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DEED OF TRUST � 4.� .� 4 0 3 5`�
<br />Lnan No: 90923'7452 (Continued) Page 7
<br />Ppwers of Trustee. in addition to all powers of Trustee arising es a matter of law, Trustee shall have the power to take the following
<br />actions with respect to the Property upon the written request of Lender and Trustor: (a) join in preparing and filing a map or plat of
<br />the Real Property, including the dedication of streats or pther rights to the public; (b) join in granting any easement or creating any
<br />restriction on the Real Property; and (c) jain in any subordination or other agreement affecting this Deed of Trust or the interest af
<br />Lender under this peed of Trust.
<br />Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition tp the rights and remedies sst
<br />forth above, with respect to all or any part of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lender
<br />shal) have the right tp foreclose by judicial foreclosure, in either case in eccordance with and to the full extent provided by applicable
<br />law.
<br />Successor Trustee. Lender, at Lender's optian, may from time to time appoint a successor Trustee to any Trustee appointed under
<br />this Deed of Trust by an instrument executsd and acknowledged by Lender and recorded in the pffice pf the recorder of HALI. County,
<br />State of Nebraska. The instrument shall contain, in addition to all other mattars required by state law, the names nf the original
<br />Lender, Trustee, and Trustor, the book and page (or computer system reference) where this Deed of Trust is recarded, and the name
<br />and address of tha successor trustee, and the instrument shall be executed and acknowledged by ell the beneficiaries under this Deed
<br />of Trust ar their suqcessors in interest. The successor trustee, without conveyance of the Property, shall succeed to ell the title,
<br />power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitutian pf trustee
<br />shall govern ta the exclusipn of all other provisions for substitution.
<br />NOTICES. Any notice requirad to be given under this Deed of 7rust, including withput limitation any notice of default and any notice of
<br />sale shall be given in writing, and shall be effective when actualiy delivered, when actually received by telefacsimile (unless otherwisa
<br />required by law►, 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 poataga prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All
<br />copies of notices of foreclosure from the holder of any lien which has priority aver 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 for notices under this Deed of Trust by giving farmal
<br />written notice to the other parties, specifying that the purpqse of the natice is to change the party's address. For notice purppses, Trustor
<br />agrees to keep Lender informed at all times of Trustor's current address. Unless otherwise pravided 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 Trustors.
<br />MISCELLANEOUS PROVI510N5. The following miscellaneous provisions are a part of this Deed of Trust:
<br />Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the
<br />parties as to the matters set forth in this Deed of Trust. No aiteration of or amendment to this Deed of Trust shall be effective unlsas
<br />given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment.
<br />Annual Repprts. If the Property is used for purppses other than Trustor's residence, Trustor shall furnish to Lender, upon request, a
<br />certified statement of net operating income received from the Property during Trustor's previous fiscal year in such form and detail as
<br />Lender shall require. "Net operating income" shall mean all cash receipts from the f'roperty less all cash expenditures made in
<br />connection with the operation pf the Property.
<br />Caption Headings. Caption headings in this Deed of Trust are for conuenience purposes only and are npt to be used to interpret or
<br />define the provisions of this Dead of Trust.
<br />Merger. There shall be na 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 Lender in any capacity, without the written consent of Lender.
<br />Governing Law. Thia Deed vf Trust will be governed by federal law applicable to Lender and, to tha extent not preempted by federal
<br />law, the laws of the State of Nebraska without regard to its conflicts of law provisions. This Daed of 7rust has been accepted by
<br />lender in the State of Ne6raska.
<br />Choice of Venue. If thera is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the courts af Hall County,
<br />State of Nebraaka.
<br />No Waiver 6y 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 vther right. A waiver by Lender of a provision of this �eed of Trust shall nat prejudice ar constitute a waiver of l.ender's
<br />right otherwise to demand strict compliance with that provision or any other provision pf this Deed of Trust. No prior waiver by
<br />Lender, nor any course of dealing between Lender and 7rustor, shall canstitute a waiver of any vf Lender's rights or of any of
<br />Trustor's obligations as ta any future transactions. Whenevsr the cqnsent of Lender is required under this Deed of Trust, the granting
<br />of such consent by Lender in any instance shall npt constitute continuing cansent to subsequent instances where such consent is
<br />required and in all cases such consent may be granted or withheld in the sole discretipn of Lender.
<br />Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, ar unenforceable as to
<br />any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If
<br />feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the qffending
<br />provision cannot be so modified, it shall 6e considered deleted from this peed of Trust. Unless otherwise required by law, the
<br />illegality, invalidity, ar unenforceabiliry of any provision vf this Deed of Trust shall nat atfect the legality, validity or enforceability af
<br />any other provision of this Deed af Trust.
<br />Successors end Assigns. Subject to any limitatians stated in this Deed af Trust on transfer of Trustar's interest, this Deed af Trust
<br />shall be binding upon and inure to the benefit pf the parties, their successors and assigns. If ownership of the Property becomes
<br />vested in a person other than Trustor, Lender, without notice to Trustor, may deai with Trustor's successors with reference to this
<br />�eed of Trust and the Indebtedness by way of forbearance ar axtension without releasing Trustor frpm the obligatians of this Deed of
<br />Trust or liability under the Indebtedness.
<br />Tima is af the Essence. Time is of the essence in the performance of this Deed of Trust.
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