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DEED OF TRUST 2 �� i Q � 3� 0
<br />Loan No: 101237797 (Continued) Page 7
<br />7rustee, to the extent permitted by applicable lew. Trustor also will pay any court 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 as set torth in this section.
<br />POWER5 AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are pert of this
<br />Deed of Trust:
<br />Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power 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 streets or other 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 beed af 7rust ar the interest of
<br />Lender under this Deed of Trust.
<br />Trustae. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set
<br />forth above, with respect to all or any part of the Property, the Trustee shall hav� the right to foreclose by notice and sale, and l.ender
<br />shall have the right to foreclose by judicial foreclosure, in either case in accordance with end to the full extent provided by applicable
<br />law.
<br />Successar 1"rustea. Lender, at Lender's option, may from time to time appoint a successor 7rustee #o 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 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 beneficiaries under This Deed
<br />of Trust or their successors in interest. The successvr trustee, without conveyance of the Property, shall succeed to all [he title,
<br />power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustee
<br />shall govern to the exclusion of all other provisinns for substitution.
<br />N071C�S. Any natice 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 actually received by telefacsimile (unless otherwise
<br />required by law�, when depnsited 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 af this Deed of Trust. All
<br />copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address, as
<br />shown nsar the beginning vf this Deed of Trust. Any party may change its address for notices under this Deed of Trust by giving formal
<br />written notic� to the other parties, specifying that the purpose of the notice is to change the party's address. For natice 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 one Trustor, any notice given by Lender to any Trustor is deemed to be notice given to all 7rustors.
<br />MISCEI.LANE0U5 1'ROVISIpNS. The tplinwing miscellaneous provisions are a part of this Deed of Trust:
<br />Amendments. This Deed of Trust, together with any Releted Documents, constitutes the entire understanding and agreement of the
<br />parties as ta the ma#ters set fnrth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be etfective 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 Proparty is used fnr purpnses other than Trustor's residence, Trustor shall furnish to Lender, upon request, a
<br />certified statement af net operating income received from the Property during Trustor's previous fiscal year in such form and detail as
<br />Lender shall require. "Net nperating income" shall mean all cash receipts from the Property less all cash expenditures made in
<br />cannectian with the pperation of the Property.
<br />Caption Headings. Caption headings in this Deed of Trust are for canvenience 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 with any other interest or estate in the
<br />Property at any time held by or for the benefit of �ender in any capacity, without the written consent of Lender.
<br />Governing Law. This Deed of Trust will be governed by federal taw applicable ta Lender and, to #he extent not preempted by federal
<br />law, the laws of the State of Nebraska without regard to its conflicts nf law provisions. This Deed of Trust has been accepted by
<br />Lendar in the Stata of Nebraska.
<br />Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the courts of HALL
<br />County, State of Nebraska.
<br />Joint and Several Liability. All obligations of Borrower end Trustor under this beed of Trust shall be joint and several, and all
<br />references to 7rustor shall mean each and every Trustor, and all references to Borrower shall mean each and every Borrower. This
<br />means that each Trustor signing below is responsible for all nbligations in this deed af Trust.
<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 />righ[ or any other right. A waiver 6y Lender of a provision nf 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 provision of this Peed 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 of any of
<br />Trustor's obligations as to any future transactions. Whenever the consent of Lender is required under this Deed ot 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 />required and in all cases such consent may be granted or withheld in the sole discretion of Lender.
<br />5everability. If a court of campetent jurisdiction finds any provisivn of this Deed of Trust to be illegal, invalid, or unenforceable as to
<br />any person pr circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other person
<br />or circumstanpe. If feasible, the offending provision shell be considered modified so that it becomes legal, valid and enforceable. If
<br />the offending provision cannot be so modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required by
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