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<br />discharge the trust deed debt and the foreclosure costs, fees, and expenses. Such receiver may be
<br />immediately appointed by any court of competent jurisdiction upon ex parte application, notice being hereby
<br />expressly waived and shall serve without bond if the law allows. The receiver will apply all rents, issues,
<br />crops, profits, and income of the Property to keep the same in good repair and condition, pay all taxes,
<br />rents, fees, charges, and assessments, pay insurance premiums necessary to keep the Property insured,
<br />pay the expense of the receivership and attorney's fees incurred by the receiver, and apply the net proceeds
<br />to the payment of the Obligations secured hereby. Such receiver will have all the other usual powers of
<br />receivers authorized by law and as the court may direct.
<br />f. 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 secured
<br />hereby, be immediately due and payable and bear interest at the default rate provided in the Loan
<br />Documents from the date of payment until paid. The advancement by Lender of any such amounts will in
<br />no manner limit the right of Lender to declare Trustor in default or exercise any of Lender's other rights and
<br />remedies.
<br />g. 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, be
<br />immediately due and payable and bear interest at the default rate provided in the Loan Documents from
<br />the date of advance until paid.
<br />8. Lender's rights and remedies listed herein, and any rights and remedies that may be available at law or in
<br />equity, shall be deemed cumulative and non-exclusive, and Lender may proceed with any number of such
<br />rights and remedies at the same time or sequentially until all Obligations are paid and satisfied in full. The
<br />exercise of any right or remedy shall not be deemed a waiver or release of any other right or remedy, and
<br />Lender, upon a default, may proceed with any available remedy or right it selects in any order it determines
<br />all within its sole discretion.
<br />9. Delay by Lender in exercising its rights upon default will not be construed as a waiver thereof, and any act
<br />of Lender waiving any specific default will not be construed as a waiver of any future default. If the proceeds
<br />under sale or foreclosure as set forth above are insufficient to pay the total Obligations secured hereby,
<br />Lender will be entitled to a deficiency judgment.
<br />10. Any awards made to Trustor or their successors by the exercise of eminent domain are hereby assigned
<br />to Lender; and Lender is hereby authorized to collect and apply the same in payment of any indebtedness,
<br />matured or un -matured, secured by this trust deed. Trustor shall immediately notify Lender of any action in
<br />eminent domain.
<br />11. This trust deed constitutes a security agreement under the Uniform Commercial Code with the Trustor
<br />being the debtor, the Trustee being the secured party, the Obligations being the debt and the Property being
<br />the collateral.
<br />12. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any
<br />other remedy herein or by law provided or permitted, but each will be cumulative, will be in addition to every
<br />other remedy given hereunder or now or hereafter existing at law or in equity or by statute, and may be
<br />exercised concurrently, independently or successively.
<br />13. Trustor acknowledges that the duties and obligations of Trustee will be determined solely by the express
<br />provisions of this trust deed or the Nebraska Trust Deeds Act and Trustee will not be liable except for the
<br />performance of such duties and obligations as are specifically set forth therein, and no implied covenants or
<br />obligations will be imposed upon Trustee; Trustee will not be liable for any action by it in good faith and
<br />reasonably believed by it to be authorized or within the discretion or rights of powers conferred upon it by this
<br />trust deed or state law.
<br />14. The covenants contained in this trust deed will be deemed to be severable; in the event that any portion
<br />of this trust deed is determined to be void or unenforceable, that determination will not affect the validity of
<br />the remaining portions of the trust deed.
<br />15. Trustor hereby requests a copy of any notice of default or notice of sale hereunder to be mailed by certified
<br />mail to Trustor at the address set forth herein.
<br />16. 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 made
<br />when delivered by hand, or three days after being deposited in the mail, postage prepaid, or, in the case of
<br />App #: 5821214; CIF #: 220113; Acct #: 3355831 203DG Legal Doc. Date: December 28, 2021
<br />FORM 5011, Trust Deed, Security Agreement and Assignment of Rents Page 6 of 8
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