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DEED OF TRUST 2 0110 3 4 0 G
<br />Loan No: 101;��FqQ35; �`,� ;+ "'� (Continued) Page 7
<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 />ections with respect to the Property upon the written request of Lender and Trustor: (a) joln in preparing end filing a map or plat of
<br />the Real Properry, Including the dedicatfon of streets or other rights to the public; (b) join in grenting any easement or creating any
<br />reatriction on the Real Property; end (c) Join in any subordination or other agreement effecting this Deed of Trust or the interest af
<br />Lender under this Deed of Trust.
<br />Trustee. Trustee shell meet all qualifications required for Trustee under applicable law. In addition to the righte and remedies set
<br />forth above, with respect to all or any part of the Property, the Trustee shell have the right to foreclose by notice end sale, end Lender
<br />shall have tha right to foreclose by judlcial foreclosure, in either case in accordence with and to the full eMent provided by applicable
<br />lew.
<br />Successor Trustee. Lender, at Lender's option, may from time to time eppoint a successor Trustee to any Trustee appointed under
<br />this Deed of Trust by an instrument executed and ecknowledged by Lender and recorded in the offica of the recorder of HALL County,
<br />State of Nebreska. The instrument shall contain, in addition to all other matters required by state law, the nemes ot the original
<br />Lender, Trustee, and Trustor, the book and page (or computer system reference) where this Deed of Trust Is recorded, end 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 Properry, shall succeed to all the title,
<br />power, end duties conferred upon the Trustee in this Deed of Trust end by eppticable law. This procedure for substitution of Trustee
<br />shell govern to the exclusion of all other provisions for substitution.
<br />NOTICES. Any notice �equired to b� 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 recelved by telefecsimile (unless otherwise
<br />required by law), when deposited with a nationally recognized overnight courier, or, if ineiled, when deposited in the United States mail, es
<br />first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All
<br />copiea of notices of foreclosure from the holder of eny Uen 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 party may change its address for notices under this Deed of Trust by giving formal
<br />written natice to the other partiea, specifying that the purpose of the notice is to chenge the parry's address. For notice purposes, Trustor
<br />agrees to keep Lender informed et all times of Trustor's current eddress. Unless otherwise provided or required by lew, if there is more
<br />than one Trustor, any notice given by Lender to any Trustor is deemed to be notice given to ell Trustors.
<br />MISCELLANEOUS PROVISIONS. The following miscelleneous proviaions are a part of this Deed of Trust:
<br />Amendmerrts. This Deed of Trust, together with eny Releted Documents, constitutes the entire understanding and agreement of the
<br />perties as to the matters aet forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless
<br />given in writing end signed by the perty 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 shatl 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 detell as
<br />Lender shall require. "Net operating income" shall mean all cash receipts from tha Property less all cash expenditures mede in
<br />connection with the operetion of the Property.
<br />Captlon 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 interest or estate created by this Deed of Trust with eny 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. This Deed of Trust will be govemed 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 of law p�ovisions. 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 />Joint and Severel Lfabtlity. All obligations of Trustor under this Deed of Trust shall be Joint end several, and ell references to Trustor
<br />shall mean each and 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 heve waived eny rights under this Deed of Trust unless such waiver is givan in
<br />writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate es a waiver of such
<br />right or any other right. A waiver by Lender ot a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's
<br />right otherwise to demend strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by
<br />Lender, nor any course of dealing between Lender and Trustor, shall constitute a waiver of any of Lender's righta or of any of
<br />Trustor's obligations as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting
<br />of such consent by Lender in any instance shall not constitute continuing consent to subsequent instancea where such consent is
<br />requlred end in all ceses such consent may be granted or withheld in the aole discretion of Lender.
<br />Savarabiflty. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or unenforceable as to
<br />eny person or circumstance, that flnding shall not make the offending provision illegal, invalid, or unenforceable as to any other person
<br />or circumstence. If feasible, the offending provision shall 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 otherwiae required by
<br />lew, the illegelity, invelidity, or unenforceability of any provision of this Deed of Trust shall not affect the legelity, validity or
<br />enforceability of any other provlsion of this Deed of Trust.
<br />Successors and Assigns. Subject to eny limitetions stated in this Deed of Trust on transfer of Trustor's interest, thls Deed of Trust
<br />shall be binding upon and inure to the benefit of the parties, their successora end assigns. If ownership of the Property becomes
<br />vested in a person other than Trustor, Lender, without notice to Trustor, may deal with Trustor's successors with reference to this
<br />Deed of Trust and the Indebtedness by way of forbearance or extenslon without releasing Trustor from the obligations of this Deed of
<br />Trust or liability under the Indebtedness.
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