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201005675
<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; Atcceleration 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 OP SALE granted herein, and 'Trustee shall thereafter cause
<br />Truster'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 ar by law
<br />uppn occwrxence in any Event of Dc~ault; and
<br />(c) Commence au 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 ox reserved to Trustee or Lender is intended to be exclusive of any othex remedy
<br />hereixt, iu the Loan l:n~stxuments 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 ox now or hereafter existing at law vx inequity or by
<br />statute; and maybe exercised co:acuxrently, 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 appoixtt a successor ox substitute Trustee. Trustee shall not be liable to any party, including without limitation
<br />Lender, Borrower, Trusto:r or any purchaser of the Property, for any loss ar darrAage 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 maybe associatedtherewith- 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, ox
<br />in separate parcels or lots at Trustee's discretion.
<br />14. Fees and E~enses. In the event Trustee sells the Property by exercise of power of sale, Trustee shall
<br />be entitled to apply any sale proceeds fast 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 pexxnitted by
<br />applicable law. Sn the event Borrower or Trustor exercises any right provided by law tv 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, :act
<br />including sums advanced to protect the security of this Deed ~vf Trust, exceed the original principal amount stated
<br />herein, or $ Q , whichever is greater.
<br />16. Miscellaneous Provisions.
<br />(a) Borrower Not Released. Extension of the time for payment or modifiication of amortization of the sums
<br />secured by this Deed of Trust granted by Lendex to any successor an interest of Borrower shall rat 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 nr 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 Po~wers_ 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 fail 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 ox alter any of the terms of any such
<br />obligations, (iii) grant other indulgences, (iv) release or reconvey, yr cause tv 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 menttivned, or (vi) make compositions ax ather arrangements with, debtors in relation thereto.
<br />(c) Forbearance by Lender Nvt 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 yr 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 cvve:nants and agreements
<br />$exeiux contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender
<br />and Txustox. All covenants and agreements of Txustor shall be joint and several. The captions and headings of the
<br />paragraphs of this Deed of Trust are far 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 $f agy notiee of ~iefault~ereunder 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 ix- this Deed of Trust shall be given by mailing such notice by certified mail
<br />addressed tv 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 />moxe than one person, notice sent to the address set forth above shall be notice tv all such persoxis.
<br />(f) Inspection. Lender may make px cause to be made reasonable entries upon and iz~.spections of the Property,
<br />provided that Lender shall give Txustox notice prior to any such inspection specifying reasonable cause therefor
<br />related to Lender's interest in the Properly.
<br />(g) Reconveyance. Upon payment of all sums secured by this Deed of Trust, Lender shall request Trustee to
<br />xeconvey the Property and shall suxxe:ader this Deed of Trust and all notes evidencing indebtedness secured by this
<br />Deed of Trust tv Trustee. Trustee shall reconvey the Property, without warranty and without charge to the person or
<br />pexsans legally entitled thexeta. Txustor shall pay all costs of recordation, if any.
<br />(h) Personal Property; Security Agreement. As additional security for the payment of the Nate, Trustor hereby
<br />grants Lender under t}ae Nebraska Uniform Commercial Code a security interest in all fixtures, equipment, and other
<br />pexsomal property used in connection with the real estate or improvements located thereon, and not otherwise
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