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200110495 '1,4. Fees and Expenses. In the event Trustee sells (lie Property by exercise of power of sale, Trustee shall be entitled to apply any sale proceeds rrrst to payment of all costs and expenses of exercising power of sale, including all Trustee's fees, and Lender's and Trustee's attorney's fees, actually incurred to extent permitted by applicable law. In Ilia event Borrower or Truslor exercises any right provided by law to cure an Event of Default, Lender shall be entitled to recover from Truslor all costs and expenses actually incurred as a result of Truslor's default, including without limitation all Trustee's and attorney's fees, to the extent permitted by applicable law. 15. Future Advances. Upon request of Borrower, Lender may, at its option, make additional and future advances and read - vances to Borrower. Such advances and readvances, with interest lliereon, shall be secured by this Deed of Trust. At no time shall [lie principal amount of the indebtedness secured by this Deed of Trust not Including sums advanced to protect Ilia security of this Deed of Trust, exceed the original principal amount stated herein, or ;G 17 , 040.06 whichever is greater. '16. Miscellaneous Provisions. (a) Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured by [his Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liabili- ty of [lie original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demands made by [lie original Borrower and Borrower's successors in interest. (b) Lender's Powers. Without affecting Ilse liability of any other person liable for the payment of any obligation herein men- tioned, and without affecting the lien or charge of this Deed of Trust upon any portion of the Property not then or theretofore released as security for the full arnount of all unpaid obligations, Lender may, from time to time and without notice (i) release any person so liable, (ii) extend the maturity or alter any of [lie terms of any such obligations, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Lender's option any parcel, portion or all of the Property, (v) lake or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. (c) Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or oth- erwise afforded by applicable law, shall not be a waiver of or preclude [lie exercise of any such right or rernedy. Tile procure- ment of insurance or Ilia payment of taxes or other liens or charges by Lender shall not be a waiver or Lender's right to acceler- ate Ilia maturity of [lie indebtedness secured by this Deed of Trust (d) Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein con- tained shall bind, and the rights hereunder shall inure lo, [lie respective successors and assigns of Lender and Truslor. All covenants and agreements of Truslor shall be joint and several. The captions and headings of [lie paragraphs of this Deed of Trust are for convenience only and are not to be used to interpret or define the provisions hereof. (e) Request for Notices. Tile parties hereby request Ilia[ a copy of any notice of default hereunder and a copy of any notice of sale hereunder be mailed to each party to this Deed of Trust at the address set forth above in the manner prescribed by applicable law. Except for any other notice required under applicable law to be given in another manner, any notice provided for in this Deed of Trust shall be given by mailing such notice by certified mail addressed to (lie other parties, at (lie address set forth above. Any notice provided for in (his Deed of Trust shall be effective upon mailing in the manner designated herein. If Truslor is more than one person, notice sent to the address set forth above shall be notice to all such persons. (f) Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Properly, provided that Lender shall give Truslor notice prior to any such inspection specifying reasonable cause therefor related to Lender's inter- est in [he Property. (g) Reconveyance. Upon payment of all sums secured by this Deed of Trust, Lender shall request Trustee to reconvey [lie Property and shall surrender this Deed of Trust and all notes evidencing Indebtedness secured by this Deed of Trust to Trustee. Trustee shall reconvey the Properly, without warranty and without charge to [he person or persons legally entitled thereto. Truslor shall pay all costs of recordation, if any. (11) Personal Property; Security Agreement. As additional security for the payment of the Note, Truslor hereby grants Lender under [lie Nebraska Uniform Commercial Code a security interest in all fixtures, equipment, and other personal property used in connection with the real estate or improvements located thereon, and not otherwise declated'or deemed to be a part of Ilia real estate secured hereby. This instrurnenl shall be construed as a Security Agreement under said Code, and [lie Lender shall have all the rights and remedies of a secured party under said Code in addition to the rights and remedies created under and accorded the Lender pursuant to this Deed of Trust; provided that Lender's rights and remedies under this paragraph shall be cumulative with, and in no way a limitalion on, Lender's rights and remedies under any other security agreement signed by Borrower or Truslor. (t) Liens and Encumbrances. Truslor hereby warrants and represents that (here is no default under the provisions of any mortgage, deed of (rust, lease or purchase contract describing all or any part of the Property, or other contract, instrument or agreement constituting a lien or encumbrance against all or any part of [lie Property (collectively, "Liens "), existing as of [lie date of this Debd-of Trust, and that any and all existing Liens remain unmodified except as disclosed to Lender in Trustor's writ- ten disclosure of liens and encumbrances provided for herein. Truslor shall timely perform all of Truslor's obligations, covenants, representations and warranties under any and all existing and future Liens, shall promptly forward to Lender copies Of all notices of default sent in connection with any and all existing or future Liens, and shall not without Lender's prior written consent in any manner modify (lie provisions of or allow any Future advances under any existing or future liens. 0) Application of Payments. Unless otherwise required by law, sums paid to Lender hereunder, including without limitation payments of principal and interest, insurance proceeds, condemnation proceeds and rents and profits, shall be applied by Lender to [Ile amounts due and owing from Truslor and Borrower in such order as Lender in its sole discretion deems desir- able. (k) Severability. If any provision of this Deed of Trust conflicts with applicable law or is declared Invalid or otherwise unen- forceable, sr.rch conflict or invalidity shall not affect (he other provisions of [his Deed of Trust or the Note which can be given effect without the conflicting provision,and to this end the provisions of (his Deed of Trust and the Nole are declared to be sev- erable. (1) Terms. The terms "Truslor" and "Borrower" shall include both singular and plural, and when Ilse Trustor and Borrower are the same person(s), those terms as used in this Deed of Trust shall be interchangeable. (m) Governing Law. This Deed of Trust shall be governed by [Ile laws of (lie Slate of Nebraska. rr Truslor has executed this Deed of Trust as of the dale'wrillen above. ck A. McConnell Trustor Patricia A. McConnell Trt.rstor Truslor Trustor