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~. 201004639 (9) Trustor hereby requests a copy of any Notice of Default or Notice of Sale hereunder to be mailed to him at the address set forth herein by certified mail. (10) Upon default, Beneficiary, either in person or by agent, with or without regard to the value of the property ar the sufficiency thereof to discharge the indebtedness secured hereby, is authorized and entitled to enter upon and take possession of the. Trust Estate in its own name or in the name of the Trustee and do any acts ar expend any sums it deems necessary or desirable to protect or preserve the value of the Trust Estate or any interest therein, or increase the income therefrom; and with or without taking possession of the Trust Estate is authorized to sue for or otherwise collect the rents, issues, crops, profits, and income thereof, including those past due and unpaid, and apply the same upon any indebtedness secured hereby or in any agreement between the parties or the loan agreement. No remedy herein conferred upon ar reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative, shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute, and may be exercised concurrently, independently or successively. (11) Trustor acknowledges that the duties and obligations of Trustee shall be determined solely by the express provisions of this Trust Deed or the Nebraska Trust Deeds Act and Trustee shall .not be liable except for the performance of such duties and obligation as are specifically set forth therein, and no implied covenants or obligations shall be i.rnposed upon Trustee; Trustee shall not be liable for any action taken by him in good faith and reasonably believed by him to be authorized or within the discretion or rights or powers conferred upon him by this Deed of Trust or state law. (12) Assignment of Rents. Trustor hereby transfers, sets over and conveys to Beneficiary all rents and profits that may from time to time become due and payable under any real estate lease covering the above Trust Estate or any part thereof. All such sums so received by Beneficiary shall be applied to the indebtedness secured hereby; or said Beneficiary may, at its option, turn over and deliver to the Trustor or his successors in interest, any or all of such sums without prejudice to any of Beneficiary's rights to take and retain future sums, and without prejudice to any of its other rights under this Trust Deed. The transfer and conveyance hereunder to Beneficiary of said rents shall be construed to be a provision far the payment or reduction of the debt, subject to the Beneficiary's option as hereinbefore provided, independent of the lien on said Trust Estate. Upon payment in full of the debt and the reconveyance of this Trust Deed of reco~, this conveyance shall become inoperative and of no further farce and effect. (13) Miscellaneous. The covenants contained in this Trust Deed shall be deemed to be severable; in the event that any portion of this Trust Deed is determined to be void or unenforceable, that determination shall not affect the validity of the remaining portions of the Trust Deed. The lien of this Trust Deed shall not merge with the judgment held by Beneficiary against Trustor, nor shall the lien of such judgement merge with this Trust Deed. The promissory note that is secured by this Trust Deed shall not merge with any such judgment nor shall such judgement merge with the promissory note. The lien of any security agreement given to secure the note shall not merge with the lien of any such judgment, nor shall any such judgment merge with a security agreement given to secure the promissory note. The parties agree that the doctrine of merger is not applicable to this deed of trust, the promissory note, any security given to secure the promissory note, or said judgment. ~~ Y chard L Siemers, Trustor