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200201924 <br />13. 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 net be liable to any party, including without limitation Lender, Borrower, Truster or any <br />purchaser of the Property, for any lass 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 />14. 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 Tmstor exercises any right <br />provided by law to cure an Event of Default, Lender shall be entitled to recover from Truster all costs and expenses actually incurred as a <br />result of Trustees 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 $128,000.00, whichever is greater. <br />15. 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 Borrowers successors in interest. Lender shall not be required to commence proceedings against such successor or refuse <br />to extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demands made <br />by the original Borrower and Borrower's successors in !merest. <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 if release any person so liable, (h) extend the <br />maturity or alter any of the terms of any such obligations, (III) grant other Indulgences, (rv) 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 Truster. All covenants and agreements of <br />Truster 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 certBied mail addressed to the other parties, at the address set forth above. Any notice provided <br />for in this Dead of Trust shall be effective upon mailing in the manner designated herein. If Truster 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 tortured by this Dead of Trust. Lender shall request Trustee to reconvey the Property <br />and shall surrender this Dead 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. Truster shall pay all costs <br />of recordation, if any. <br />(h) Personal Property; Security Agreement. As additional security for the payment of the Note, Truster 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 Cade 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 Truster. <br />O Liens and Encumbrances. Truster 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, "Llens'), existing as of the date of this David 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. Tmslor shall timely perform all of Trustees 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 ativances <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 <br />principal and interest, insurance proceeds, condemnation proceeds and rents and profits, shall be applied by Lender to the amounts due <br />