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<br />14. Fees and Expenses. In the event Trustee sells the Property by exercise of power of sale, Trustee shall be entitled to
<br />apply any sale proceeds first to payment of all costs and expenses of exercising power of sale, including all Trustee's fees, and
<br />Lender's and Trustee's attorney's fees, actually incurred to extent permitted by applicable law. In the event Borrower or Trustor
<br />exercises any right provided by law to cure an Event of Default, Lender shall be entitled to recover from Trustor all costs and
<br />expenses actually 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. Miscellaneous Provisions.
<br />(a) Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured by this
<br />Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the
<br />liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence
<br />proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums
<br />secured by this Deed of 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 payment of any obligation herein
<br />mentioned, and 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, Lender may, from time to time and without notice
<br />(i) release any person so liable, (ii) extend the maturity or alter any of the terms of any such obligations, (iii) grant other
<br />indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Lender's option any parcel,
<br />portion or all of 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 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 remedy. The
<br />procurement of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's right
<br />to accelerate the maturity of the indebtedness secured by this Deed of Trust.
<br />(d) Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein
<br />contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Trustor.
<br />All covenants and agreements of Trustor shall be joint and several. The captions and headings of the paragraphs of this
<br />Deed of Trust are for convenience only and are not to be used to interpret or define the provisions hereof.
<br />(e) Request for Notices. The parties hereby request that a copy of any notice of default hereunder and a copy of any
<br />notice of sale hereunder be mailed to each party to this Deed of Trust at the address set forth in the manner prescribed by
<br />applicable law. Except for any other notice required under applicable law to be given in another manner, any notice provided
<br />for in this Deed of Trust shall be given by mailing such notice by certified mail addressed to the other parties, at the address
<br />set forth above. Any notice provided for in this Deed of Trust shall be effective upon mailing in the manner designated herein.
<br />If Trustor is more than one person, notice sent to the address set forth above shall be notice to all such persons.
<br />(f) Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided
<br />that Lender shall give Trustor notice prior to any such inspection specifying reasonable cause therefor related to Lender's
<br />interest in the Property.
<br />(g) Reconveyance. Upon payment of all sums secured by this Deed of Trust, Lender shall request Trustee to reconvey
<br />the Property and shall surrender this Deed of Trust and all notes evidencing indebtedness secured by this Deed of Trust to
<br />Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled
<br />thereto. Trustor shall pay all costs of recordation, if any.
<br />(h) Personal Property; Security Agreement. As additional security for the payment of the Note, Trustor hereby grants
<br />Lender under the Nebraska Uniform Commercial Code a security interest in all fixtures, equipment, and other personal
<br />property used in connection with the real estate or improvements located thereon, and not otherwise declared or deemed to
<br />be a part of the real estate secured hereby. This instrument shall be construed as a Security Agreement under said Code,
<br />and the Lender shall have all the rights and remedies of a secured party under said Code in addition to the rights and
<br />remedies under this paragraph shall be cumulative with, and in no way a limitation on, Lender's rights and remedies under
<br />any other security agreement signed by Borrower or Trustor.
<br />(i) Liens and Encumbrances. Trustor hereby warrants and represents that there is no default under the provisions of
<br />any mortgage, deed of trust, lease or purchase contract describing all or any part of the Property, or other contract,
<br />instrument or agreement constituting a lien or encumbrance against all or any part of the Property (collectively, "Liens"),
<br />existing as of the date of this Deed of Trust, and that any and all existing Liens remain unmodified except as disclosed to
<br />Lender in Trustor's written disclosure of liens and encumbrances provided for herein. Trustor shall timely perform all of
<br />Trustor's obligations, covenants, representations and warranties under any and all existing and future Liens, shall promptly
<br />forward to Lender 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 under any
<br />existing or future Liens.
<br />(j) Application of Payments. Unless otherwise required by law, sums paid to Lender hereunder, including without
<br />limitation payments of principal and interest, insurance proceeds, condemnation proceeds and rents and profits, shall be
<br />applied by Lender to the amounts due and owing from Trustor and Borrower in such order as Lender in its sole discretion
<br />deems desirable.
<br />(k) SBA Guaranteed Loans. If this loan is SBA guaranteed, the Loan secured by this lien was made under a United States
<br />Small Business Administration (SBA) nationwide program which uses tax dollars to assist small business owners. If the United
<br />States is seeking to enforce this document, then under SBA regulations: a) When SBA is the holder of the Note, this document
<br />and all documents evidencing or securing this Loan will be construed in accordance with federal law. b) Lender or SBA may use
<br />local or state procedures for purposes such as filing papers, recording documents, giving notice, foreclosing liens, and other
<br />purposes. By using these procedures, SBA does not waive any federal immunity from local or state control, penalty, tax, or
<br />liability. No Borrower or Guarantor may claim or assert against SBA any local or state law to deny any obligation of Borrower, or
<br />defeat any claim of SBA with respect to this Loan. c) Any clause in this document requiring arbitration is not enforceable when
<br />SBA is the holder of the Note secured by this instrument.
<br />(I) Severability. If any provision of this Deed of Trust conflicts with applicable law or is declared invalid or otherwise
<br />unenforceable, such conflict or invalidity shall not affect the other provisions of this Deed of Trust or the Note which can be
<br />given effect without the conflicting provision, and to this end the provisions of this Deed of Trust and the Note are declared
<br />to be severable.
<br />(m) Terms. The terms "Trustor" and "Borrower" shall include both singular and plural, and when the Trustor and Borrower
<br />are the same person(s), those terms as used in this Deed of Trust shall be interchangeable.
<br />(n) Governing Law. This Deed of Trust shall be governed by the laws of the State of Nebraska.
<br />16. Water Rights. Trustor is prohibited from selling, assigning, or otherwise conveying its interest in water rights that may
<br />now, or at any time in the future, be used in connection with the real property without receiving prior written consent from the
<br />Beneficiary. Beneficiary covenants to fully utilize all water rights that may now, or at any time in the future, be used in connection
<br />with the real property while the deed of trust is in effect in order to minimize the risk of abandonment of such water rights.
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