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200203956 <br />successor or substtute Trustee. Trustee shall not be liable to any party, including without limitation Lender, Borrower, Truster 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 Treat 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 ell or any portion of the Property, as provided by few; 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 sans the Property by exercise of power of sale, Trustee shall be entPoed 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 allomey's fees, actually incurred to extent Permitted by applicable law. In the event Borrower or Truster exercises any right <br />provitletl by law to cure an Event of Default, Lender shall be entitled to recover from Truster ail costs and expenses actually incurred as a <br />result of Trustors default, including without limitation all Trustee's and attorney's fees, to the extent permitted by applicable law. <br />16. 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 $172,000.00, 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 Dead of <br />Trust granted by Lender to any successor in interest of Borrower shell 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 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 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 (1) release any person so liable, (it) extend the <br />maturity or alter any of the terms of any such obligations, (iii) grant other induigences, (iv) release or reconvey, or cause to be released <br />or reconveyed at any time at Lenders 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 exanche 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 hum to, the respective successors and assigns of Lender and Truster. All covenants and agreements of <br />Truster shell 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 fur in this Deed of Trust <br />shall be given by mailing such notice by carinled mall addressed to the other parties, at the address set forth above. Any notice provided <br />for in this Deed of Treat 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 parsons. <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 Landers Interest In the Property. <br />(g) Reconveyance. Upon payment of all sums secured by this Deed of Trust, Lander 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 />reconvoy the Property without warranty and without charge to the person or persons legally entitled thereto. Trustor shall pay all costs <br />of recordation, M any. <br />(h) Personal Property; Security Agreement. As additional security for the payment of the Nate, Toddler 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 Truslor. <br />(i) Liens and Encumbrances. Truster hereby warrants and represents that there is no default under the provisions of any mortgage, <br />dead 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 (collectNaly, "Liens "), existing as of the date of this Dead of Trust, and that <br />any and all existing Liens remain unmodified except as disclosed to Lander in Trustor's written disclosure of Bans and encumbrances <br />provided for herein. Truslor shall Ishii perform all of Trustors 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 />(j) 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 />and owing from Truster and Borrower In such order as Lender In its sole discretion deems desirable. � y <br />h �F <br />