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<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 />hereof. This trust deed may not be effectively amended, changed, altered or modified, except in writing
<br />executed by all parties. To the extent the provisions contained in this trust deed are inconsistent with
<br />those contained in any other Loan Documents, the terms and provisions contained herein shall control.
<br />Otherwise, such provisions shall be considered cumulative.
<br />18. This trust deed may be executed in any number of counterparts and by either party on separate
<br />counterparts, each of which shall be deemed an original, but all of which together shall constitute one
<br />and the same instrument.
<br />19. Time is of the essence in the performance of this trust deed.
<br />20. The terms of this trust deed shall bind and benefit the heirs, legal representatives, successors, and
<br />assigns of the parties; provided, however, that Trustor may not assign this trust deed, or any advances
<br />made hereunder, or assign or delegate any of its rights or obligations, without the prior written consent of
<br />Lender.
<br />21. The trust deed shall be governed by, and construed in accordance with, the laws of the State of
<br />Nebraska, except to the extent that the law of any other jurisdiction applies as to the perfection or
<br />enforcement of Lender's security interest in or lien on any Property and except to the extent expressly
<br />provided to the contrary in any Loan Document. In the event that any provision or clause of any of the
<br />Loan Documents conflicts with applicable laws, such conflicts shall not affect other provisions of such
<br />Loan Documents which can be given effect without the conflicting provision, and to this end the provisions
<br />of the Loan Documents are declared to be severable. This instrument can be waived, changed,
<br />discharged or terminated only by an instrument in writing signed by the party against whom enforcement
<br />of any waiver, change, discharge or termination is sought.
<br />22. The acceptance by Lender of any sum in an amount less than the sum then due shall not be deemed
<br />a waiver of any default and the Lender's remedies set forth in any Loan Document shall not be impaired
<br />or waived by acceptance of any such partial payment, whether such payment is accepted before or after
<br />any notice of default or notice of sale. Consent by Lender to any transaction or action of Trustor which is
<br />subject to consent or approval of Lender in any Loan Document shall not be deemed a waiver of the right
<br />to require such consent or approval to future or successive transactions or actions.
<br />23. Upon satisfaction of all of Trustor's obligations under the Loan Documents, and upon written request
<br />of Lender stating that all sums secured hereby have been paid, and upon surrender of this deed of trust
<br />and the Note to Trustee for cancellation and upon payment by Trustor of Trustee's fees, Trustee shall
<br />reconvey to Trustor, or the person or persons legally entitled thereto, without warranty, any portion of the
<br />Property then held hereunder. The recitals in such reconveyance of any matters or facts shall be
<br />conclusive proof of the truthfulness thereof. The grantee in any reconveyance may be described as "the
<br />person or persons legally entitled thereto."
<br />WAIVER OF JURY TRIAL. TRUSTOR HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY
<br />JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO
<br />THIS TRUST DEED OR ANY RELATED LOAN DOCUMENT.
<br />App #: 5421516; CIF #: 382613; Note #: 3060045 220KS Legal Doc. Date: January 18, 2017
<br />FORM 5011, Trust Deed and Assignment of Rents Page 7 of 8
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