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200512127
<br />(a) Demand that Trustee exercise the POWER OF SALE granted herein, and Tnistee shall thereafter cause
<br />Trustor's interest in the Property to be sold and the proceeds to be distributed, all in the manner provided in
<br />the Nebraska Trust Deeds Act;
<br />(b) Exercise any and all rights provided for in any of the Loan Instruments or by law upon occurrence of any
<br />Events of Default; and
<br />(c) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically
<br />enforce 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
<br />the Loan Instruments or by law provided or permitted, but each shall be cumulative, shall be in addition to every other
<br />remedy given hereunder, in the Loan Instruments or now or hereafter existing at law or in equity or by statute, and may be
<br />exercised concurrently, independently 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 substitute Trustee. Trustee shall not be liable to any party, including without limitation Lender, Borrower,
<br />Trustor, or any purchaser of the Property, for any loss or damage unless due to reckless or willful misconduct, and shall not
<br />be required to take any action in connection with the enforcement of this Deed of Trust unless indemnified, in writing, for
<br />all costs, compensation or expenses which may be associated therewith. In addition, Trustee may become a purchaser at
<br />any sale of the Property (Judicial or under the power of sale granted herein); postpone the sale of all or any portion of the
<br />Property, as provided by law; or sell the Property as a 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 apply
<br />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 the extent permitted by applicable law. In the event Borrower or
<br />Trustor exercises any right provided by law to cure an Event of Default, Lender shall be entitled to recover from Trustor all
<br />costs and expenses actually incurred as a result of Trustor's default, including without limitation all Trustee's and attorney's
<br />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
<br />readvances to Borrower. Such advances and readvances, with interest thereon, shall be secured by this Deed of Trust. At
<br />no time shall the principal amount of the indebtedness secured by this Deed of Trust, not including sums advanced to
<br />protect the security of this Deed of Trust, exceed the original principal amount stated herein or $164,000.00 whichever is
<br />greater.
<br />lb. Miscellaneous Provisions.
<br />(a) Borrower Not Released. Extension of time for payment or modification of amortization of the sums secured
<br />by this Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to release,
<br />in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not
<br />be required to commence proceedings against such successor or refuse to extend time for payment or
<br />otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demands made by
<br />the original Borrower and Borrower's successors in interest.
<br />(h) Lender's Powers. Without affecting the liability of any other person liable for the payment of any obligation
<br />herein mentioned, and without affecting the lien or charge of this Deed of Trust upon any portion of the
<br />Property not then or theretofore released as security for the full amount of all unpaid obligations, Lender
<br />may, from time to time and without notice (i) release any person so liable, (ii) extend the maturity or alter
<br />any of the terms of any such obligations, (iii) grant other indulgences, (iv) release or reconvey, or cause to
<br />be released or reconveyed at any time at Lender's option any parcel, portion or all of the Property, (v) take
<br />or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or
<br />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
<br />hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any
<br />such right or remedy. The procurement of insurance or the payment of taxes or other liens or charges by
<br />Lender shall not be a waiver of Lender's rights to accelerate the maturity of the indebtedness secured by this
<br />Deed of Trust.
<br />(d) Successors and Assigns Bound; Joint and Several Liabilities; Captions. The covenants and agreements
<br />herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of
<br />Lender. and Trustor. All covenants and agreements of Trustor shall be joint and several. The captions and
<br />headings of the paragraphs of this Deed of Trust are for convenience only and are not to be sued to interpret
<br />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
<br />any notice of sale hereunder be mailed to each party to this Deed of Trust at the address set forth above in
<br />the manner prescribed by applicable law. Except for any other notice required under applicable law to be
<br />given in another manner, any notice provided for in this Deed of Trust shall be given by mailing such notice
<br />by certified mail addressed to the other parties, at the address set forth above. Any notice provided for in
<br />this Deed of Trust shall be effective upon mailing in the manner designated herein. If Trustor is more than
<br />one person, notice sent 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,
<br />provided that Lender shall give Trust or notice prior to any such inspection specifying reasonable cause
<br />there fore related to Lender's interest in the Property.
<br />(g) Reconveyance. Upon payment of all sums secured by this Deed of Trust, Lender shall request Trustee to
<br />reconvey the Property and shall surrender this Deed of Trust and all notes evidencing indebtedness secured
<br />by this Deed of Trust to Trustee. Trustee shall reconvey the Property without warranty and without charge
<br />to the person or persons legally entitled thereto. Trustor shall pay all costs of recordation, if any.
<br />(h) Personal Property; Security Agreement. As additional security for the payment of the Note, Trustor hereby
<br />grants Lender under the Nebraska Uniform Commercial Code a. security interest in all fixtures, equipment,
<br />and other personal property used in connection with the real estate or improvements located thereon, and
<br />not otherwise declared to be a part of the real estate secured hereby. This instrument shall be construed as a.
<br />Security Agreement under said Code, and the Lender shall have all the rights and remedies of a secured G,6
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