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200404'727
<br />(c) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce
<br />any of the covenants hereof.
<br />No remedy herein conferred upon or reserved to Trustee or Lender is intended to be exclusive of any other ftmedy herein, in the Loan
<br />Instruments or by law provided or permitted, but each shall be cumulative, shall be in addition to every other remedy given hereunder,
<br />in the Loan Instruments or now or hereafter existing at law or in equity or by statute, and may be exercised concurrently,
<br />independently or successively.
<br />13. Trustee. The Trustee may resign at any time without cause, and Lender imay at any time and without cause appoint a
<br />successor or substitute Trustee. Trustee shall not be liable to any party, including without limitation Lender, Borrower, Trustor or any
<br />purchaser of the Property, for any loss or damage unless due to reckless or willful misconduct, and shall not be required to take any
<br />action in connection with the enforcement of this Deed of Trust unless indemnified, in writing, for all cost, compensation or expenses
<br />which may be associated therewith. In addition, Trustee may become a purchaser at any sale of the Property (judicial or under the
<br />power of sale granted herein); postpone the sale of all or any portion of the Property, as provided by law; or sell the Property as a
<br />whole, or in separate parcels or lots at Trustee's discretion.
<br />14. Fees and Expenses. In the event Trustee sells the Property by exercise of power of sale, Trustee shall be entitled to
<br />apply any sale proceeds first to payment of all costs and expenses of exercising power of sale, including all Trustee's fees, and
<br />Lender's and Trustee's attorney's fees, actually incurred to extent permitted by applicable law. In the event Borrower or Trustor
<br />exercises any right provided by law to cure an Event of Default, Lender shall be entitled to recover from Trustor all costs and expenses
<br />actually incurred as a result of Trustoe's default, including without limitation all Trustee's and attorney's fees, to the extent permitted
<br />by applicable law.
<br />15. Future Advances. Upon request of Borrower, Lender may, at its option, make additional and future advances and
<br />readvances to Borrower. Such advances and readvances, with interest thereon, shall be secured by this Deed of Trust. At no time
<br />shall the principal amount of the indebtedness secured by this Deed of Trust, not including sums advanced to protect the security of
<br />this Deed of Trust, exceed the original principal amount stated herein, or $ 40, 000.00 , whichever is greater.
<br />16. Miscellaneous Provisions.
<br />(a) Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured by this Deed of
<br />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 continence proceedings against such
<br />successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason
<br />of any 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 mentioned,
<br />and without affecting the lien or charge of this Deed of Trust upon any portion of the Property not then or theretofore released as
<br />security for the full amount of all unpaid obligations, Lender may, from time to time and without notice (i) release any person so
<br />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 for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in
<br />relation thereto.
<br />(c) Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise
<br />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 or 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 herein contained shall
<br />bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Trustor. All covenants and
<br />agreements of Trustor shall be joint and several. The captions and headings of the paragraphs of this Deed of Trust are for
<br />convenience only and are not to be used to interpret or define the provisions hereof.
<br />(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
<br />hereunder be mailed to each party to this Deed of Trust at the address set forth above in the manner prescribed by applicable law.
<br />Except for any other notice sent 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
<br />person, notice 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 of the Property, provided that
<br />Lender
<br />shall give Trustor notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the
<br />Property.
<br />(g) Reeonveyance. Upon payment of all sums secured by this Deed of Trust, Lender shall request Trustee to reconvey the Property
<br />and shall surrender this Deed of Trust and all notes evidencing indebtedness secured by this Deed of Trust to Trustee. Trustee shall
<br />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 />(h) Personal Property; Security Agreement. As additional security for the payment of the Note, Trustor hereby grants Lender
<br />under the Nebraska Unifornn Commercial Code a security interest in all fixtures, equipment, and other personal property used in
<br />conmection 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 created under and accorded the Lender
<br />pursuant to this Deed of Trust; provided that Lender's rights and remedies under this paragraph shall be cumulative with, and in no
<br />way a 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 under the provisions of any mortgage,
<br />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 Tiustor's obligations, covenants, representations and warranties
<br />under any and all existing or future Liens, shall promptly forward to Lender copies of all notices of default sent in connection with any
<br />and all existing or f iture Liens, and shall not without Lender's prior written consent in any manner modify the provisions of or allow
<br />any future advances under any existing or future liens.
<br />0) 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
<br />effect without the conflicting provision, and to this end the provisions of this Deed of Trust and the Note are declared to be severable.
<br />(1) 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.
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