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<br /> <br /> <br /> <br /> 201000008 <br /> <br /> percent of partnership interests, or (if a limited liability company) a total of _ NA percent of the limited liability <br /> company interests or voting rights during the period this Deed of Trust remains a lien on the property. <br /> 12. Remedies; Acceleration Upon Default. In the event of any Event of Default Lender may, without <br /> notice except as required by law, declare all indebtedness secured hereby to be due and payable and the same shall <br /> thereupon become due and payable without any presentment, demand, protest or notice of any kind. Thereafter <br /> Lender may; <br /> (a) Demand that Trustee exercise the POWER OF SALE granted herein, and Trustee 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 the <br /> Nebraska Trust Deeds Act; (b) Exercise any and all right provided for in any of the Loan Instruments or by law <br /> upon occurrence in any Event of Default; and <br /> (c) Commence an action to foreclose this Deed of Trust as a mortgage, appoint 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 <br /> herein, in the Loan Instruments or by law provided or permitted, but each shall be cumulative, shall be in addition to <br /> every other remedy given hereunder, in the Loan Instruments or now or hereafter existing at law or in equity or by <br /> statute, and maybe 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 <br /> cause appoint a successor or substitute Trustee. Trustee shall not be liable to any party, including without limitation <br /> Lender, Borrower, Trustor or any purchaser of the Property, for any loss or damage unless due to reckless or willful <br /> misconduct, and shall not be required to take any action in connection with the enforcement of this Deed of Trust <br /> unless indemnified, in writing, for all cost, compensation or expenses which may be associated therewith. In <br /> addition, Trustee may become a purchaser at any sale of the Property (judicial or under the power of sale granted <br /> herein); postpone the sale of all or any portion of the Property, as provided by law; or sell the Property as a whole, or <br /> 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 <br /> be entitled to apply any sale proceeds first to payment of all costs and expenses of exercising power of sale, <br /> including all Trustee's fees, and Lender's and Trustee's attorney's fees, actually incurred to extent permitted by <br /> applicable law. In the event Borrower or Trustor exercises any right provided by law to cure an Event of Default, <br /> Lender shall be entitled to recover from Trustor all costs and expenses actually incurred as a result of Trustor's <br /> 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 <br /> advances and readvances to Borrower. Such advances and readvances, with interest thereon, shall be secured by this <br /> Deed of Trust. At no time shall the principal amount of the indebtedness secured by this Deed of Trust, not <br /> including sums advanced to protect the security of this Deed of Trust, exceed the original principal amount stated <br /> herein, or $ 15.,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 <br /> secured 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 be <br /> required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify <br /> amortization of the sums secured by this Deed of Trust by reason of any demands made by the original Borrower <br /> 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 <br /> herein mentioned, and without affecting the lien or charge of this Deed of Trust upon any portion of the Property not <br /> then or theretofore released as security for the full amount of all unpaid obligations, Lender may, from time to time <br /> and without notice (i) release any person so liable, (ii) extend the maturity or alter any of the terms of any such <br /> obligations, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time <br /> at Lender's option any parcel, portion or all of the Property, (v) take or release any other or additional security for <br /> 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 <br /> hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such <br /> right or remedy. The procurement of insurance or the payment of taxes or other liens or charges by Lender shall not <br /> be a waiver or Lender's right to accelerate the maturity of the indebtedness secured by this Deed of Trust. <br /> (d) Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements <br /> herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender <br /> and Trustor. All covenants and agreements of Tnutor shall be joint and several. The captions and headings of the <br /> paragraphs of this Deed of Trust are for convenience only and are not to be used to interpret or define the provisions <br /> 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 the <br /> manner prescribed by applicable law. Except for any other notice sent required under applicable law to be given in <br /> another manner, any notice provided for in this Deed of Trust shall be given by mailing such notice by certified mail <br /> addressed to the other parties, at the address set forth above. Any notice <br /> provided for in this Deed of Trust shall be effective upon mailing in the manner designated herein. If Trustor is <br /> more than 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 Trustor notice prior to any such inspection specifying reasonable cause therefor <br /> 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 by this <br /> Deed of Trust to Trustee. Trustee shall reconvey the Property, without warranty and without charge to the person or <br /> 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, and other <br /> personal property used in connection with the real estate or improvements located thereon, and not otherwise <br />