200210524
<br />successively.
<br />13. Trustee. The Trustee may resign at any time without cause, and Lander 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 auction, 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 Trust" 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 expanses 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, shell 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 $144,000.00, 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 Lander to any successor in interest of Borrower shall not operate to release, 'n 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 Bonower and Borrower's successors in interest.
<br />(b) Lenders Powers. Without affecting the liability of any other person labs 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, (ii) extend the
<br />maturity or alter any of the terms of any such obligations, (III) grant other indulgences, (N) 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 fvi) make ccmposltions 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 Severel 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 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 aw.
<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 certitatl 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 />(t) 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 Dead 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 fortunes, 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 Lenders 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 />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 (colactNely, "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 Truslors 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 />g) Application of Payments. Unless otherwise required by law, sums paid to Lander hereunder, including without limitation payments of
<br />
|