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DEED OF TRUST .1 �1
<br />Loan No: 101237266 (Continued) 2 � 1 � � 9 6 �`� page 7
<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 7rustee. Lender, at Lender's option, may from time to time appnint 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 Peed of Trust is recarded, snd the name
<br />and address of the successor trustee, and the instrument shall be executed and acknowledged by all the beneficiarias under this Deed
<br />of Trust or their successors in interest. The successor trustee, withput conveyance of the Property, shall succeed to all the title,
<br />power, and duties conferred upon the Trustee in this Deed of Trust and 6y applicable law. This procedure tor 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 of default and any notice vf
<br />sale shall be given in writing, and shall be effective when actually delivered, when actually receiv�d by telefacsimile (unless othsrwise
<br />required by law1, when deposited with a natipnally recognized overnight cpurier, or, if mailed, when deposited in the United States mail, as
<br />first class, certitied or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All
<br />capies of notices of foreclosure frnm the holder of any lien which has priority nver 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 fpr notices under this Deed of Trust by giving formal
<br />written no#ice 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 ona Trustor, any notice given by Lender to any Trustor is deemed to be notice given tb ell Trustbrs.
<br />MISCEI.LANEOUS PROVISIONS. The follawing miscellaneaus provisions are a part of this Deed of Trust:
<br />Amandments. This Deed af 7rust, together with any Related Documents, constitu#es the entire understanding and agreement of the
<br />parties as to the matters set forth in this Daed af Trust. Np alteration of or amendment ta this Deed of Trust shall be effective unless
<br />given in writing and signed by the party or parties sought to be charged or bbund 6y the alteration or amendment.
<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 firom the Property during Trustor's previous fiscal ysar 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 operatian af the f'roperty.
<br />Caption Headings. Caption headings in this Deed of 7rust are for convenience purposes only and are not to be used to interpret or
<br />define ihe provisions of this Deed of Trust.
<br />Mergar. There shall t�e no merger of the interest or estate created by this Deed af 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.
<br />Governing Law. This Daed nf Trust will bs govern9d by federal law applicable ta Lender �nd, to the extent nat preempted by federal
<br />law, the laws of the State of Nebraska without regard to its conflicts of law provisians. This Deed of Trust has been accepted 6y
<br />Lender in the State of Nebraska.
<br />Choice of Venua. If there is a lawsuit, Trustor agrees upon Lender's request tn submit to the jurisdiction of the courts of HALL
<br />County, State of Ne6raska.
<br />Joint and Saveral Liability. All pbligations ot Trustor under this D�ed of 7rust 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 fpr all obligatians in this beed of 7rust.
<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 pravision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's
<br />right otherwise #o demand strict compliance with that provisipn pr any other provisipn pf this Deed pf Trust. No prior waiver by
<br />Lender, nor any course af dealing between Lender and Trustor, shall cnnstitute a waiver of any of Lender'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 cansent to subsequent instances where such consent is
<br />required and in all cases such cansent may be granted or withheld in the sole discretion of Lender.
<br />Severability. If a court of competant jurisdictipn finds any prpvision pf this Deed of Trust to be illegal, invalid, or unenforceable as to
<br />any person or circumstanc0, that finding shall not make the offending provisipn illagal, invalid, pr unenforceable as to any pther person
<br />or circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforcea6le. If
<br />the offending provision cannot be so modified, it shall be considered deleted from this �eed 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,
<br />Successors and Assigns. Su6ject to any limitatibns stated in this Deed of Trust on transfer of Trustor's interest, this beed of Trust
<br />shall be binding upon end inure to the 6enefit of the parties, their successors and assigns. It ownership of the Rroperty 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 7rust and the Indebtedness 6y way of forbaarance or extension without releasing Trustor frpm the obligations of this Deed of
<br />Trust or liability under the Indebtedness.
<br />Time is nf the Essence. Time is of the essence in the performance of this Daad of Trust.
<br />Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead exemption laws of the
<br />5tate af Ne�raska as ta all Indabtedness secured by this baed of Trust.
<br />DEFINITIpNS. 7he follpwing capitalized words and terms shall have the fpllowing meanings when used in this Deed of Trust. Unless
<br />specifically statad to the cantrary, all references to dpllar amounts shall mean amounts in lawful mpney of the United 5tates of America.
<br />Words and terms used in the singular shall include the plurel, and the plural shall include the singular, as the context may require. Words
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