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03-27-1998 DEED OF TRUST Page 6
<br /> Loan No 685255 (Continued) , 98� 1(�2835
<br /> , contain, in addition to all other maHers required by state law, the names of the originai Lender,Trustee, and Trustor, the book and page(or
<br /> computer system reference)where this Deed of Trust is recorded,and the name and address of the successor trustee,and the instrument shall
<br /> be executed and acknowledged by all the bene�icia�ies under the Deed of Trust or their successors in interest. The successor trustee,without
<br /> conveyance of the Property,shall succeed to all the title,power,and duties confened upon the Trustee in this Deed of Trust and by applicable
<br /> law. This procedure(or substitution of trustee shall govern to the exclusion of all other provisions for substitution.
<br /> NOTICES TO TRUSTOR AND OTHER PARTIES. Any notice under this Deed of Trust shall be in writing, may be sent by telefacsimile (unless
<br /> otherwise required by law), and shall be eHective when actually delivered, or when deposited with a nationally recognized overnight courier, or, if
<br /> mailed, shall be deemed eHective when deposited in the United States mail first class,certified or registered mail, postage prepaid, directed 10 1he
<br /> addresses shown near the beginning of this Deed of Trust. Any party may change its address for noiices under this Deed of Trust by giving tormal
<br /> written notice to the other parties,specifying that the purpose of the notice is to change the party's address. All copies of notices of foreclosure from
<br /> the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address,as shown near the beginning of this Deed of Trust.
<br /> For notice purposes,Trustor agrees to keep Lender and Trustee informed et all times of Trustor's current address.
<br /> MISCELLANEOUS PROVISIONS. The following miscellaneous provisfons are a part of this Deed ot Trust:
<br /> Amendments. This Deed of Trust,together with any Related Documents,constitutes the entire understanding and agreement of the parties as
<br /> to the matters set forth in ihis Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given in writing and
<br /> signed by the pariy 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 Lender, upon request,a certified
<br /> statement of net operating income received (rom the Property du�ing Trustor's prevfous flscal year in such form and detail as Lender shall
<br /> require. "Net operating income"shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation
<br /> ofthe Property.
<br /> AppBcable Law. This Deed of Trust has been delivered to Lender and accepted by Lender in the State of Nebraska. This Deed oi Trust
<br /> shall be qovemed by and construed in accordance with the laws of the State of Nebraska.
<br /> Caption Headings. Caption headings in this Deed of Trust are for convenfence purposes only and are not to be used to interpret or define the
<br /> 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 other interest or estate in the Property at any
<br /> time held by or for the benefit of Lender in any capacity,without the wriften consent of Lender.
<br /> Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be invalid or unenforceable as to any person or
<br /> circumstance, such finding shall not render that provision invalid or unenforceable as to any other persons or circumstancbs. I(feasible, any
<br /> such offending provision shall be deemed to be modified to be within 1he limils of en(orceability or validity; however, if the offending provisfon
<br /> cannot be so modified,it shall be stricken and all other provisions of this Deed of Trust in all other respects shall remain valid and enforceable.
<br /> Successors end Assigns. Subject to ihe limitations stated in this Deed of Trust on transfer of Trustor's interest, this Deed of Trust shall be
<br /> binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Prope�ty becomes vested in a person
<br /> other than Trustor, Lender, without notice to Trustor, may deal with Trustor's successors with reference to this Deed of Trust and the
<br /> Indebtedness by way of (orbearance or extension without releasing Trustor from the obligations of thls Deed of Trust or liability under the
<br /> I ndebledness.
<br /> Time Is of ihe Essence. Time is oi the essence in the performance of this Deed of Trust.
<br /> Waivers and Consenis. Lender shall not be deemed to have waived any rights under this Deed of Trust (or under the Relaied Documents)
<br /> unless such waiver is in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a
<br /> waiver of such right or any other right. A waiver by any pa�ty of a provision of this Deed of Trust shall not constitute a waiver of or prejudice the
<br /> parfy's right otherwise to demand strict compliance with that provision or any other provision. No prior waiver by Lender, nor any course of
<br /> dealing between Lendar and Trustor, shall constitute a �vaiver of any of Lender's rights or any of Trustor's obligations as to any future
<br /> transactions. Whenever consent by Lender is required in this Deed of Trust,the granting of such consent by Lender in any instance shail not
<br /> constitute continuing consent io subsequent instances where such consent is required.
<br /> Wafver of Homestead Exemption. Trustor hereby releases and waives all rights and benefiis of the homestead exemption laws of the State of
<br /> Nebraska as to all Indebtedness secured by this Deed of Trust.
<br /> EACH TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST,AND EACH TRUSTOR AGREES TO ITS
<br /> TERMS.
<br /> TRUSTOR:
<br /> SINGLE TR E T, . '//
<br /> By: -�c� .
<br /> C A L NEUBERT,P SIDEN
<br /> CORPORATE ACKNOWLEDGMEiVT
<br /> STATE OF � � `��
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<br /> ��� )SS
<br /> COUNTY OF �
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<br /> On thi���G� da of ��'G�~'� /�,� '
<br /> Y , 19f=�' before me, the undersigned Notary Public, personally appeared MICHAEL L
<br /> NEUB T,P ESIDENT of SINGL TREE DEVaOPMENT,INC.,and known to me to be an authorized agent of the corporation that executed the
<br /> Deed of Trust and acknowledged the Deed of Trust to be the free and voluntary act a deed of ttie corporation, b hority o Bylaws or by
<br /> resolution of its board of directors,for the uses and purposes therein mentioned,and ted that he or she i ut rized ex cute this Deed
<br /> of Trust and in fact executed the Deed of Trust on behalf of the corporation. '
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