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� � 99 107995
<br /> � cure an Event of Default, 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 /> �5. Future Advances. Upon request of Borrower, Lender may, at its option, make additional and future advances and readvances to
<br /> Borrower. Such advances and readvances, with interest thereon, shall be secured by this Deed of Trust. At no time shall the principal amount
<br /> of the indebtedness secured by this Deed of Trust, not including sums advanced to protect the security of this Deed of Trust, exceed the
<br /> original principal amount stated herein, or $ , whichever is greater.
<br /> is. Miscellaneous Provisions.
<br /> (a) Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured by this
<br /> Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the
<br /> original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor
<br /> or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any
<br /> demands made by the original 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 any obligation herein
<br /> mentioned, and without affecting the lien or charge of this Deed of Trust upon any portion of the Property not then or theretofore
<br /> released as security for the full amount of all unpaid obligations, Lender may, from time to time and without notice (i) release any person
<br /> so liable, (ii) extend the maturity or alter any of the terms of any such obligations, (iii) grant other indulgences, (iv) release or reconvey,
<br /> or cause to be released or reconveyed at any time at Lender's option any parcel, portion or all of the Property, (v) take or release any
<br /> other or additional security or reconveyed at any time at Lender's option any parcel, portion or all of the Property, (vi) take or release
<br /> any other or additional security for any obligation herein mentioned, or (vii) make compositions or other arrangements with debtors in
<br /> relation thereto.
<br /> �c� Forbearance by Lender Not 8 W81Vel'. Any forbearance by Lender in exercising any right or remedy hereunder, or
<br /> otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. The procurement of
<br /> insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity
<br /> of the indebtedness secured by this Deed of Trust.
<br /> �d� Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements
<br /> herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Trustor. All
<br /> covenants and agreements of Trustor shall be joint and several. The captions and headings of the paragraphs of this Deed of Trust are
<br /> for convenience only and are not to be used to interpret or define the provisions hereof.
<br /> (e) Request for Notices. Tne part�es hereby request that a copy of any notice of default hereunder and a copy of any notice
<br /> 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
<br /> law. Except for any other notice required under applicable law to be given in another manner, any notice provided for in this Deed of
<br /> Trust shall be given by mailing such notice by certified mail addressed to the other parties, at the address set forth above. Any notice
<br /> provided for in this Deed of Trust shall be effective upon mailing in the manner designated herein. If Trustor is more than one person,
<br /> notice sent to the address set forth above shall be notice to all such persons.
<br /> �r� Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that
<br /> Lender shall give Trustor notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the
<br /> Property.
<br /> �9� Reconveyance. Upon payment of all sums secured by this Deed of Trust, Lender shall request Trustee to reconvey the
<br /> Property and shall surrender this Deed of Trust and all notes evidencing indebtedness secured by this Deed of Trust to Trustee. Trustee
<br /> shall reconvey the Property without warranty and without charge to the person or persons legally entitled thereto. Trustor shall pay all
<br /> costs of recordation, if any.
<br /> �n� Personal Property; Security Agreement. As additional security for the payment of the Note, Trustor hereby grants Lender
<br /> under the Nebraska Uniform Commercial Code a security interest in all fixtures, equipment, and other personal property used in
<br /> connection with the real estate or improvements located thereon, and not otherwise declared or deemed to be a part of the real estate
<br /> secured hereby. This instrument shall be construed as a Security Agreement under said Code, and the Lender shall have all the rights
<br /> and remedies of a secured party under said Code in addition to the rights and remedies under this paragraph shall be cumulative with,
<br /> and in no way a limitation on, Lender's rights and remedies under any other security agreement signed by Borrower or Trustor.
<br /> (�) Liens and Encumbrances. Trustor hereby warrants and represents that there is no default under the provisions of any
<br /> mortgage, deed of trust, lease or purchase contract describing all or any part of the Property, or other contract, instrument or agreement
<br /> constituting a lien or encumbrance against all or any part of the Property (collectively, "Liens"), existing as of the date of this Deed of
<br /> Trust, and that any and all existing Liens remain unmodified except as disclosed to Lender in Trustor's written disclosure of liens and
<br /> encumbrances provided for herein. Trustor shall timely perform all of Trustor's obligations, covenants, representations and warranties
<br /> under any and all existing and future Liens, shall promptly forward to Lender copies of all notices of default sent in connection with any
<br /> and all existing or future Liens, and shall not without Lender's prior written consent in any manner modify the provisions of or allow any
<br /> future advances under any existing or future Liens.
<br /> �� Application of Payments. Unless otherwise required by law, sums paid to Lender hereunder, including without limitation
<br /> payments of principal and interest, insurance proceeds, condemnation proceeds and rents and profits, shall be applied by Lender to the
<br /> amounts due and owing from Trustor and Borrower in such order as Lender in its sole discretion deems desirable.
<br /> (k) Severability. If any provision of this Deed of Trust conflicts with applicable law or is declared invalid or otherwise
<br /> unenforceable, such conflict or invalidity shall not affect the other provisions of this Deed of Trust or the Note which can be given effect
<br /> without the conflicting provision, and to this end the provisions of this Deed of Trust and the Note are declared to be severable.
<br /> �q Terms. The terms "Trustor" and "Borrower" shall include both singular and plural, and when the Trustor and Borrower are the
<br /> same person(s), those terms as used in this Deed of Trust shall be interchangeable.
<br /> �m� Governing Law. This Deed of Trust shall be governed by the laws of the State of Nebraska.
<br /> Trustor has executed this Deed of Trust as of the date written above.
<br /> V
<br /> T`°S`°` r��st ames C. K h hoff, Sr
<br /> �
<br /> Trustor
<br /> T��Sto� y A a
<br /> F13118.LM(3 (12/9B) Page 3 of 4
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