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02106164
<br />Nebraska Landlord Tenant Act upon or in any part of the Property for the purpose of inspecting the same
<br />and for the purpose of performing any of the acts it is authorized to perform under the terms of the Trust
<br />Deed.
<br />15. OPTION TO FORECLOSURE. Upon the occurrence of any breach and upon the
<br />declaration of default hereunder, Beneficiary shall have the option to foreclose this Trust Deed in the
<br />manner provided by law for the foreclosure of trust deeds on real property.
<br />16. FORBEARANCE BY BENEFICIARY OR TRUSTEE NOT A WAIVER. Any
<br />forbearance by Beneficiary or Trustee in exercising any right or remedy hereunder, or otherwise afforded
<br />by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy.
<br />Likewise, the waiver by Beneficiary or Trustee of any default of Trustor under this Trust Deed shall not
<br />be deemed to be a waiver of any other or similar defaults subsequently occurring.
<br />17. BENEFICIARY'S POWERS. Without affecting or releasing the liability of the Trustor
<br />or any other person liable for the payment of any obligation herein mentioned, and without affecting the
<br />lien or charge of this Trust Deed upon any portion of the Property. Beneficiary may, from time to time
<br />and without notice at the request of one or more Trustors, (i) release any person liable, (ii) extend or
<br />renew the maturity or alter any of the terms of any such obligations, (iii) grant other indulgences, (iv)
<br />release or reconvey, or cause to be released or reconveyed, at any time at Beneficiary's option any parcel
<br />or all of the Property, (v) take or release any other or additional security for any obligation herein
<br />mentioned, (vi) make settlements or other arrangements with Trustor in relation thereto. All Trustors
<br />shall be jointly and severally obligated and bound by the actions of the Beneficiary or any one or more
<br />Trustor as stated in this paragraph.
<br />18. ATTORNEY FEES, COSTS, AND EXPENSES. The Beneficiary of this Trust Deed is
<br />entitled to the payment of attorneys' fees, costs, and expenses as provided in this Trust Deed, except as
<br />otherwise prohibited by law.
<br />19. RECONVEYANCE BY TRUSTEE. Upon written request of Beneficiary and upon
<br />payment by Trustor of Trustee's fees, Trustee shall reconvey to Trustor, or the person or persons legally
<br />entitled thereto, without warranty, any portion of the Property then held hereunder. Recitals in such
<br />reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in
<br />any reconveyance may be described as "the person or persons legally entitled thereto."
<br />20. NOTICES. Except for notices, demands, requests, or other communications required
<br />under applicable law to be given in another manner, whenever Beneficiary, Trustor or Trustee gives or
<br />serves any notice (including, without limitation, notice of default and notice of sale), demands, requests,
<br />or other communication with respect to this Trust Deed, each such notice, demand, request, or other
<br />communication shall be in writing and shall be effective only if the same is delivered by personal service
<br />or is mailed by certified mail, postage prepaid, addressed to the address as set forth at the beginning of
<br />this Trust Deed. Any party may at any time change its address for such notices by
<br />delivering or mailing to the other party hereto, as aforesaid, a notice of such change. Any notice
<br />hereunder shall be deemed to have been given to Trustor or Beneficiary, when given in the manner
<br />designated herein.
<br />21. REQUEST FOR NOTICE. Trustor and Beneficiary hereby request a copy of any
<br />notice of default, and a copy of any notice of sale thereunder, be mailed to each person who is a party
<br />hereto at the address for such person set forth in the first paragraph of this Trust Deed.
<br />22. GOVERNING LAW. This Trust Deed shall be governed by the laws of the state of
<br />Nebraska.
<br />23. SUCCESSORS AND ASSIGNS. This Trust Deed, and all terms, conditions, and
<br />obligations herein, apply to and inure to the benefit of and binds all parties hereto, their heirs, legatees,
<br />devisees, personal representatives, successors, and assigns. The term "Beneficiary" shall mean the owner
<br />and holder of the Note, whether or not named as Beneficiary herein.
<br />24. JOINT AND SEVERAL LIABILITY. All covenants and agreements of Trustor shall
<br />be joint and several.
<br />25. SEVERABILITY. In the event of any one or more of the provisions contained in this
<br />Trust Deed or the Note or any other security instrument given in connection with this transaction shall for
<br />any reason be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
<br />unenforceability shall, at the option of Beneficiary, not affect any other provision of this Trust Deed, but
<br />this Trust Deed shall be construed as if such invalid, illegal, or unenforceable provision had never been
<br />contained herein or therein. If the lien of the Trust Deed is invalid or unenforceable as to any part of the
<br />debt, or if the lien is invalid or unenforceable as to any part of the Property, the unsecured or partially
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