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, DEED OF TRUST 2 p 9.10 4'7 6�7
<br />� Loan No: 101242087 (Continued) Page 7
<br />records, obieining title reports (including foreclosure reports), surveyors' raports, and appreisal fees, title insurence, and fees for the
<br />Trustee, to the extent permitted by applicable law. Trustor also will pay any court casts, in addition to all other sums providad by
<br />law.
<br />Rights of Trustee. Trustee shall have all ot 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 ere part of this
<br />Deed of Trust:
<br />Powers of Trustee. In addition to all powers vf Trustee arising as a matter of law, Trustee shall have the power to take the following
<br />actions with respect to Che Property upon the written request of Lender and Trustor: (a) join in preparing and filing a map or plet of
<br />the Real Property, including the dedication of streets or other rights to the public; (b) join in granting any easement or creating eny
<br />restriction on the Real Property; and (c) join in any subordination or other egreement affecting this Qeed of Trust or tha interest of
<br />Lender under this Deed of Trust.
<br />Trustee. Trustee shall meet all qualifications required for Trustee under appliceble law. In edditian to the rights and remedies set
<br />forth above, with respect to all or any part of the Property, the Trustee shall heve the right to foreclose by notice and sele, end Lender
<br />shall heve the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable
<br />law.
<br />Successor Trustee. Lender, at Lender's option, may from tim� ta time appoint a successor Trustea to any Trustee appointed under
<br />this 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 nemes of tha originel
<br />Lender, Trustee, and Trustor, the book and pege (or computer system reference) where this Deed of Trust is recorded, end the name
<br />and address of the successor trustee, end the instrument shalf be executed and acknowledged by all Che 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 ot 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 undar this Deed of Trust, including without limitation any natice 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 lunless otherwise
<br />required by law), 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 eddresses 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 over this Deed of Trust shell be sent to Lender's eddress, as
<br />shown near tha beginning of this Deed of Trust. Any party may changa 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 timas 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 Trustors.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of ihis Deed of Trust:
<br />Amendments. This Dead of Trust, together with any Reiated Documents, constttutas the entire understanding and agreement of the
<br />parties as to the matters set forth in this Deed of Trust. No altaration af or emendment 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 Landar, 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 shal! require. "IVet operating income" shall mean all cesh �eceipts from the Property less all cash expenditures mede in
<br />aonnection with the operation ofi the Property.
<br />Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and ara not to be used to interprat or
<br />define the provisions of this Deed of Trust.
<br />Merger. There shall be no merger of the interest or estete created by this Deed of Trust with any other interest or estate in the
<br />Property at eny time held by or for the benefit of Lender in any capacity, without the written cansent of Lender. '
<br />Governing Law. This Dead 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 Iaw provisions. This Deed pf 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 Hall County,
<br />State of Nebraska.
<br />Joint and Several Liability. All obligations of Borrower and Trustor under this Deed of Trust shsll be joint and severel, and all
<br />referenoes to Trustor shall mean each end every Trustor, end all references to Borrowe� shall mean each and every Borrower. This
<br />means that each Trustor signing below is responsible for all obligations in this Deed of Trust. Where any one or more of the parties is
<br />a corporation, partnership, limited liebility company or similar entity, it is not necessary for Lender to inquira into the powa�s of any of
<br />the officers, directors, partners, members, or other agents acting or purporting to act on the entity's behalf, and eny obligations made
<br />or created in reliance upon the professed exercise of such powers shall be guaranteed under this Deed of Trust.
<br />No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Daed of Trust unless such waiver is givan in
<br />writing and signed by Lender. No delay or omission on tha part of Lender in exercising any right shell operate as a waiver of such
<br />right or any other right. A waiver by Lender of a provision of this Deed of Trust shell 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 Dead of Trust. No prior waiver by
<br />Lender, nor any course of dealing between Lender and Trustor, shall constituta 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 of Trust, the granting
<br />of such consent by Lender in any insience 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 disc�etion af Lander.
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