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2002144 §0
<br />(e) Commence an action to foreclose this Deed off rust as a mortgage, appom a receiver, or specifically enforce
<br />any of the covenants hereof.
<br />No remedy herein conferred upon or reserved to Trustee or Lender is intended to be exclusive of any other remedy herein, in the Loan
<br />Instruments or by law provided or permitted, but each shall be cumulative, shall be in addition to every other remedy given hereunder,
<br />in the Loan lnsnunhetds or now or hereafter existing at law or in equity or by statute, and may be exercised concurrently, independently
<br />or successively.
<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 mb Mute Trustec. Trustee shall not be liable to any party, including without limitation Lender, Borrower, Tmstor 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 enforcement of this Deed ofTmst unless inderrmified, in writing, for all cost, compensation or expenses
<br />which may be associated therewith. In addition, Trustee may become a purchaser at any sale of the Property (judicial or tinder the
<br />power of sale granted herein); postpone the sale of all or any portion of the Property, as provided bylaw; or sell the Property as a
<br />whole, or in 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
<br />apply any sale proceeds first to payment of all costs and expenses of exercising power of sale, including all Trustee's fees, and
<br />Lender's and Trustee's attorney's fees, actually incurred to extent permitted by applicable law. In the event Borrower or Truster
<br />exercises any right provided by law to cure an Event of Default, Lender shall be entitled to recover from Truster all costs and expenses
<br />actually incurred as a result of Trustor's default, including without limitation all Trustee's and attorney's fees, to the extent permitted
<br />by applicable law.
<br />15. Future Adnmees. Upon request ofBieroweq Lender may, at its option, make additional and future advances and
<br />t'eadvanccs to Borrower. Such advances and readvances, with interest thereon, shall be secured by this Deed of Trust At no time shall
<br />the principal amount of the indebtedness secured by this Deed ofTmst, not including sums advanced to protect the security of this
<br />Deed of Trust, exceed the original principal amount stated herein, or s 39 r 561.00 _ whichever is greater.
<br />16. Miscellaneous Provisions.
<br />(a) Borrower Not Released. Extension of the time for payment or modification of amortization of the sures secured by this Deed of
<br />Trust granted by Lender to any successor in interest of Borrower shall not operate to release, in any matmer, the liability of the
<br />original Borrower and Boomwer's successors in interest Lender shall of 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 Provers. Without affecting the liability of any other person liable for the payment ofany obligation herein mentioned,
<br />and without affecting the lien or charge of this Deed ofTrust upon any portion of the Property not then or theretofore released as
<br />security for the full amount of all unpaid obligations, Lender may, front time to time and without vonce (i) release any person so liable,
<br />(ii) extend the maturity or alter any of the terms of any such obligations, Uit) grant other indulgences, (iv) release or reconvey, or cause
<br />to be released or reconveyed at anytime at Lender's option any parcel, portion or all of the Property, (v) take or release any other or
<br />additional security for any obligation herein mentioned, or (vi) snake compositions or other arrangements with debtors in relation
<br />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
<br />insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver or Lender's right to accelerate the maturity
<br />of the indebtedness succeed by this Deed of Trust.
<br />(d) Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein contained shall
<br />hind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Truster. All covenants and
<br />agreements ofTmstor shall be joint and several. The captions and headings of the paragraphs of this Deed of Trust are for
<br />convenience only and are 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 sent required under applicable law to be given in another manner, any notice provided for in this Deed of
<br />Trost shall be given by mailing such notice by certified mail addressed to the other parties, at the address set forth above. Any notice
<br />provided for in this Deed ofTmst shall be effective upon mailing in the manner designated herein. If Tmstor is more than one
<br />person, notice sent 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 Properly, provided that lender
<br />shall give 'Truster notice prior to any such inspection specifying reasonable cause therefor related N Lender's interest in the Property.
<br />(g) Reconveyance. Upon payment of all sunvs secured by this Deed of Trust, Lender shall request (ounce to reconvey the Property
<br />and shall surrender this Deed ofT rust and all notes evidencing indebtedness secured by this Deed ofT'mst 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 ofthe Note,'Li stor hereby grants Lender
<br />under the Nebraska Uniform ColMhemial Code a security interest in all futures, equipment, and other personal properly used in
<br />connection with the real estate of improvements located thereon, and not otherwise declared or deemed to be a part of the real estate
<br />secured hereby. This instrument shall be construed as a Security Agreement under said Code, and the Lender shall have all the rights
<br />and remedies of a secured party under said Code in addition to the rights and remedies created tinder and accorded the Lender
<br />pursuant to this Deed ofTmst provided that Lender's rights and remedies under this paragraph shall be cumulative with, and in no
<br />way a limitation on, Lender's rights and remedies under any other security agreement signed by Borrower or Truster.
<br />(i) Liens and Encumbrances. Tmstor hereby warrants and represents that there is no default tinder the provisions of any mortgagq
<br />decd of trust, lease orpurchase contract describing all or any part ofthe Property, or other contract, instrument or agreement
<br />constituting a lien or encumbrance against all or any part of the Property, (collectively, "Liens'), existing as of the date of this Deed of
<br />Trust, and that any and all existing Liens remain unmodified except as disclosed to Lender in Trnator'a written disclosure oflicas and
<br />encumbrances provided for herein. Truster shall timely perform all ofTrustor's obligations, covenants, representations and warranties
<br />under any and all existing or future Liens, shall promptly forward to Lender copies of all notices of default sent in connection with any
<br />and all exist ing or future Liens, and shell not without Lender's prior written consent in any manner modify the provisions of or allow
<br />any future advances under any existing or future liens.
<br />0) Application of Payments. Unless otherwise required by law, sums paid to Lender hereunder, including without limitation
<br />payments ofprincipal and interest, insurance proceeds, condemnation proceeds and rents and profits, shall be applied by Lender to the
<br />amounts due and owing from Truster and Borrower in such order as Lender in its sole discretion deems desirable.
<br />(k) Severability. lfany provision of this 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 this Deed of T'mst or the Note which can be given
<br />effect without the conflicting provision, and to this end the provisions of this Deed ofTrust and the Note are declared to be severable.
<br />(1) Terms. The tertns `°frushe" and `Borrower" shall include both singular and plural, and when the Truster and Borrower are the
<br />same person(s), those terms as used in this Deed ofTmstshall be interchangeable.
<br />(m) Governing Law. This Deed of Trust shall be governed by the laws of the State of Nebraska.
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