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201210718
<br />appropriate for the protection of the security hereby conveyed or enforcement of the debt hereby secured,
<br />for the trustee or the Beneficiary to institute or become a party to any proceeding or suit in a court of
<br />bankruptcy or probate or other court of general or limited jurisdiction, all expenses and costs properly
<br />incurred by said Trustee or said Beneficiary (including reasonable attorney's fees) paid or incurred by such
<br />Trustee or Beneficiary in maintaining, prosecuting or defending such proceeding or protecting their
<br />respective rights hereunder shall be an additional debt secured by this Deed of Trust in like manner with the
<br />principal debt herein described; (e) Beneficiary, or its agents, representatives or workmen, are authorized
<br />to enter at any reasonable time upon or in any part of the Property for the purpose of inspecting the same and
<br />for the purpose of performing any of the acts it is authorized to perform under the terms of this Deed of
<br />Trust; (f) any forbearance by Beneficiary or Trustee in exercising any right or remedy hereunder, or
<br />otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or
<br />remedy hereunder; similarly, the waiver by Beneficiary or Trustee of any default of Trustor under this Deed
<br />of Trust shall not be deemed a waiver of any other or similar defaults subsequently occurring; (g) extension
<br />of the time for payment or modification or amortization of the sums secured by this Deed of Trust granted
<br />by Beneficiary to any successor in interest of Trustor shall not operate to release, in any manner the liability
<br />of the original Trustor and Trustor's successor in interest. Beneficiary shall not be required to commence
<br />proceedings against such successor or refuse to extend the time for payment or otherwise modify
<br />amortization of the sums and indebtedness secured by this Deed of Trust by reason of any demand made by
<br />the original trustor and trustor's successors in interest; (h) without affecting the liability of the trustor or any
<br />other person liable for the payment of the obligations and indebtedness secured by this Deed of Trust, and
<br />without affecting the lien or charge of this Deed of Trust upon any portion of the Property not then or
<br />theretofore released as security for the full amount of all unpaid obligations, Beneficiary may, from time to
<br />time and without notice (i) release any person so liable, (ii) extend the maturity or alter any of the terms of
<br />any such obligation, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or
<br />reconveyed at any time at Beneficiary's option any parcel, portion or all of the Property, (v) take or release
<br />any other or additional security for any obligation or indebtedness herein mentioned, or (vi) make
<br />compositions or other arrangements with debtors in relation thereto; (i) in addition to the rights and powers
<br />given to the Trustee and Beneficiary herein, the Beneficiary shall have all such other rights both in law and
<br />equity for collection of the indebtedness secured hereby as it would have but for this Deed of Trust; (j) all
<br />covenants and agreements of Trustor set forth in this Deed of Trust shall be joint and several; (k) this Deed
<br />of Trust shall be governed by the laws of the State of Nebraska; (1) in the event any one or more of the
<br />provisions contained in this Deed of Trust, or the Note or any other security instrument given in connection
<br />with the indebtedness hereby secured shall for any reason be held to be invalid, illegal or unenforceable in
<br />any respect, such invalidity, illegality, or unenforceability shall, at the option of Beneficiary, not affect any
<br />other provision of this Deed of Trust, but this Deed of Trust shall be construed as if such invalid, illegal, or
<br />unenforceable provision had never been contained herein or therein. If the lien of this Deed of Trust is
<br />invalid or unenforceable as to any part of the indebtedness hereby secured or evidenced by the Note, or if
<br />the lien is invalid or unenforceable as to any part of the Property, the unsecured or partially secured portion
<br />of such indebtedness shall be completely paid prior to the payment of the remaining and secured or partially
<br />secured portion of such indebtedness, and all payments made on such indebtedness, whether voluntary or
<br />under foreclosure or other enforcement action or procedure, shall be considered to have been first paid on
<br />and applied to the full payment of that portion of such indebtedness which is not secured or not fully secured
<br />by the lien of this Deed of Trust; and (m) the covenants and agreements contained in this Deed of Trust shall
<br />bind, and the benefits and advantages hereof shall inure to the respective heirs, executors, administrators,
<br />successors and assigns of the parties hereto. Wherever used herein, the singular number shall include the
<br />plural and conversely, and the use of any gender shall be applicable to all genders. Wherever the term
<br />"Beneficiary" is used herein, it shall include the legal holder or holders of the Note or the indebtedness
<br />secured hereby.
<br />SEVENTH: Upon written request of Beneficiary stating that all amounts and indebtedness secured
<br />hereby have been paid, and upon surrender of this Deed of Trust and the Note to Trustee for the cancellation
<br />and retention and upon payment by Trustor of Trustee's fees, Trustee shall reconvey to Trustor, or the person
<br />or persons legally entitled thereto, without warranty, any portion of the Property then held by Trustee
<br />hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive proof of the
<br />truthfulness thereof The grantee of any reconveyance may be described as "the person or persons legally
<br />entitled thereto."
<br />EIGHTH: Except for any notices, demands, requests or other communications required under
<br />applicable law to be given in another manner, whenever Beneficiary, Trustor or Trustee gives or serves any
<br />notice (including, without limitation, notice of default and notice of sale), demands, requests or other
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