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99 112035
<br /> successively.
<br /> �s. Trustee. The Trustee may resign at any time without cause, and Lender may 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 costs, 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 power
<br /> 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 whole, or in
<br /> separate parcels or lots at Trustee's discretion.
<br /> ia. Fees and Expenses. In the event Trustee sells the Property by exercise of power of sale, Trustee shall be entitled to apply
<br /> 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
<br /> Trustee's attorney's fees, actually incurred to extent permitted by applicable law. In the event Borrower or Trustor exercises any right
<br /> 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
<br /> result of Trustor's default, including without limitation all Trustee's and attorney's fees, to the extent permitted by applicable law.
<br /> 15. Future Advances. Upon request of Borrower, Lender may, at its option, make additional and future advances and readvances
<br /> to Borrower. Such advances and readvances, with interest thereon, shall be secured by this Deed of Trust. At no time shall the principal
<br /> amount of the indebtedness secured by this Deed of Trust, not including sums advanced to protect the security of this Deed of Trust,
<br /> exceed the original principal amount stated herein, or $90,000.00, 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 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 original
<br /> Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse
<br /> to extend time for payment cr otherwise modify amortization of the sums secured by this �eed of Trust by reason of any demands made
<br /> 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, and
<br /> 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
<br /> the full amount of all unpaid obligations, Lender may, from time to time and without notice (i) release any person so liable, (ii) extend the
<br /> maturity or alter any of the terms of any such obligations, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released
<br /> or reconveyed at any time at Lender's option any parcel, portion or all of the Property, (v) take or release any other or additional security
<br /> for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in 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 insurance
<br /> 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 of the
<br /> 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 bind,
<br /> and the rights hereunder shall inure to, the respective successors and assigns of Lender and Trustor. All covenants and agreements of
<br /> Trustor shall be joint and several. The captions and headings of the paragraphs of this Deed of Trust are for convenience only and are
<br /> 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 required under applicable law to be given in another manner, any notice provided for in this Deed of Trust
<br /> shall be given by mailing such notice by certified mail addressed to the other parties, at the address set forth above. Any notice provided
<br /> for in this Deed of Trust shall be effective upon mailing in the manner designated herein. If Trustor is more than one person, notice sent
<br /> 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 Lender
<br /> shall give Trust or notice prior to any such inspection specifying reasonable cause there for related to Lender's interest in the Property.
<br /> (g) Reconveyance. 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 costs
<br /> of recordation, if any.
<br /> (h) Personal Property; Security Agreement. As additional security for the payment of the Note, Trustor hereby grants Lender under the
<br /> Nebraska Uniform Commercial Code a security interest in all fixtures, equipment, and other personal property used in connection with the
<br /> real estate or improvements located thereon, and not otherwise declared or deemed to be a part of the real estate secured hereby. This
<br /> instrument shall be construed as a Security Agreement under said Code, and the Lender shall have all the rights and remedies of a
<br /> secured party under said Code in addition to the rights and remedies created under and accorded the Lender pursuant to this Deed of
<br /> Trust; provided that Lender's rights and remedies under this paragraph shall be cumulative with, and in no way a limitation on, Lender's
<br /> 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 constituting
<br /> a lien or encumbrance against all or any part of the Property (collectively, "Liens"), existing as of the date of this Deed of Trust, and that
<br /> any and all existing Liens remain unmodified except as disclosed to Lender in Trustor's written disclosure of liens and encumbrances
<br /> provided for herein. Trustor shall timely perform all of Trustor's obligations, covenants, representations and warranties under any and all
<br /> existing and future Liens, shall promptly forward to Lender copies of all notices of default sent in connection with any and all existing or
<br /> future Liens, and shall not without Lender's prior written consent in any manner modify the provisions of or allow any future advances
<br /> under any existing or future Liens.
<br /> Q) Application of Payments. Unless otherwise required by law, sums paid to Lender hereunder, including without limitation payments of
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