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2oo9o5s~9 6.10 Release of Rights of Dower, Homestead and Distributive Share. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the Property and waives all rights of exemption as to any of the Property. 6.11 Copy. The Trustor hereby acknowledges the receipt of a copy of this Deed of Trust, together with a copy of each promissory note secured hereby, and all other documents executed by the Trustor in connection herewith. 6.1.2 Usury Savings Clause. Notwithstanding anything herein or in the Note to the contrary, no provision contained herein or in the Note which purports to obligate the Trustor to pay any amount of interest or any fees, costs or expenses which are in excess of the maximum permitted by applicable law, shall be effective to the extent that it calls for the payrr-ent of any interest or other sums in excess of such maximum. All agreements between the Trustor and the Beneficiary, whether now existing or hereafter arising and whether written or oral, are hereby limited so that in no contingency, whether by reason of demand for payment of or acceleration of the maturity of any of the indebtedness secured hereby or otherwise, shall the interest contracted for, charged or received by the Beneficiary exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, interest would otherwise be payable to the Beneficiary in excess of the maximum lawful amount, the interest payable to the Beneficiary shall be reduced to the maximum amount permitted under applicable law and if from any circumstance the Beneficiary shall ever receive anything of value deemed interest by applicable law in excess of the maximum lawful amount, an amount equal to any excessive interest shall at the Beneficiary's option, be refunded to the Trustor or be applied to the reduction of the principal balance of the indebtedness secured hereby and not to the payment of interest or, if such excessive interest exceeds the unpaid balance of principal indebtedness secured hereby, such excess shall be refunded to the Trustor. This paragraph shall control all agreements between the Trustor and the Beneficiary. 6.13 Nebraska Trust Deed. This Deed of Trust shall constitute a trust deed under the Nebraska Trust Deeds Act, Neb. Rev. Stat. §§ 76-1001 et seq., as amended and as may be amended from time to time. Trustor expressly subjects the Property to such Act, and the Trustee and Beneficiary shall be accorded all the rights, powers and remedies of a trustee and a beneficiary as provided therein. All rights, powers and remedies of the Nebraska Trust Deeds Act are hereby incorporated by reference as if the rights, powers and remedies were expressly provided herein, with Beneficiary as a "beneficiary," Trustor as a "trustor," Trustee as a "trustee," this Deed of Trust as a "trust deed" and that portion of the Property constituting real property as "trust property." TRUSTOR UNDERSTANDS THAT (A) THIS DEED OF TRUST IS A TRUST DEED AND NOT A MORTGAGE (UNLESS MORTGAGEE ELECTS TO FORECLOSE THIS DEED OF TRUST AS A MORTGAGE), AND (B) THE POWER OF SALE PROVIDED FOR IN THIS DEED OF TRUST PROVIDES SUBSTANTIALLY DIFFERENT RIGHTS AND OBLIGATIONS TO TRUSTOR THAN A MORTGAGE IN EVENT OF DEFAULT OR BREECH OF AN OBLIGATION. aiao~aas ~e ate, Page 12