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P w,.. . DEED OF TRUST 2 011 a 3 4 0 4
<br />� a ti � .
<br />Loan No: 101239486 „ � (Continued) Page 7
<br />records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal faes, title insurance, and fees for the
<br />Trustee, to the extent permitted by applicable law. Trustor also wili pay any court costs, in addition to all other sums provided by
<br />law.
<br />Righls of Trustee. Trustee shall have alt of the rights and 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 part of this
<br />Deed of Trust:
<br />Powars 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 of Lender and Trustor: (a) join in preparing end filing e map or plat of
<br />the Real Property, including the dedicetion 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 Deed of Trust or the interest of
<br />Lender under this Deed of Trust.
<br />Trustea. Trustee shall maet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set
<br />forth ebove, 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 />shall have the right to foreclose by judictal foreclosure, in either case in accordance with and to the full extent provided by applicable
<br />law.
<br />Successor Trustea. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under
<br />thls Deed of Trust by an instrument executed and ecknowledged by Lender and recorded in the office of the recorder of HALL County,
<br />State of Nebraska. The instrument shall contain, in addition to ell other matters required by state law, the names of the original
<br />Lender, Trustee, and Trustor, the book and paga (or computer system reference) whare 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 conveyance 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 limitetion any notice of default and any notice of
<br />sate shali be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise
<br />required by lawl, when deposited 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 of this Deed of Trust. All
<br />copies of notices of foreclosure from the holder of any tien which has priority over this Deed of Trust shall be sent to Lender's address, as
<br />shown near the beginning of this Deed of Trust. Any perty may change its address for notices 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 eddress. 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 Trustors.
<br />MISCELLANEOUS PROVISIONS. 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 alteretion of or amendment to this Deed of Trust shall be effective 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 Property is used for purposes other than Trustor's residence, Trustor shall furnish to Lender, upon request, a
<br />certified statement of net opereting income received from the Property during Trustor's previous fiscal year in such form and detail as
<br />Lender shall require. "Net opereting income" shall 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 end 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 interest or estate created by this Deed of Trust with any other interest or estate in the
<br />Property at any tima 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 governed by federal law epplicable to Lender and, to the extent not preempted by federal
<br />law, the laws of the Stete of Nebraska without regard to its conflicts of law provisions. This Deed 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 submit to the jurisdiction of the courts of HaII County,
<br />State of Nebraska.
<br />No Waiver by Lender. Lender shall not be deemed to have waived any rights under th(s 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 e 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 waiver of Lender's
<br />right otherwise to demand strict compliance with that provision or any other provision of this Deed of Trust. No prior weiver 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 af
<br />Trustor's obligations as to any futura transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting
<br />of such consent by Lender in any instanca 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 />Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or unenforceable as to
<br />any circumstance, thet 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 offending
<br />provision cannot be so modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the
<br />illegality, invalidity, or unenforceability of eny provision of this Deed of Trust shell not affect the legality, validity or enforceability of
<br />any other provision of this Deed of Trust.
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