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. o 200200435 le) It Trustor Is not an Individual. Me lsauence,"le, transfer, assignment conveyance or encumbrance of more Man a total of percent of (u a corponeon) its issued and outstanding Nock or (if • partnership) a total at percent of parboxhip Interests during me period Mis Deed of Trust remains • lien on Me Property. 12. Remedies; Acceleration Upon Default. In Me Vent of any Event of Default Lender may, without notice except as required by taw, declaro all indebtedneu secured hereby to be tlua and payable and the Same shall thereupon become tlua and payable without any presentment, demand. proles( or nonce of any kind. Thereafter Lender may: (s) Demand that Trust ee "emise Me POWER OF SALE grafted herein, and Trustee shall thereafter cause Truslo's inlerest In the Property to be sold and the proceeds to be distributed, all In the manner provided in the Nebraska Trust Dead, Act (b) Exercise any and all right, provided for In any of the Loan Instruments ar by law upon occurrence of any Event of Default and (c) Commence an action w foreclose MIS Deed of Trust s a mortgage, appoint a rwelver, or peclfiully enforce any of Me cmumant, hereof. No remedy herein conferred upon or reserved to Trust., or Lender Is Intended to be exclusive of any other remedy herein, In Me Loan Instrument, or by law provided or permitted, but each shall be cumulative, shall be In addition to every other remedy given hereunder, in the Loan Instruments or now or hereafter oxlsling Olaw or In equity or by ateWw, and may be exercised concurrently, Independently or successively. 13. Trustee. The Trustee may resign at any Mme without cay", and Lender may at any Lima and wtthcul cause appoint a successor or substitute Trustae. Trustee shall of be liable to any party, Including without limitation Lender, Borrower, Trustor or any purchaser Of the Property. for any loss or damage unless due to reckless or wllllul misconduct and shall not b, required to take any action In connection with the enforcement of this Dead of Trust unless Indemnified. In .,lung. for all Coat, compensation or expenses which may be associated therewith. In addition, Trustee may become a purchaser at any sale of Me Property Muf icieI or under the power of sate granted herein); postpone Me sale of all m any portion of the Property, a provided by law; Or Mall Me Property as a whole, or In ""tale parcel, or to% at Trustee's dleca cn. N. Fee, and Expenses. In the even( Trustee sells Me Property by exercise of power 01 ale. Trustee shall be entitled to apply any ale proceed. lint To payment 01 111 costs and expense, of exercising power of sale, Including all Trust"', fat and Lender's and Trustee's worney's Iwo, actually Incurred to extent permited by applicable law. In the event Borrower or Trustor exerciauny right provided by law to cure an Event of Default Lender shall be entitled to feature( from Trustor all costa and expenses actually Incurred as a result of TruNOr's default including without limitation NI Trustee's and anomay's Iwo, to Me extent permMed by applicable taw. 15. Future Advances. Upon request of Borrower, Lender may, at Its option, make additional and future advances and IS. advances Io Borrower. Such advances end faadvances. wlln InWesl Merson, shall be secured by this Dead of TM.L At no tlme Shall me principal amount of IN Indebtedness ecured by ]his Dead of Truel. net ts 1tun sex91ss,,advanced to protect Me Security of MIS Dead of Trust exceed Me original principal amount stated herein, or S 71 �. whichever Is greater. 16 Miscellaneous Provisions. (a) Borrower Net Released. Extension of the time lot payment or modification of smordubon Of me sums "cured by MIS Deed of Trust granted by Lender to any successor in interest of Borrower Mall not operate to else,,, In any manner, Me liability of me original Borrower antl Borrower uccessors in interest. Lantler shall not be required m commence Proceeding, against such successor or refuse t0 extend lime for payment or otherwise modify amortization of me sums "cured by this Dead Of Trust by reason of any demands made by Me original Borrower and Borrowers succesw@ In Inlareal. (b) Landau's Powers. Without affecting Me liability 01 any other parson liable for the payment of any obligation herein mentioned, and without aMacting the Ilan or charge of this Deed of Trust upon any portion of Me Property not Men or (heretolore released a Security lot Me full amount of all unpaid obligations. Lender may, from lima w ume and without notice (q release any Person so liable, (it) extend Me maturity or altar any of the terms of any such obligations, (III) grant other Indulgences, Iiv) relesee or rwonvey, or cause to be released or reconveyed at any time at Lender's option any parcel, portion or all of me Property, (v) take or release any other or additional "Curtly for any obligation herein mentioned. or Ivi) make compositions or oMer arrangements with debton In rotation Meralo. (c) Forbearance by Lando Not a Waiver. Any forbearance by Lender In exercising any right or remedy hereunder, or otherwise Snouted by applicable lean, shall n0t G a waiver of or preclude Me exercise of any such right of remedy. The procurement of Insurance or the payment of boxes or other Mw or charges by Lender shall not "a waiver of Lender's right to accelerate Me maturity of the Indebtedness "cured by this Deed of Trent (dl Succaswrs and Assigns Bound; Joint and Several Liability; Csptkrte. The covenants and sgreemenb heroin con- tained shall bind, and the rights hereunder shall Inure to, the respective successors and assigns of Lender and Trusmr. All covensnb and agreements of Trustor shall W joint and several. Th. capdans and headings of me paragraphs of Mis Dead of Trust are lot convenience only and are net to be used to Inlarpral or define Me provisions hereof. (a) Request leaf stalk". The parties herebyrequ st Met a copy of notice of default hereunder and. copy of any notice of Asia hereunder lea malled to each party to Mt, Dead of Trust at Me address sal forth above In me manner prescribed by applicable low. Except lot any other halts required under applicable law to be given in another manner, any nobce provided for In Mis Dead .(Trust shall be given by mailing such notice by cerWted mail addressed to Me other parties, at Me address "I form above. Any notice provided for In MIS Dead of Trust shall be eftwtive upon mailing In Me manner designated herein. H Trustor Is more Man one parson, nogce sent W Me address u1 loft above shall be notice b all such person,. (I) Inspection. Lender may make or cause to be mods reasonable envies upon and Inspections of Me Property, provided Mal Lender Shell give T@akr notice prior to any such Inspection specifying reasonable cause therefor related b Landers Interest in The Property. (g) R conveyance Upon payment of all sums ecur" by MIS Deed of Trust Lender Shelf request Truslea la reconvert, Me Property and shall surrender MIS Deed of Trust and all notes evidencing Indebtedness secured by this Dead of Trust to Trustee. Luetes shell reconvery Me Properly wlMOUI warranty and without charge b Me person or persons legally enbtiw thereto. Trustor shell pay all costs of recordation, 11 any. M) Per"nal Property; Besudly Agreement. As additional Security for Me- psment of the Now, Trustor hereby gents Lender under Me Nebraska Uniform Commerical Code a "curtly interest In all IlNUres. "Moment, and other Personal property used in connection with Me real estate or Improvements located thereon. and not otherwise declared or doomed to W a pan of Me real uvula Secured hereby. This Instrument shell be construed as a Security Agreement under esld Code, and Me Lender Shall have all Me rights and @media* of a secured party under sold Code in addition to the rights and remedies created under and accorded Me Lender pursuant w MIS Dead Of Trost provided Met tender', rights and remedies under MIS paragraph shall be cumulative with, and In no way a Ilmltetion on. tondo's rights and remedies under any other Security agreement signed by Borrower or Trustor. fit Leona and En"mbar . Trustor hereby warren and represents tent there Is no del"ti under the provisions of any mortgage, deed of bust 1"" Or purchase contract describing all or any pan of Me Property, or other contract Instrument or agreement constituting a Iten or encumbrance against all or any pert of Me Property (collectively, "Lens'), as iebng as of Ms stale of Mis Dead of Trust and that any and all existing Liens remain unmodified except as disclosed to Under in Trustors written dlulasurs of lions and encumbrances provided for herein. Trusor shall timely perform all of Tustin a obligations, covenants. reprasentstionsand rearranties under any and all existing and future Liens. shall promptly forward Is Lender copies of all nodose of default Sent In connection with any and all existing or velure Uen,, and shell not wkh0ul Lender prior written consent in any manner modify Me provisions of or allow any h terra advances under any existing Or WWre LJens. U) Apiskslon al essential Unless consrwl" reoubed by law, sums "Id to Lender hereunder, including wimoul Hartmann psymenta at principal and Interest Insurance proceeds, condemnation proceeds and rent, and Francs, shell be applied by Under 10 Me amounts tlua and owing tom Truster and Borrower In such order as tender In It, Sala discretion steams "suable. (k) Nversbtifty. it any provision of Mt, De" of Trust conflicts Won applicable law or is declared Invalid ar otherwise unenforceable, such conflict or Invalidity Nall not effect Me other Plainsong of Mt, Dew of Trust or Me Note which can M given effect without the contacting provision, and b MIS and aw provisions Of Mt, Dead of Trost and Me Now are declared to be Severable .