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� 201109426
<br /> DEED OF TRUST
<br /> Loan No: 810291 (COntinUed) Page 6
<br /> Trustor also will pay any court costs,in addition to all other sums provided by law.
<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 obligati�ons of Trustee
<br /> are part of this Deed of Trust:
<br /> Powers of Trustee. In addition to alt powers of Trustee arising as a matter of law,Trustee shall have the power to
<br /> take the following actions with respect to the Pro�perty upon ihe written request of Lender and Trustor; (a)join in
<br /> preparing and filing a map or plat of the Real Property,including the detlication of streets or other rights to the
<br /> public; (b) join in granting any easement or creating any restriction on the Real Property; and (c)join in any
<br /> subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust.
<br /> Trustee. Trustee shall meet all qualifications requiYed fior 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 Tiustee shall have the right to
<br /> foreclose by notice and sale,and Lender shall have the right to foreclose 6y judicial foreclosure,in either case in
<br /> accordance with and to the full�eatent provided by applicable law.
<br /> Successor Trustee. Lender,at Lender's option,may from iime to time appoint a successor Trusiee to any Trustee
<br /> appointed under this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the
<br /> office of the recorder of HALL County, State of Nebraska. The instrument shall contain, in addition to all other
<br /> matters required by state law, the names of the o�iginal Lender, Trustee, and Trustor, the 600k and page (or
<br /> computer system reference) where this Deed of Trust is recorded, and the name and address of the successor
<br /> trustee,and the instrument shall be executed and acknowledged tiy all the beneficiaries under this Deed of Trust or
<br /> their successors in interest. The 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 applicable law. This procedure for
<br /> substitution of Trustee shall govem to the exclusion of all other provisions for substitution.
<br /> NOTICES. Any notice required to be given under this Deed of Trust,including without limitation any notice of default
<br /> and any notice of sale shall be given in writing,and shall be effective when actuaily delivered,when actually received
<br /> - by telefacsimile(unless otherwise required by law},when deposited with a nationally recognized overnight courier,or,if
<br /> mailed,when deposited in the United States mail,as first class,certified or registered maii postage prepaid,directed to
<br /> the addresses shown near the beginning of 2his Deed of Trust. All copies of notices of foreclosure from the holder of
<br /> any lie�which has ptiority over this Deed of Trust shall be sent to Lenders 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 ths purpose of the notice is to change the party's address. For notice
<br /> purposes,Trustor agrees to keep Lender informed at all ti.mes 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 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 alteraiion of or amentlment to this
<br /> Deed of Trust shall be effective unless given in writing antl signed by the party or parties sought to be charged or
<br /> bound by the alterati�on 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 statemeM of net operating income received from the Property during Trustor's
<br /> previous fiscal year in such form and detall as Lender shall require. "Net operating income" shall mean all cash
<br /> receipts from the Property less all cash�ezpenditures made in connection with the operatio�of the Property.
<br /> Caption Headings. Caption headings in this Deetl of Trust are far convenience purposes only and are not to be
<br /> used to interpret or define fhe provis.ions of this Deetl 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
<br /> estate in the Property at any time hsld by or for the benefit of Lende�in any capacity,without the written consent
<br /> of Lender.
<br /> Governing Law. TBis Deed of Trust will be govemed by federal law appGcable to Lender and,to the extent not
<br /> preempted by federal law,the laws of the State of Nebraska withaut regard to its conflicts of law provisions. This
<br /> Deed of Trust has been accepted by Lender in tMe State of Nebraska.
<br /> Choice of Venue. If there is a lawsuit,Trustor agrees upon Lender's request to submit m the jurisdiction of the
<br /> courts of Hall County,State of Nebraska. .
<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 and signed by Lender. No delay or omission on the part of Lender in exercising any right
<br /> . shall operaYe 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 oi this Deed of Trust. No prior waiver by Lender, nor any course of dealing
<br /> between Lender and Trustor,shall constitute a waiver ofi any of Lender's rights or of any of Trustor's obligations
<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 Lende�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 as to any circumstance, that finding shall not make the offending provision illegal, invalid, or
<br /> unenforceahle as to any other circumstance. If feasihle,the offending provision shall be considered modified so
<br /> that it becomes legal, valid and enforceabfe. If the offending provision cannot be so modified, it shall be
<br /> 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[his 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 Deetl of Trust shall be binding upon and inure to the benefit of the parties,their successots and assigns. If
<br /> ownership of the Property becomes vested in a person other ihan 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 firom the obligations of this Deed of Trust or liability under the lndebtedness.
<br /> Time is o#the Essenee. Time is of the essence in the performance of this Deed of Trusi.
<br /> Waive Jury. AII parties to this Deed of Trust hereby waive the right to any jury triat in any action,proceeding,or
<br /> counterdaim brooght by any party against any other party.
<br /> Waiver of Homestead F�cemption. Trustor here6y releases antl waives all rights and benefits of ihe homestead
<br /> exemption laws of the State of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br /> DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of
<br /> Trust. Unless specifically stated to the contrary,alf references to dollar amounts 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 plural shall
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