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200303840 <br />(c) Continence an action to fe use this D"d of'Ihst as a unottgngq appoint .elver, or specifically cufmce <br />Sty of the covenants hereof. <br />No remedy herein conferred upon or reserved to Trustee or Lender is untended to be exclusive of any other remedy herein, in file I.oall <br />Instmntents or by law provided or permitted, lint each shall be cumulative, shall be in addition to every other remedy given hereunder, <br />in the Loan Inst unnsnis or unw of hereafter existing at law or ill egnity ar by statute, and may be exercised cour a tinly, independently <br />or Successively. <br />13. Trustee. The Trustee may resign at any time without cause, and Lender may at any lime and without cause appoint a <br />successor or substitute Trustee. Trustee strait nut be liable to any patty, ineludung without limitation Lender, Borrower, 'I rustor 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 lake any <br />action in connection with the enforcennent of this Deed of Trust unless indemnified, in wailing, for all coat, compensation or expenses <br />which maybe associated [herewith. In addition, Trustee may become a purchaser at miry sale of the Prnperty (judicial m under the <br />power of sale granted herein); postpone the sale of all or any pot for of the Property, as provided bylaw; or sell the Property as a <br />whole, or in separate parcels or lots at Tmslce's discretion. <br />14. Fees and Expenses. In the event Trustee sells (he Property by exercise of power of sale, Trustee .shall be corned to <br />apply any sale proceeds first in payrot ul of all costs and expenses of exercising power of sale, including alI I l stee's fees, Loud <br />Lender's and'I'rustee's attorney's fees, actually incurred to extent pelmllled by applicable law. In the event Borrower or TNstnr <br />exerc ises any right provided bylaw to care an Event of Default, under shall lie entitled to recover front Twstur all costs aunt expenses <br />actually incurred US a result of Trusfor's default, includiog without lintitation ail Toistee's and alfonncy'a fees, In 0 t extent permitted <br />by applicable law. <br />15. Pnlure Advances. Upon rcque51 of Bonuwey Lender rnay, at its up[ion, make additional and fituie advances and <br />readvances to Bormwe'. Such advances and readvances, with interest thereon, shall be secured by this Deed of Trust At no Lime shall <br />the principal amount of the indebtedness secured by this Deed of Tnlst, not including sours advanced in protect the security of this <br />Deed of Ttns(, exceed the m iginal principal amount stated herein, or $_ 15,000-00 , whichever is greater. <br />16 . Aliseellan anus Prnvishons. <br />(a) Burrower Not Released. Extension of i Ire little for payment nr modification of amortization of tie sums secured by [his Deed of <br />'Trust granted by Lender to any successor in inlcrexl of Borrower shall not operate to release, in any manner, the liability of file <br />original Borrower and Borrower's successors in interest. Lender shall not be required to commence 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 affnclingthe liability ofany other person liable far (lie payment ofany obligation herein nrentioncd, <br />and without affecting the lien or charge of (his Deed of Tusl upon any portion of the Property not then or Ilierar fore released as <br />security but the full amnuntbf all unpaid obligations, Lender may, fium time m time and without notice (i) release any person so liable, <br />(ii) extend the mah tHy m open any ofthe terms of any such obligations, (iii) gran( other indulgences, (iv) release or recd vey, or cause <br />to be released or reconveyed at any time at Lender's option any parcel, portion or all of lire property, (v) take or release any other or <br />additional security bur any obligutian herein mentioned, or (vi) make conhpusitions or other arrangements with debluns in relation <br />Ihnrelo. <br />(c) I o bearmice by Lender Not a Waiver. Any forbeSZnce by Lender in exercising any right or remedy hereunder, or otherwise <br />afforded by applicable law, shall not be a waiver ofur preclude the exercise ofany such right or remedy. The pmmuemcar of <br />fnsurauce ur the payment of taxes or other liens or charges by Lender shall not be a waiver at Lemler's right In accelerate the mentally <br />of the indebtedness secured by this Deed of Crest <br />(d) Successors and Assigns Bound; Joint and Several Liability; Captions. 'the covenants and ngreenhents herein eo nrained shall <br />bind, and lire rights hereunder shall inure to, the respective successors and assigns of Lender and Tmstor. All covenants Slid <br />agreements of T,uso n Shall be joint and several. 'File captions and headings of the paragraphs of this Deed cf Trret are For <br />convenience only and are not to be used to interpret or define the provisions hereof. <br />(e) Request for Notices. The parries hereby fequesl that a copy ofany notice of default hereunder and a copy ofany notice ofsale <br />hereunder be mailed to each par ly to this Deed of Trust at tire address set forth above in the m rneut proscribed by applicable law. <br />Except for any other notice sent eequteed under applicable law to be giver in another insurer, any notice provided for ill this Deed of <br />'I 'lust shall be given by mailing such notice by certified mail addressed to the other parties, at the address set fottlh above. Any notice <br />provided for in this Decd of TInSt shall be effective upon mailing in the manner designated herein. If Tmstor is more than one <br />persuu, notice Scat to [lie address set fulth Shove shall be notice to all such persons. <br />(f) Inspection Lender may make or cause m Pre made reasonable entries upon and Inspections oftbe Propetty, provided that I_eidet <br />shall give I nis lot notice prior to any such inspection specifying to cause therefor related to Lender's interest in [he Properly. <br />(g) Recmnveynnce. Upon payment ofaII some secured by this Deed of Trust, Lender shall request' I'mslee to reconvey the Property <br />and shall surrender this Deed of rust and all notes evidencing indebtedness secured by this Deed of Trust to Trustee. Tuhs(ee sball <br />reconvey the Property, without warranty and without chatge to the pet suit or put suits legally entitled thereto. 'llnstm Shud1 pay all roars <br />ofrecmdalior, if any. <br />(h) Personal Properly; Security Agreement. As additional security, for the payment oftlne Nate, Truster hereby grants Lender <br />under the Nebraska Uniform Commercial Code a security interest in all fixtures, equipment, and other personal property used in <br />etame htion with the real oslato or improvements located thereon, and nut otherwise declared or dcenied to be a part of the real estate <br />secured hereby. this instrument shall be construed as a Security Agreement under said Cade, and the Lender shall leave all the rights <br />slid neuledies of a secured party under said Code in addition to [lie tights and remedies cleared under and accorded the Lender <br />pursuant to this Deed of fresh, provided that Leudeds rights and remedies under (his paragraph shall be cumulative with, and in no <br />way a limitation on, Lender's rights and remedies order any other security agreement signed by Borrower or'trustee, <br />(i) Liens and Cncumbrmmes. Tmstor hereby warrants turd represents that there is no default under the provisions ofany mortgage, <br />deed of trust, lease or purchase contract describing all or ally part of the Property, or other contract, instrument or agreement <br />cumtihrting a lien or cncumbraucc against all or soy part of the Properly, (collectively, "Liens "), existing as of ltle date Or [his Deed of <br />Trust, and that any and all existing Liens lenient umnaditcd except as disclosed In Leader in TRIStal's whiten disclosure of liens and <br />encumbrances provider) for herein Tmstor shall timely pcdumn all of Tmsto''s obligati nn a, covenants, rcpmse talions and warmnlies <br />under any and all existing or future Liens, shall pronnplly forward to Lender copies cleft notices ofdefault sent in connection with any <br />and all existing or future Liens, end shall not without Lender's prior written consent or any manner modify the provisions of or allow <br />any future advances under any existing or future hens. <br />(I) Application of Paynncnls. Unless otherwise required by law, sons paid W tender hereunder, including without lintitation <br />Payments oflnincilod and interest, insurance proceeds, on ndenmalion I— oceeds and rents and profits, shall he applied by Lender to the <br />Slauuutr due unit owing from Trus(ar and Burrower in such order as Lender in its sole discretion deems dr irahle_ <br />(k) Severabilhly_ ifany provision ofthis 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 Iles Deed of'1'mst or the Note which call be given <br />effect without the conflicting provision, and to this cad Ilse provisions of this Deed of Trust and the Note are declared to be severable. <br />(1) 'fmmns. Pile balms "'Itustor" and "Borowee" shall include both singular and plural, and when the Thelon and Bonoerer oe [Imo <br />same pe,son(s), lhosc terns as need in (his Deed f Trust shall be intemhaugeable. <br />(m) Governing I,lov This Deed nfTmst sba116e governed by the laws of the SMte of Nehraska. <br />