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DEED OF TRUST t � r � �1
<br />Loan No: 129733 (Continued) �!1 �� o r�`�'� Page 6
<br />Rights of Trustee. Trustee shall have all 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 obligetions of Trustee
<br />ara part of this Deed of Trust:
<br />Powers of Trustee. In addition to all powers of Trustee erising as e metter of law, Trustee shall have the power to
<br />take the following actions with respect to the Property upon the written request of Lender end Trustor: (a) join in
<br />preparing and filing a map or plat of the Real Property, including the dedication of streets or other rights to the
<br />public; (b) join in grenting any easement or creaiing any restriction on the Real Property; and (c) join in any
<br />subordination or other agreament affecting this Deed of Trust or the interest of Lender under this Deed of Trust.
<br />Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights
<br />and remedies set forth above, with respect to all or any part of the Property, the Trustee shall have tha right to
<br />foreclose by notice and sale, and Lender shall have the right,to f,oreclose by judicial foreclosure, in either case in
<br />acco"rdance witfi a#�d_to tha full ez,terat provided by, applicable dew. r
<br />Successor Trustee. Lender, at Lender's option, may from time to time appoint e successar Trustee to eny Trustee
<br />appointed under this Deed of Trust by an instrumant executed and acknowledged by Landar and recorded in the
<br />offica of the recorder of Hall County, State of Nebraska. The instrument shall contain, in addition to all other
<br />matters requirad by stete law, the names of the original Lender, Trustee, and Trustor, the book and page (or
<br />computer system reference) whera this Deed of Trust is recorded, end the name end address of the successor
<br />trustee, and the instrument shall be axecuted and acknowledged by all the beneficiaries under this Deed of Trust or
<br />their successors in interest. Tha successor trustee, without conveyance of the Property, shall succeed to all the
<br />title, power, and duties conferred upon the Trustee in this Deed of Trust and by appliceble law. This procedure for
<br />substitution of Trustee shali govern to the exclusion of all other provisions for substitution.
<br />NOTICES. Any notice required to be given under this Deed of Trust, fncluding without limitation eny notice of dafault
<br />and any notice of sale shall be given in writing, and shall be effective when ectually delivered, when'actually received
<br />by telefacsimile (unless otherwise required by law1, when daposited with a nationally recognized overnight courier, or, if
<br />mailed; when deposited in tha United States mail, as first cless, certified or registered 'mail postage prepaid; directed to
<br />the addresses shown near the beginning of this Deed af Trust`. Ali cdpies of notices of foreclosure'from the holder of
<br />any lien which has priority over this Deed of Trust shall be sent to Lender's address, as shown near tha ,b,�ginning of
<br />this Deed,of'Trust. Any party mey chenge its address for notices under this Deed of Trust by giving formal�
<br />notice to' the other partias, specifying that the purpose of the notice 'is to change the party's address. For notice
<br />purposes, Trustor agrees to keep Lender informed at all times of Trustor's current address. Unless otherwise provided
<br />or required by law, if there is more than one Trustor, any notice given by Lender to any Trustor is deemed to be notice
<br />given to all Trustors.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are e part of this Deed of Trust:
<br />Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understending and
<br />agraement of the parties as to the matters set forth in this Deed of Trust. No alteration of or amendment to this
<br />Deed of Trust shall be effective unless given in writing and signed by the party or parties sought to be charged or
<br />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
<br />Lender, upon request, a certified statement of net operating income received from the Property during T�ustor's
<br />previou§ fiscal year in such torrri and detail as Lencier shall require. "Net operating ficome" shall mean all cash
<br />receipts from the Property less all cash axpenditures made in connection with the operation of the Property.
<br />Caption Headings. Caption headings in this Deed of Trust ere for convenience purposes only and ere not to be
<br />used to interpret or 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 othar interest or
<br />estate in tha Property at any time held by or for the benefit of Lender in any capacity, without the written consent
<br />of Lender.
<br />Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and, to the extent not
<br />preempted by federal law, the laws of the State,of Nebraska without regard to its conflicts of lew provisions. This
<br />Deed of Trust has been eccepted by Lender in the State of Nebraska.
<br />Joint and Several Liability. All ob�igations of Trustor under this Deed of Trust shell be jaint and several, and all
<br />referances to Trustor shall mean. each and every Trustoc.. This means that eaGh Trustor signing ,below is
<br />responsible for all obligations in this Deed of Trust.
<br />No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such
<br />waiver is given in writing end signed by Lender. No delay or omission on the part of Lender in exercising any right
<br />shall operata es a waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust
<br />shall not prejudice or constitute a waiver of Lendar's right otherwise to demend strict compliance with thet
<br />provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing
<br />between Lender and Trustor, shell constitute e waiver of any of Lender's rights or of any of Trustor's obligations
<br />as to any future transections. Whenever the consent ot 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 instances where
<br />such consent is 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
<br />unenforceable es to any person or circumstance, thet finding shall not make the offending provision iliegal, invelid,
<br />or unenforceable as to any other person or circumstance. If feasible, the offending provision shall be considered
<br />modified so thet it bacomes legal, valid and enforceable. If the offending provision cannot ba so modified, it shall
<br />be considered deleted from this Dead of Trust. Unlass otherwise required by law, the illegelity, invelidity, or
<br />unenforceability of any provision of this Deed of Trust shall not affect the legality, validity or anforceability of eny
<br />other provision of this Deed of Trust.
<br />Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor's interest,
<br />this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If
<br />ownership of the Property becomes vested in a person other than Trustor, Lender, without notice to Trustor, may
<br />deal with Trustor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or
<br />extension without releasing Trustor from the obligations of this Deed of Trust or liability under the Indebtedness.
<br />Time is of the Essence. Time is of the essence in the performance of this Daed of Trust.
<br />Waiver of Homestead Exemptfon. Trustor hereby releases end weives ell rights end benefits of the homestead
<br />axemption laws of the State of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br />DEFINITIONS. The following capitalized words end terms shall have the following meanings when used in this Deed of
<br />Trust. Unless specifically stated to the contrary, all references to dollar emounts shall mean amounts in lawful money
<br />of the United States of America. Words and terms used in the singular shall include the plural, and the plurai shall
<br />include the singular, as the context may require. Words and tarms not otherwise dafined in this Deed of Trust shall
<br />have the meanings attributed to such terms in the Uniform Commarcial Code:
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