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201605562 <br />14. Fees and Expenses. In the event Trustee sells the Property be exercise of power of sale, <br />Trustee shall be entitled to apply any sale proceeds first to payment of all costs and expenses of exercising <br />power of sale, including all Trustee's fees, and Lender's and Trustee's attorney's fees, actually incurred to <br />extent permitted by applicable law. In the event Borrower or Trustor exercises any right provided by law to <br />cure an Event of Default, Lender shall be entitled to recover from Trustor all costs and expenses actually <br />incurred as a result of Trustor's default, including without limitation all Trustee's and attorney's fees, to the <br />extent permitted by applicable law. <br />15. Future Advances. Upon request of Borrower, Lender may, at its option, make additional and <br />future advances and readvances to Borrower. Such advances and readvances, with interest thereon, shall be <br />secured by this Deed of Trust. <br />16. Miscellaneous Provisions. <br />(a) Borrower Not Released. Extension of the time for payment or modification of <br />amortization of the sums secured by this Deed of Trust granted by Lender to any successor in interest of <br />Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's <br />successors in interest. Lender shall not be required to commence proceedings against such successor or <br />refuse to extend time for payment or otherwise modify amortization of the sums secured by this Deed of <br />Trust by reason of any demands made by the original Borrower and Borrower's successors in interest. <br />(b) Lender's Powers. Without affecting the liability of any other person liable for the <br />payment of any obligation herein mentioned, and without affecting the lien or charge of this Deed of Trust <br />upon any portion of the Property not then or theretofore released as security for the full amount of all unpaid <br />obligations, Lender may, from time to time and without notice (i) release any person so liable, (ii) extend the <br />maturity or alter any of the terms of any such obligations, (iii) grant other indulgences, (iv) release or <br />reconvey, or cause to be released or reconveyed at any time at Lender's option any parcel, portion or all of <br />the Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) <br />make compositions or other arrangements with debtors in relation thereto. <br />(c) Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any <br />right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the <br />exercise of any such right or remedy. The procurement of insurance or the payment of taxes or other liens or <br />charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness <br />secured by this Deed of Trust. <br />(d) Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants <br />and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors <br />and assigns of Lender and Trustor. All covenants and agreements of Trustor shall be joint and several. The <br />captions and headings of the paragraphs of this Deed of Trust are for convenience only and are not to be used <br />to interpret or define and provisions hereof. <br />(e) Request for Notices. The parties hereby request that a copy of any notice of default <br />hereunder and a copy of any notice of sale hereunder be mailed to each party to this Deed of Trust at the <br />address set forth above in the manner prescribed by applicable law. Except for any other notice required <br />under applicable law to be given in another manner, any notice provided for in this Deed of Trust shall be <br />given by mailing such notice by certified mail addressed to the other parties, at the address set forth above. <br />Any notice provided for in this Deed of Trust shall be effective upon mailing in the manner designated <br />herein. If Trustor is more than one person, notice sent to the address set forth above shall be notice to all such <br />persons. <br />(f) Inspection. Lender may make or cause to be made reasonable entries upon and inspections <br />of the Property, provided that Lender shall give Trustor notice prior to any such inspection specifying <br />reasonable cause therefor related to Lender's interest in the Property. <br />(g) Reconveyance. Upon payment of all sums secured by this Deed of Trust, Lender shall <br />request Trustee to reconvey the Property and shall surrender this Deed of Trust and all notes evidencing <br />indebtedness secured by this Deed of Trust to Trustee. Trustee shall reconvey the Property without warranty <br />and without charge to the person or persons legally entitled thereto. Trustor shall pay all costs of recordation, <br />if any. <br />(h) Personal Property; Security Agreement. As additional security for the payment of the <br />Note, Trustor hereby grants Lender under the Nebraska Uniform Commercial Code a security interest in all <br />fixtures, equipment, and other personal property used in connection with the real estate or improvements <br />located thereon, and not otherwise declared or deemed to be a part of the real estate secured hereby. This <br />instrument shall be construed as a Security Agreement under said Code, and the Lender shall have all the <br />rights and remedies of a secured party under said Code in addition to the rights and remedies created under <br />and accorded the Lender pursuant to this Deed of Trust; provided that Lender's rights and remedies under this <br />paragraph shall be cumulative with, and in no way a limitation on, Lender's rights and remedies under any <br />other security agreement signed by Borrower or Trustor. <br />(i) Liens and Encumbrances. Trustor hereby warrants and represents that there is no default <br />under the provisions of any mortgage, deed of trust, lease or purchase contract describing all or any part of <br />the Property, or other contract, instrument or agreement constituting a lien or encumbrance against all or any <br />part of the Property (collectively, "Liens "), existing as of the date of this Deed of Trust, and that any and all <br />existing Liens remain unmodified except as disclosed to Lender in Trustor's written disclosure of liens and <br />encumbrances provided for herein. Trustor shall timely perform all of Trustor's obligations, covenants, <br />representations and warranties under any and all existing and future Liens, shall promptly forward to Lender <br />copies of all notices of default sent in connection with any and all existing or future Liens, and shall not <br />without Lender's prior written consent in any manner modify the provisions of or allow any future advances <br />under any existing or future Liens. <br />7497.CV (11/15) Page 4 of 5 GOTO(00475f9b) <br />