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i^ . � r� DEED OF TRUST 2 0� 10 3�. S;
<br />Loan No: 101240725 (Continued) Page 7
<br />Trustee, to the extent permitted by epplicable law. Trustor also wfll pay eny court costs, in addition to all othar sums provided by
<br />law.
<br />Rights of Trustee. Trustee shall have all of the rights end duties of Lender as set forth in this section.
<br />POWERS 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 lew, Trustee shatl have the power to take the following
<br />ections with respect to the Property upon the written request of Lender end Trustor: (a) join in preparing end 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 effecting this Deed of Trust or the interest of
<br />Lender under this Deed of Trust.
<br />Trustee. Trustee shall meet all qualiflcations 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 shell heve the �lght to foreclose by notice and sale, and Lender
<br />shall have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by appliceble
<br />law.
<br />Successor Trustes. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee eppointed under
<br />this Deed of Trust by en instrument executed and acknowledged by Lender and recorded in the office o# the recorder ot HALL County,
<br />Stete of Nebraska. The instrument shell contain, in addition to ell other matters required by state law, the nemes of the original
<br />Lender, Trustee, end 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 successor trustee, without conveyence of the Property, shall succeed to all the 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 provisions for substitution.
<br />NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default and eny notice of
<br />sele shell be given in writing, end shell be effective when actually delivered, when actually received by telefacsimile (unless otherwise
<br />required by law), when deposited with a nationally recognized overnight courier, or, if ineiled, when deposited in the United States mail, as
<br />first class, certified or registered mail postage prepaid, directed to the eddresses shown near the beginning of this Deed of Trust. All
<br />copies of notices of foreclosure from the holder of eny lien which has priority over this Deed of Trust shall be sent to Lender's address, es
<br />shown near the beginning of this Deed of Trust. Any party may change its address for noticea under this Deed of Trust by giving formal
<br />written notice 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 one Trustor, any notice glven by Lender to eny Trustor is deemed to be notice given to all Trustors.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed ot Trust:
<br />Amendments. This Deed of Trust, together with eny Related Documents, constitutes the entire understanding and agreement of the
<br />parties as to the matters set forth in this Deed of Trust. No alteretion of or amendment to this Deed of Trust shell be effective unless
<br />given in writing and signed by the perty or parties sought to be charged or bound by the elteration or amendment.
<br />Annual Reports. If the Property is used for purposes other then Trustor's residence, Trustor shall furnish to Lender, upon raquest, a
<br />certified statement of net opereting income received from the Property during Trustor's previous fiscal year in such fo�m and detail as
<br />Lender shell require. "Net opereting income" shell mean all cash receipts from the Property less all cash expenditures made in
<br />connection with the operation of the Property.
<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 Trust.
<br />Merger. There shall be no merger of the tnterest or estate created by this Deed of Trust with any other interest or estete in the
<br />Property et $ny 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 govamed by federal law applicable to Lender and, to tFae extent not preempt�d by federal
<br />law, the laws of the Stete of Nebraske without regard to tts confllcts of law provisions. This Deed of Trust has been accepted by
<br />Lender in the State of Nebraska.
<br />Cholce of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the courts of Hall County,
<br />State of Nebraska.
<br />Jolnt and Several Liabllity. All obligations of Trustor under this Deed of Trust shall be joint and several, and all references to Trustor
<br />shall mean each end every Trustor. This means that each Trustor signing below is responsible for all obligations in this Deed of Trust.
<br />No Waiver by Lender. Lender shell not be deemed to have waived eny rights under this Deed of Trust unless such waiver is given in
<br />writing end signed by Lender. No delay or omission on the part of Lender in exercising any right shall operete es a waiver of such
<br />right or any other right. A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a wafver of Lender's
<br />right otherwise to demend strlct compliance with that provision or eny other provision of this Deed of Trust. No prior weiver by
<br />Lender, nor any course of dealing between Lender and Trustor, shall constitute e weiver 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 �equlred under this Deed of Trust, the grenting
<br />of such consent by Lender in any instance shell 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 />Severebility. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or unenforceabte es to
<br />any person or circumstance, that finding shall not make the offending provision illegel, invalid, or unenforceable es to any other person
<br />or circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If
<br />tha offending provision cannot be so modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required by
<br />law, the illegality, invelidity, or unenforceabiUty of any provision of this Deed of Trust shell not affect the legality, validity or
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