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201.700380
<br />being hereby expressly waived and shall serve without bond if the law allows. The receiver will apply
<br />all rents, issues, crops, profits, and income of the Property to keep the same in good repair and
<br />condition, pay all taxes, rents, fees, charges, and assessments, pay insurance premiums necessary to
<br />keep the Property insured, pay the expense of the receivership and attorney's fees incurred by the
<br />receiver, and apply the net proceeds to the payment of the Obligations secured hereby. Such receiver
<br />will have all the other usual powers of receivers authorized by law and as the court may direct.
<br />e. In the event Trustor fails to pay any liens, judgments, assessments, taxes, rents, fees, or charges or
<br />maintain any insurance on the Property, buildings, fixtures, attachments, or improvements as provided
<br />herein or in the Loan Documents. Lender, at its option, may make such payments or provide insurance,
<br />maintenance, or repairs and any amounts paid therefor will become part of the principal Obligations
<br />secured hereby, be immediately due and payable and bear interest at the default rate provided in the
<br />Loan Documents from the date of payment until paid. The advancement by Lender of any such amounts
<br />will in no manner limit the right of Lender to declare Trustor in default or exercise any of Lender's other
<br />rights and remedies.
<br />f. In the event Lender is a party to any litigation affecting the Property or this trust deed, including any
<br />action by Lender to enforce this trust deed or any suit in which Lender is named a defendant (including
<br />eminent domain and bankruptcy proceedings), Lender may incur expenses and advance payments for
<br />abstract fees, attorney's fees (to the extent allowed by law), costs, expenses, appraisal fees, and other
<br />charges and any amounts so advanced will become part of the principal Obligations secured hereby,
<br />be immediately due and payable and bear interest at the default rate provided in the Loan Documents
<br />from the date of advance until paid.
<br />8. Delay by Lender in exercising its rights upon default will not be construed as a waiver thereof, and any
<br />act of Lender waiving any specific default will not be construed as a waiver of any future default. If the
<br />proceeds under sale or foreclosure as set forth above are insufficient to pay the total Obligations secured
<br />hereby, Lender will be entitled to a deficiency judgment.
<br />9. Any awards made to Trustor or their successors by the exercise of eminent domain are hereby
<br />assigned to Lender; and Lender is hereby authorized to collect and apply the same in payment of any
<br />indebtedness, matured or un- matured, secured by this trust deed. Trustor shall immediately notify Lender
<br />of any action in eminent domain.
<br />10. This trust deed constitutes a security agreement with respect to all the Property described herein.
<br />11. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of
<br />any other remedy herein or by law provided or permitted, but each will be cumulative, will be in addition
<br />to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute, and
<br />may be exercised concurrently, independently or successively.
<br />12. Trustor acknowledges that the duties and obligations of Trustee will be determined solely by the
<br />express provisions of this trust deed or the Nebraska Trust Deeds Act and Trustee will not be liable except
<br />for the performance of such duties and obligations as are specifically set forth therein, and no implied
<br />covenants or obligations will be imposed upon Trustee; Trustee will not be liable for any action by it in
<br />good faith and reasonably believed by it to be authorized or within the discretion or rights of powers
<br />conferred upon it by this trust deed or state law.
<br />13. The covenants contained in this trust deed will be deemed to be severable; in the event that any
<br />portion of this trust deed is determined to be void or unenforceable, that determination will not affect the
<br />validity of the remaining portions of the trust deed.
<br />14. Trustor hereby requests a copy of any notice of default or notice of sale hereunder to be mailed by
<br />certified mail to Trustor at the address set forth herein.
<br />15. All notices, requests and demands to or upon the respective parties hereto to be effective shall be in
<br />writing and, unless otherwise expressly provided herein, shall be deemed to have been duly given or
<br />made when delivered by hand, or three days after being deposited in the mail, postage prepaid, or, in the
<br />case of delivery by a nationally recognized overnight courier, when received, addressed to one or more
<br />of the individuals executing this trust deed on behalf of such party at the address set forth above, or to
<br />such other address as such party may designate for itself by like notice.
<br />16. Trustor shall promptly provide and /or execute and deliver to Lender such further instruments,
<br />including, but not limited to, mortgages, deeds of trust, security agreements, financing statements,
<br />continuation statements, assignments, certificates, affidavits, addendums, amendments or resolutions in
<br />form and substance satisfactory to Lender that Lender may require to effectuate, complete; perfect,
<br />continue or preserve this trust deed or any other Loan Documents, Obligations or liens related thereto.
<br />17. This trust deed and all of the Loan Documents constitute the entire and complete understanding of
<br />the parties hereto and supersede all prior agreements and understandings relative to the subject matter
<br />App #: 5421884; CIF #: 315890; Note #: 3060510 220KS Legal Doc. Date: January 17, 2017
<br />FORM 5011, Trust Deed and Assignment of Rents Page 6 of 8
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