this Deed of 7rust 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 Reports. If the Property is used for purposes other than 7rustar's residence, Trustor shall furnish to Lender, upon raquest, a
<br />cartified statement of net operating income received from the Proparty during Trustor's previpus fiscal year in such form and detail as
<br />Lender shall require. "Net operating income" shall mean all cash receipts from tha Property less all cash expenditures made in
<br />connection with the operation af the Property.
<br />Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are nvt to be used to interpret or
<br />define the provisians of this Deed of Trust.
<br />Merger. There shall be no merger of the interast or estate created by this Deed af Trust with any ather 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 govemed by federal law applicable to Lender and, to the extent nvt preempted by federal
<br />law, the laws vf the State of Nebraska without regard to its conflicts of law provisians. This Deed of 7rust has been accepted by
<br />Lender in tha State of Nebraska.
<br />Choice of Venue. If there is a lawsuit, Truator agrees upon Lender's request to su6mit to the jurisdictinn of the caurts of Hall County,
<br />State of Nebraska.
<br />Joint and Several Liability. All obligations af Borrower and Trustar under this Deed of Trust shall be joint and several, and all
<br />references to Trustor shall mean each and every 7rustor, and all references to Borrower shall mean each and every Borrower. This
<br />means that each Trustor signing below is responsible fpr all p6ligatiqns in this Deed of Trust. Where any one or more of the parties is
<br />a corporation, partnership, limited liability campany or similar entity, it is not necessary for Lender to inquire inta the powers of any of
<br />the officera, directors, partners, members, or other agents acting or purporting to act on the entity's behalf, and any obligations made
<br />or created in reliance upon the professed exercise of such powers shall be guaranteed undar this Deed of Trust.
<br />No Waiver by Lender. Lender shall not be deemed to have waivad 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 qther right. A waiver by Gender pf a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's
<br />right otherwise to demand strict cpmpliance with that provision or any other provision af this Deed of Trust. No priar waiver by
<br />Lender, nor any course of dealing between Lender and Trustor, shall constitute a waiver of any of Lender's rights or pf any of
<br />Trustor's obligations as to any future transactions. Whenever the consent of l.ender is required under this Aeed of Trust, the granting
<br />pf such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is
<br />required and in all cases such consent may be grantad ar withheld in the sole discretion of Lender,
<br />Severability. If a court af competent jurisdiction finds any provisipn of this Deed of Trust tp 6e illegal, invalid, or unanforceable as to
<br />any persan pr circumstance, that findin� shall not make the offending provision illegal, invalid, or unenfvrceable as to any other persan
<br />or circumstance. If feasible, the offending provision shall be cvnsidered modified so that it becomes legal, valid and enforcea6le. If
<br />the offanding prnvision cannot be so modified, it shall be considered deleted from this Deed of Trust. Unlass otherwise required by
<br />law, the illegality, invalidity, vr unenforceability of any provision of this Deed of Trust shall not affect the legality, validity or
<br />enforceability of any othar provision of this Deed of l'rust.
<br />Successors and Assigns. Subject to any limitations stated in this Deed of 7rust on transfer of 7rustor's interest, this Deed of Trust
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