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200111110 '111. Fees and Expenses. In the event Trustee sells [he Properly by exercise of power of sale, Trustee shall be entitled to apply any sale proceeds first 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 the event Borrower or Trustor exercises any right provided by law to cure an Event of Default, Lender shall be entitled to recover from Trustor all costs and expenses actually incurred as a result of Truslor's default, including without limitation all Trustee's and attorney's fees, to (lie extent permitted by applicable law. -15. Future Advances. Upon request of Borrower, Lender may, at its option, make additional and future advances and read- veil ces to Borrower. Such advances and readvances, with interest thereon, shall be secured by this Deed of Trust. At no time shall the principal amount of time indebtedness secured by [his Deed of Trust, not Including sums advanced to protect [lie security of this Deed of Trust, exceed [lie original principal amount staled herein, or :G 21, 740.00 whichever is greater. '16. Miscellaneous Provisions. (a) Borrower Not Released. Extension of Ilse time for payment or modificalion of amortization of the sums secured by this Deed of l "rust 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 or the sums secured by this Deed of Trust by reason of any demands made by [Ire original Borrower and Borrower's successors in interest. (b) Lender's Powers. Without affecting the liability; of any other person liable for the payment of any obligation herein men - lioned, and without affecting (lie lien or charge of this Deed of Trust upon any portion of [lie Properly not [lien or (heretofore released as security for lime full amount 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 the leans 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 (Ire Properly, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements Mill debtors in relation lherelo. (c) Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or oth- ervwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. The procurre- nment of insurance or [he payment of taxes or other liens or charges by Lender shall not be a waiver or Lender's right to acceler- ate the maturity of [lie indebtedness secured by this Deed of Trust (d) Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements hereincon- lained shall bind, and the rights hereunder shall Inure lo, the respective successors and assigns of Lender and Trustor. All covenants and agreements of Trustor shall be joint and several. The captions and headings of the 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. The parties hereby request that 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 [his Deed of Trust shall be given by mailing such notice by certified rnail addressed to (he oilier parties, at the address set forth above. Any notice provided for in (his Deed of Trust shall be effective upon mailing in the manner designated herein. If Trustor is more than one person, notice sent to the address set lorlh above shall be notice to all such persons. (r) Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Trustor notice prior to any such inspection specifying reasonable cause therefor related to Lender's inter- est in [he Properly. (g) Reconveyance. Upon payment of all sums secured by this Deed of Trust, Lender shall request Trustee to reconvey the Property and shall surrender this Deed of Trust and all notes evidencing indebtedness secured by (his Deed of Trust to Trustee. Trustee shall reconvey the Property, w[[hout warranty and without charge to the person or persons legally emitted thereto. Trustor shall pay all costs of recordation, if any. (h) Personal Property; Security Agreement. As additional security for [he payment of the Note, Trustor hereby grants Lender under the 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 (hereon, and not otherwise decl ifed or deemed to be a part of the real estate secured hereby. This instrument shall be construed as a Security Agreement under said Code, and the Lender shall have all the rights and remedies of a secured party under said Code in addition to the rights and rernedies created under and accorded the Lender pursuant to this Deed of Trust; provided tliat Lender's rights and remedies under this paragraph shall be cumulative with, and in no way a lirnitalion on, Lender's rights and remedies under any other security agreement signed by Borrower or Trustor. (i) Liens and Encumbrances. Trustor hereby warrants and represen(s Ihal (here is no default under the provisions of any mortgage, deed of (rust, lease or purchase contract describing all or any part of lime Property, or other contract, instrument or agreement constituting a lien or encumbrance against all or any part of Ilse Property (collectively, "Liens "), existing as of [lie date of this Deed-of Trust, and [fiat 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. Trustor shall timely perform all of Trllslor'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 lirnitalion payments of principal and interest, insurance proceeds, condemnal[on proceeds and rents and profits, shall be applied by Lender to (he amounts due and owing from Trustor 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, such conflict or invalidity shall not affect the other provisions of [his Deed of Trust or the Note which can be given effect. without [Ire conflicting provision,and to this end the provisions of this Deed of Trust and the Note are declared to be sev- erable. (1) Terms. The terms "Trustor" and "Borrower" shall Include both singular and plural, and when the Trustor and Borrower are the same person(s), (hose terms as used in this Deed of Trust shall be interchangeable. (m) Governing Law. This Deed of Trust shall be governed by the laws of the Slate of Nebraska. r r , Truslor has executed this Deed of Trust as of [Ire dale'wrillen above, �l Lonnie L. Linde ugel Trustor rends J Lindekugel Truslor Trustor Trustor