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Loan No: 101245912 <br />DEED OF TRUST <br />(Continued) <br />201108760 <br />Page 8 <br />take the following actions with respect to the Property upon the written request of Lender and T stor. (a) join (n <br />preparing and flling a map or plat of the Real Property, (ncluding the dedicatlon of sVeets or ot er �ights to the <br />public; (b) join in granting any easement or creaUng eny restriction on the Real Property; and (c) joln in any <br />subordination or other agreement affecting this Deed of Trust or the interest of Lender under this of Trust. <br />Trustee. Trustee shall meet all qualiflcatlons required Tor Trustee under applicable law. In additlon to the rights <br />and remedies set forth above, with respect to all or any part of the Properly, the Trustee shall �ave the right to <br />foreclose by notice and sale, and Lender shall have the rlght to foreclose by Judicial foreclosure,�n either case in <br />accordance with and to the full extent provided by applicable law. <br />Successor Trustee. Lender, at Lender's option, may from Ume to time appoint a successor Tn.iste <br />appointed under this Deed of Trust by an instrument executed and acknowledged by Lender anc <br />office of the recorder of HALL County, State of Nebraska. The instrument shall contain, in adc <br />matters requfred by state law, the names of the original Lender, Trustee, and Trustor, the ba <br />computer system reference) where this Deed of Trust is recorded, and the name and address <br />trustee, and the instrument shall be executed and acknowledged by all the beneflciarles under this <br />their successors in interest. The successor trustee, without conveyance of the Property, shall s <br />title, power, and dutles confeRed upon the Trustee in this Deed of Trust and by applfcable law. T <br />substitution of Trustee shall govem to the exclusion of all other provisions for substitution. <br />NOTICES. Any notice required to be gNen under this Deed of Trust, including without Iimitation any <br />and any notice of sale shall be gNen in writing, and shall be effective when actually delber�, when <br />by telefacsimile (unless othervvise required by law), when deposfted wkh a nationally recognized oveml <br />mailed, when deposited in the Unfted States mail, as first Gass, certifted or registered mail postage pn <br />the addresses shown near the beginning of this Deed of Trust. All copfes of notices of foreclosure fr <br />any lien whfch has p�iority over this De� of Trust shall be sent to Lender's address, as shown near <br />this Deed of Trust. Any party may change its address for notices under this Deed of Trust by givir <br />notice to the other part(es, specifying that the purpose of the notice is to change the party's addi <br />purposes, Trustor agrees to k�p Lender informed at all t(mes of Trustor's current address. Unless ot <br />or required by law, if there is more than one Trustor, any notice given by Lender to any Trustor is dee <br />given to all Trustors. <br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions ar� a part of this Deed of Tru; <br />to any Trustee <br />recorded in the <br />yon to all other <br />k and page (or <br />fthe successor <br />)�d of Trust or <br />:ceed to all the <br />s procedure for <br />�tice of default <br />tually receNed <br />t courier, or, if <br />�id, directed to <br />� the holder of <br />e beginning of <br />formal wrftten <br />s. For notice <br />rvvise pmvided <br />xi to be notice <br />Amendments. Thfs Deed of Trust, together with any Related Docume ts, constitutes the entire u derstanding and <br />agreement of the parties as to the matters set forth in this Deed of T st. No alteratlon of or a endment to this <br />Deed of Trust shall be effective unless given In writing and signed by e party or parties sought o be charged or <br />bound by the alteraUon or amendment. <br />Mnual Reports. If the Property is used for purposes other than rustor's residencs, Trustor shatl fumish to <br />Lender, upon request, a certifled statemerrt of net operatlng income ived from the Properly during Trustor's <br />prevfous flscal year in such form and detail as Lender shall require. Net oparating income" s I mean all psh <br />receipts from the Property less all c�h experrcliture.s made in c�nnecti n with the operatlon of the roperly. <br />Caption Headings. Captlon headings in this D�d of Trust are for nvenience purposes only a d are 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 (nterest or estate created by his Deed of Trust with any other interest or <br />estate in the Property at any time held by or for the beneflt of Lender n any capacity, without th written consent <br />of Lender. <br />Goveming Law. This Deed of Trust will be govemed by federal law applicable to Lender and, to the extent not <br />preempted by federel law, the laws of the State of Nebraska without r gard to Its conflicts of law provislons. This <br />Deed of Trust has been accepted by Lender In the State of Nebraska. <br />Choice of Venue. If there is a lawsuit, Trustor agree,s upon Lender'� request to submit to the j�risdiction of the <br />courts of Hall Courrty, State of Nebr�ka. <br />No Walver by Lender. Lender shalt not be deemed to have waived a <br />waiver is given in writing and signed by Lender. No delay or omissic <br />shall operate as a waiver of such right or any other right. A waNer <br />shall not prejudice or constitute a waiver of Lender's right othei <br />provision or any other provision of this Deed of Trust. No prior <br />between Lender and Trustor, shall constitute a waiver of any of Le <br />as to any future transactlons. Whenever the consent of Lender is r <br />of such consent by Lender in any instance shall not constitute contl <br />such consent is required and in all cases such consent may be grantE <br />� rights under this Deed of <br />on the part of Lender in e <br />i Lender of a provision of <br />se to demand strict corr <br />aiver by Lender, nor any <br />e�'s rights or of any of Tr <br />ufred under this Deed of " <br />ifng consent to subsequer <br />or withheld in the sole dis <br />Severablllty. If a court of competent jurisdiction finds any provision bf this Deed of Trust to be <br />urrenforceable � to arry dreumstance, that finding shall not mak� the offending provision I <br />uner�forarable � to any other dreumstance. If feasible, the offendiMg provision shall be consic <br />that it beoomes legal, valid and er�forc�ble. If the offending prbvisfon cannot be so ma <br />considered deleted from this Deed of Trust. Unless othervvise rqqu(red by law, the illega <br />rust unless such <br />>rcising any right <br />is Deed of Trust <br />liance with that <br />ourse of dealing <br />stor's obligations <br />ust, the granting <br />instances where <br />et(on of Lender. <br />Ilegal, irnalid, or <br />egal, invalid, or <br />ared rnodifled so <br />fied, it shall be <br />ty, invalidity, or <br />