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Loan No: 101246521 DEED OF TRUST c� (1 1� O 8 3 h� Page 9
<br />(Continued► u i ��
<br />substitution of Trustee shall govern to the exclusion of all other provisions for substitution.
<br />NOTlCES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default
<br />and any notice of sale shail be given in writing, and shall be effective when actually delivered, when actually received
<br />by telefacsimile (unless otherwise required by fawi, when deposited with a nationaily recognized overnight courier, or, if
<br />mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to
<br />the addresses shown near the beginning of this Deed of Trust. AII copies 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 the beginning of
<br />this Deed of Trust. Any party may change its address for notices under this Deed of Trust by giving formal written
<br />notice to the other parties, 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 ail times of Trustor's current address. UNess 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 a part of this Deed of Trust:
<br />Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and
<br />agreement 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. �f the Property is used for purposes other than Trustor's residence, Trustor shall furnish to
<br />Lender, upon request; a certified stafement of net operating income received trom the Property during Trustor's
<br />previous fiscal year in such form and detail as Lender shall require. "Net operating income" shall mean all cash
<br />receipts from the Property less alI cash expenditures made in 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
<br />used to interpret or define the provisions ot this Deed ot Trust.
<br />Merger. There shaU be no merger ot the interest or estate created by this Deed of Trust with any other interest or
<br />estate in the 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 (aw appiicable to Lender and, to the e�ctent not
<br />preempted by fedsral law, the laws of the State of Nebraska without regard to its conflicts of law provisions. This
<br />Deed of Trust has been accepted by Lender in the State of Nebraska
<br />Choice of Venue. If there is a iawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the
<br />courts of HALL County, State of Nebraska.
<br />Joint and Several Liability. AII obligations of Borrower and Trustor under this Deed of Trust shall be joint and
<br />several, and al! references to Trustor shall mean each and every Trustor, and all references to Borrower shall mean
<br />each and every Borrower. This means that each Trustor signing below is responsible for all obligations in this Deed
<br />of Trust.
<br />No Waiver by Lender. Lender shatl not be deemed to have waived any rights under this Deed ot Trust unless such
<br />waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right
<br />shall operate as 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 Lender's right otherwise to demand strict compliance with that
<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, shall constitute a waiver of any of Lender's rights or of any of Trustor's obtigations
<br />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 instances where -
<br />such consent is required and in all cases such consent may be granted or withhefd in the sole discretion of Lender.
<br />Severability. �f a court of competent jurisdiction finds any provision of this Deed of Trust to be iltegal, invalid, or
<br />unenforceab�e as to any person or circumstance, that finding shall not make the offending provision illegal, invalid,
<br />or unenforceable as to any other person or circumstance. tf feasible, the offending provision shall be considered
<br />modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shal!
<br />be considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or
<br />unenforceability of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of any
<br />other provision of this Deed of Trust.
<br />Successors and Assigns, Subject to any limitations stated in this Deed of Trust on transter o€ 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 ot torbearanee or
<br />extension without releasing Trustor from the obligations of this Deed of Trust or Iiability under the Indebtedness.
<br />Time is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br />Waiver of Homestead Facemption. Trustor hereby releases and waives all rights and benefits of the homestead
<br />exemption �aws of the State of Nebraska as to all Indebtedness secured by this Deed of Trust.
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