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0001058 <br />14. Fees and Expenses. In the event Trustee sells the Property by exercise of power of sale, Trustee shall <br />be entitled to apply any sale proceeds first to payment of all costs and expenses of exercising power of sale, <br />including all Trustee's fees, and Lender's and Trustee's attorney's fees actually incurred to the extent permitted by <br />applicable law. In the event Borrower or Trustor exercises any right provided by law to cure an Event of Default, <br />Lender shall be entitled to recover from Trustor all costs and expenses actually incurred as a result of Trustor's <br />default, including, without limitation, all Trustee's and attorney's fees, to the extent permitted by applicable law. <br />15. Future Advances. Upon request of Borrower, Lender may, at its option, make additional and future <br />advances and readvances to Borrower. Such advances and readvances, with interest thereon, shall be secured by <br />this Deed of Trust. At no time §hall the principal amount of the indebtedness secured by this Deed of Trust, not <br />including sums advanced to protect the security of this Deed of Trust, exceed the original principal amount stated <br />herein, or $0.00, whichever is greater. <br />16. Miscellaneous Provisions. <br />(a) Borrower Not Released. Extension of the time for payment or modification of amortization of <br />the sums secured by this Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate <br />to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall <br />not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise <br />modify amortization of the sums secured by this Deed of Trust by reason of any demands made by the original <br />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 <br />any obligation herein mentioned, and without affecting the lien or charge of this Deed of Trust upon any portion of <br />the Property not then or theretofore released as a security for the full amount of all unpaid obligations, Lender may, <br />from time to time and without notice, (i) release any person so liable; (ii) extend the maturity or alter any of the <br />terms of any such obligations; (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or <br />reconveyed at any time at Lender's option any parcel, portion or all of the Property; (v) take or release any other or <br />additional security for any obligation herein mentioned; or (vi) make compositions or other arrangements with <br />debtors in relation thereto. <br />(c) Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or <br />remedy hereunder or otherwise afforded by applicable law shall not be a waiver of, or preclude the exercise of, any <br />such right or remedy. The procurement of insurance or the payment of taxes or other liens or charges by Lender <br />shall not be a waiver of Lender's right 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 <br />agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns <br />of Lender and Trustor. All covenants and agreements of Trustor shall be joint and several. The captions and <br />headings of the paragraphs of this Deed of Trust are for convenience only and are not to be used to interpret or <br />define the provisions hereof. <br />(e) Request for Notices. The parties hereby request that a copy of any notice of default hereunder <br />and a copy of any notice of sale hereunder be mailed to each party to this Deed of Trust at the address set forth <br />above in the manner prescribed by applicable law. Except for any other notice required under applicable law to be <br />given in another manner, any notice provided for in this Deed of Trust shall be given by mailing such notice by cer- <br />tified mail addressed to the other parties, at the address set forth above. Any notice provided for in this Deed of <br />Trust shall be effective upon mailing in the manner designated herein. If Trustor is more than one person, notice <br />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 <br />of the Property, provided that Lender shall give Trustor notice prior to any such inspection specifying reasonable <br />cause therefor related to Lender's interest in the Property. <br />(g) Reconvevance. Upon payment of all sums secured by this Deed of Trust, Lender shall request <br />Trustee to reconvey the Property and shall surrender this Deed of Trust and all notes evidencing indebtedness <br />secured by this Deed of Trust to Trustee. Trustee shall reconvey the Property without warranty and without charge <br />to the person or persons legally entitled 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, <br />Trustor hereby grants Lender, under the Nebraska Uniform Commercial Code, a security interest in all fixtures, <br />equipment and other personal property used in connection with the real estate or improvements located thereon and <br />not otherwise declared or deemed to be a part of the real estate secured hereby. This instrument shall be construed <br />as a Security Agreement under said Code, and the Lender shall have all the rights and remedies of a secured party <br />under said Code in addition to the rights and remedies created under and accorded the Lender pursuant to this Deed <br />of Trust, provided that Lender's rights and remedies under this paragraph shall be cumulative with, and in no way a <br />limitation on, Lender's rights and remedies under any other security agreement signed by Borrower or Trustor. <br />(i) Liens and Encumbrances. Trustor hereby warrants and represents that there is no default <br />under the provisions of any mortgage, deed of trust, lease or purchase contract describing all or any part of the <br />Property, or other contract, instrument or agreement constituting a lien or encumbrance against all or any part of the <br />N <br />