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201104424 <br />14. Fees and Ex enses. In the event Trustee sells the Properly 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 attomey's fees actually incurred to the extent permitted by <br />applicable law. In the event that Borrower or Trustor exercises any right provided by law to cure an Event of <br />Default, Lender shall be entitled to recover from Trustor all costs and expenses actually incurred as a result of <br />Trustor's default, including without limitation all Trustee's and attomey's fees, to the extent permitted by applicable <br />law. <br />15. Future Advances. Upon request of Bonower or Trustor, Lender may, at its option, make additional <br />and future advances and re-advances to Borrower or Trustor. Such advances and re-advances, with interest thereon, <br />shall be secured by this Deed of Trust. At no time shall the principal amount of the indebtedness secured by this <br />Deed of Trust, not including sums advanced to protect the security of this Deed of Trust, exceed the original <br />principal amount stated herein. <br />16. Miscellaneous Provisions. <br />(a) Borrower Not Released. Extension of the time for payment or modification of amortization of <br />the sums secured by this Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate <br />to release, in any manner, the liability of the original Bonower and Borrower's successors in interest. Lender shall <br />not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise <br />modify amortization of the sums secured by this Deed of Trust by reason of any demands made by the original <br />Borrower and Borrower's successors in interest. <br />(b) Lender's Powers. Without affecting the liability of any other person liable for the payment of <br />any obligation herein mentioned, and without affecting the lien or charge of this Deed of Trust upon any portion of <br />the Property not then or theretofore released as a security for the full amount of all unpaid obligations, Lender may, <br />from time to time and without notice, (i) release any person so liable; (ii) extend the maturity or alter any of the <br />terms of any such obligations; (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or <br />reconveyed, at any time at Lender's option any parcel, portion, or all of the Property; (v) take or release any other or <br />additional security for any obligation herein mentioned; or (vi) make compositions or other arrangements with <br />debtors in relation thereto. <br />(c) Forbearance by I.ender Not a Waiver. Any forbearance by Lender in exercising any right or <br />remedy 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 Lender <br />shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Deed of Trust. <br />(d) Successors and Assi�ns Bound; Joint and Several Liabilit� Captions. The covenants and <br />agreements herein contained shall bind and the rights hereunder shall inure to the respective successors and assigns <br />of 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 used to interpret or <br />define the provisions hereof. <br />(e) Request for Notices. The parties hereby request that a copy of any notice of default hereunder <br />and a copy of any notice of sale hereunder be mailed to each pariy to this Deed of Trust at the address set forth <br />above in the manner prescribed by applicable law. Except for any other norice 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 by <br />Cert�ed Mail addressed to the other parties, at the address set forth above. Any notice provided for in this Deed of <br />Trust shall be effective upon mailing in the manner designated herein. If Trustor is more than one person, notice <br />sent to the address set forth above shall be notice to all such persons. <br />( fl Ins en ction. Lender may make or cause to be made reasonable entries upon and inspections of <br />the Property, provided that Lender shall give Trustor notice prior to any such inspection specifying reasonable cause <br />therefor related to Lender's interest in the Properiy. <br />(g) Reconvevance. Upon payment of all sums secured by this Deed of Trust, Lender shall request <br />Trustee to reconvey the Property and shall surrender this Deed of Trust and all notes evidencing indebtedness <br />secured 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 Pro e�rty; Securitv Agreement. As additional security for the payment of the Note, <br />Trustor hereby grants Lender, under the Nebraska Uniform Commercial Code, a security interest in all fixtures, <br />equipment, and other personal property used in connection with the real estate or improvements located thereon and <br />not otherwise declared or deemed to be a part of the real estate secured hereby. This instrument shall be construed <br />as a Security Agreement under said Code, and the Lender shall have all the rights and remedies of a secured party <br />under said Code, in addition to the rights and remedies created under and accorded the Lender pursuant to this Deed <br />of Trust, provided that Lender's rights and remedies under this paragraph shall be cumulative with and in no way a <br />limitation on Lender's rights and remedies under any other security agreement signed by Borrower or Trustor. <br />(i) Liens and Encumbrances. Trustor hereby warrants and represents that there is no default under <br />the provisions of any mortgage, deed of tcust, lease, or purchase contract describing all or any part of the Property, <br />or other contract, instrument, or agreement constituting a lien or encumbrance against all or any part of the Property <br />(collectively, "Liens") existing as of the date of this Deed of Trust; and that any and all existing Liens remain <br />unmodified except as disclosed to Lender in Trustor's written disclosure of liens and encumbrances provided for <br />herein. Trustor shall timely perform all of Trustor's obligations, covenants, representations, and warranties under <br />4 <br />