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<br />be construed and enforced as a realty mortgage, with Trustor being the mortgagor and
<br />Beneficiary being the mortgagee.
<br />Section 3.18 - Interest Rate. Notwithstanding any provisions herein, or in the Note
<br />secured hereby, or in the other Loan Documents or any other agreement between Trustor and
<br />Beneficiary, the total liability of Trustor for payments in the nature of interest shall not exceed
<br />the limits imposed by the usury laws of the State of Nebraska.
<br />Section 3.19 - Additional Rights and Remedies. In the event Trustor fails or refuses
<br />to surrender possession of the Mortgaged Property after any Trustee's sale or sheriff's sale ,
<br />Trustor shall be deemed a tenant at sufferance, subject to eviction by means of forcible entry
<br />and detainer proceedings, provided that this remedy is not exclusive or in derogation of any
<br />other right or remedy available to Beneficiary.
<br />Section 3.20 - Time Of The Essence. Time of each payment and performance of each
<br />of Trustor's obligations pursuant to the Note, this Deed of Trust, the Loan Documents and
<br />each other instrument or obligation of Trustor as secured hereby is specifically declared to be
<br />of the essence. All covenants and agreements of Trustor contained herein or in any other
<br />Loan Document shall continue in full force and effect from and after the date hereof until
<br />indefeasible payment in full of the Secured Indebtedness.
<br />Section 3.21 - Right to Cure Defaults. If the Trustor shall fail to comply with any of
<br />the terms, covenants and conditions herein with respect to the procuring of insurance, the
<br />payment of taxes, assessments and other charges, the keeping of the Mortgaged Property in
<br />repair, or any other term, covenant or condition herein contained, the Beneficiary may (but
<br />shall be under no obligation to) perform the same and/or make advances to perform the same
<br />without notice to or demand upon the Trustor and without waiving or releasing any obligation
<br />or default and, where necessary, enter the Mortgaged Property for the purpose of performing
<br />any such term, covenant or condition without liability to the Trustor for any loss or damage
<br />caused by such entry. The Trustor agrees to repay all sums so advanced (including premiums
<br />for so-called "force placed" insurance coverage protecting only the interest of Beneficiary in
<br />the Mortgaged Property) upon demand, with interest from the dates such advances are made,
<br />at the Default Rate under the Note, and all sums so advanced, with interest, shall be secured
<br />hereby, but no such advance shall be deemed to relieve the Trustor from any default
<br />hereunder.
<br />Section 3.22 - Indemnification; No Abatement. The Trustor will protect, indemnify,
<br />defend and save harmless the Beneficiary for, from and against all liabilities, obligations,
<br />claims, damages, penalties, causes of action, costs, charges and expenses, including, without
<br />limitation, reasonable attorneys' fees and expenses, which may be imposed upon or incurred
<br />by or asserted against the Beneficiary by reason of any accident, injury to or death of any
<br />person or loss of or damage to any property occurring on or about the Mortgaged Property or
<br />the adjoining sidewalks, curbs, vaults and vault space, if any, streets or ways, during the term
<br />of this Deed of Trust; any use, nonuse or condition of the Mortgaged Property or the adjoining
<br />sidewalks, curbs, vaults and vault space, if any, streets or ways, during the term of this Deed
<br />of Trust; any failure on the part of the Trustor to perform or comply with any of the terms of
<br />this Deed of Trust; performance of any labor or services or the furnishing of any materials or
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