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DEED OF TRUST 2 � i i Q 0 0 C $
<br />Loan 1110: 101237101 (Continued) Page 6
<br />Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this sectibn.
<br />POWERS ANb OBLIGATIONS OF TRUSTEE. Tha following provisions relating to the powers and abligations of Trustee are part of this
<br />Deed of 7rust:
<br />Pawers of Trustee. In addition to all powers of Trustee arising es a mattar of law, Trustee shall have the power to take the fallowing
<br />actions with respect to the f'rnperty upon #he written request of Lender and Trustor: (a) join in preparing and filing a map or plat of
<br />the Fieal Property, including the dedicatinn of stree#s nr other rights to the public; (b) join in granting any essament or creating any
<br />restriction on the Real Property; and (c) join in any subordination or other agraement affecting this Deed of Trust or the interest of
<br />Lender under this Deed of Trust.
<br />Trustee. Trustee shall meet all qualifica#ions required for Trustee under applicable law. In addi#ian to the rights and remedies set
<br />forth above, with respect to all or any part nt the Proper#y, tha 7rustee shall have the right to foreclos� by notice and sale, and Lender
<br />will 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. Lender, at Lender's option, may from time to time appoint e successor Trustee to any Trustee appointed under
<br />this Deed of Trust by an instrument execu#ed and acknowledged by Lender and recorded in #he office of the recorder of HALL County,
<br />5tate of Nebraska. The instrument shall contain, in addition to all other matters required by stste Isw, the names of the original
<br />Lender, Trustee, and Trustor, the book and page (or cnmputer system reference) where this Deed of Trust is recorded, and the name
<br />and address of the successor trustee, and the instrument shell be execu#ed and acknowledged by all the beneficiaries under this Deed
<br />of Trust or their successors in interest. The successor trustee, without conveyanes pf the Property, shall succeed to all the title,
<br />power, and duties conferred upon the Trustee in this qeed of 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 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 sctually received by telefacsimile (unless ntherwise
<br />required by law►, when deposited with a nationally recognized overnight courier, nr, if msiled, 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 #his Deed of Trust. All
<br />copies of notices of foreclosure from the holder of any lien which has priority ouer this Deed of Trust shall 6e sent to Lsnder's address, as
<br />shown near the beginning of this Deed of Trust. Any person may change his or her address for notices under this Deed of Trust by giving
<br />formal written no#ice to the other person or persons, specifying that the purpose of tha notice is to change the person's address. For
<br />notice purpases, Trustor agrees ta keep Lender informed at all times of Trustor's current address. Unless otherwise provided or required
<br />by law, if there is more than one Trustnr, any notice given by Lender to any Trustor is deemed to be notice given #n all Trustors. It will be
<br />Trustor's responsibility to tell the others nf the notice frpm Lsndar.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this beed of Trust:
<br />Amendments. What is written in #his beed of Trust and in the Related Documents is Trustnr's entire agreement with Lender
<br />concerning the metters cavered by this Deed pf Trust. To be effectiue, any change or amendment to this Deed of Trus# must be in
<br />writing and must be signed by whoever will be bound nr obligated by the changa ar amendment.
<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 7rust.
<br />Merger. There shall be no merger of the interest or estate created by this Deed of Trust wi#h eny other interest or estate in the
<br />Property at any time held by or for the 6enefit nf Lender in any capacity, without the written consent of Lender.
<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 nf law previsions. 7his C]ead of trust has been accepted by
<br />Lender in the State of Nebraska.
<br />Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to su6mit ta the jurisdiction of the courts of Hall County,
<br />State of Ne6raska.
<br />Joint and Sever�l Liabili#y. All obligations of Trustor under this Deed of Trust shall be joint and several, and all references tp Trustor
<br />shall mean each and every Trustnr. This means that aech Trustor signing below is responsible for all obligations in this Deed of Trust.
<br />No Waiver by Lender. Trustor understands Lender will nnt give up any of Lender's rights under this Deed of Trust unless Lender does
<br />so in writing. The fact that Lender delays or omits tn exercise any right will not mean that Lender has given up that right. If Lender
<br />does agree in writing to give up one of Lender's rights, that does not mean Trustor will not heve to comply wi#h the ather provisians
<br />of #his Deed of Trust, 7rustor also understands that if Lender does consent to a request, that dnes nnt mesn #hat Trustor will not
<br />have to get Lender's consent again if the situation heppens again. Trustar further understands that just because Lender consents tn
<br />one or more of Trustor's requests, that does not mean Lender will �e requir�d tp cansent to any of 7rustor's future requests. Trustor
<br />waives presentment, demand for payment, protest, and notice of dishonor.
<br />Severebility. If a caurt finds that any provision of this beed of trust is not valid or should not be enforced, thet fact by itself will not
<br />mean that the rest of this Deed of Trust will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this
<br />I]eed of 7rust even if a provision of this Deed of Trust may be found to be invalid or unenforceable.
<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 othar than Trus#or, Lendar, without notice to Trustor, may deal with Trustor's successors with reference tn this
<br />Deed of Trust and the Indebtedness 6y way of forbearance or extension withou# releexing Trustor from the obligations of this Deed of
<br />Trus# ar liability under the Indebtedness.
<br />Time is ef the Essence. 7imE is af the essence in the performance of this Deed of Trust.
<br />Waiver of Hamestead Exemption. 7rustor hereby releases and waives all rights and benefits nf the homestead exemption laws of the
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