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os-15-1999 DEED OF TRUST 99� 1(��13� Page 5 �oan No 764177 (Continued) . ` � Request For Notice. Trustor,on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default and a copy of any Notice of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first paragraph of this Deed of Trust. Attorneys'Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and on any appeal. Whether or not any court action is involved,all reasonable expenses incurred by Lender which in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of expenditure until repaid. Expenses covered by this paragraph include,without limitation, however subject to any limits under applicable law, Lender's attorneys' fees whether or not there is a lawsuit, including attorneys' fees for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals and any anticipated post—judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law. Trustor also will pay any court costs,in addition to all other sums provided by law. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: Applicable Law. This Deed of Trust has been delivered to Lender and accepted by Lender in the State of Nebraska. This Deed of Trust shall be governed by and construed in accordance with the laws of the State of Nebraska. Time Is of the Essence. Time is of the essence in the performance of this Deed of Trust. Waivers and Consents. Lender shall not be deemed to have waived any rights under this Deed of Trust (or under the Related Documents) unless such waiver is in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by any party of a provision of this Deed of Trust shall not constitute a waiver of or prejudice the party's right otherwise to demand strict compliance with that provision or any other provision. No prior waiver by Lender, nor any course of dealing between Len�er and Trustor, shall constitute a waiver of any of �ender's rights or any of Trustor's obligations as to any future transactions. Whenever consent by Lender is required in this Deed of Trust, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required. Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of Nebraska as to all Indebtedness secured by this Deed of Trust. EACH TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST,AND EACH TRUSTOR AGREES TO ITS TERMS. TRUSTOR: LITTLE B'S CORP ; , ,. ; By: :: : . GRE resident CORPORATE ACKNOWLEDGMENT STATE OF �� ) � I )SS COUNTY OF �yd�� ) On this �5 day of , 19�,before me,the undersigned Notary Public,personally appeared GREG BAXTER, President of LITTLE B'S CORP., NEBRASKA CORPORATION,and known to me to be an authorized agent of the corporation that executed the Deed of Trust and acknowledge he Deed of Trust to be the free and voluntary act and deed of the corporation, by authority of its Bylaws or by resolution of its board of director for the uses and purposes therein mentioned,and on oath stated that he or she is authorized to execute this Deed of Trust and in fact executed the Deed of Trust on behalf of the corporation. �� BY H OENERAI.NOTARY-St�Ot Nebr�lca Notary Public in d f r the State of � MARQE OCIqNC�A Reslding at �/Mt�ri.l1L, ,p�2t�uQ. �''�- M�r Comm.Exp.Oct 10.2002 My commission expires �� — /f) � �r� a a