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���. 98—a���,�c�3�
<br /> 5. Maintenance Repairs and Compliance with Laws. Borrower shall keep the Property in good condition and repair;
<br /> shall promptly repair, or replace any improvement which may be damaged or destroyed; shall not remove, demolish or substantially alter any
<br /> ol the improvements on the Property; shall not commit, sufler or permit any act to be done in or upon the Property i� vlolation o( any law,
<br /> ordinance, or regulatlon; and shall pay and promptly discharge at Borrower's cosl and expense all liens, encumbrances and charges levied,
<br /> imposed or assessed against the Property or any part thereol.
<br /> 6. Eminent Domain. Lender is hereby assigned all compensation, awards, damages and other payments or relie( (hereinatter
<br /> "Proceeds") in connection with condemnaiion or other taking or the Property or. part thereo(, or for conveyance in lieu ol condemnation.
<br /> Lender shatl be entitled at its option to commence, appear in and prosecute in its own name any actlon or proceedings, and shatl also be
<br /> entitled to make any compromise or settlement in conneclion with such taking or damage. In the event any ponlon oi the Property is so
<br /> taken or damaged, Lender shall have the option, in its sole and absolute discretion, to apply all such Proceeds, atter deducting theretrom all
<br /> costs and expenses incurred by it in connectfon with such Proceeds, upon any indebtedness secured hereby and in such order as Lender
<br /> may determine, or to apply all such Proceeds, after such deductions, to the restoration of the PropeAy upon such conditions as Lender may
<br /> determfne. Any application oi Proceeds to indebtedness shall not extend or postpone the due date o( any payments under the Note, or cure
<br /> any detaull lhereunder or hereunder.
<br /> 7. Performance by Lender, In the event oi Borcower's lailure to per(orm any of the covenants herein or make any payments
<br /> required hereby, or il any act is taken or legal proceeding commenced whlch materially aflects Lender's interest ln the Property, Lender may tn
<br /> its own discretion, but without obligation to do so, and without notice to or demand upon Borrower and without releasing Borrower lrom any
<br /> obligation, do any act which the Borrower has agreed bui faiis to do and msy also do any ofher act it deems necessary to prolect Ihe
<br /> security hereoi. Bonower shall, Immediatety upon demand lherefore by Lender, pay to Lender all costs and expenses incurred and sums
<br /> expended by Lender in conneclion with the exercise by Lender o( the toregoing ►ights, together with fnterest thereon at the rate provided in
<br /> the Note, which shail be added to the indebtedness secuted hereby. Lender shall not incur any personai liebility because ot anything It may
<br /> do or omit to do hereunder.
<br /> 8. Events of Default. The tollowing shall constitute an event ol de(ault under this Deed ot Trust:
<br /> (a) Failure to pay any installment o( princfpal or interest or any other sum secured hereby when due, or failure to pay when due any
<br /> other Indebtedness of BoROwer to Lender;
<br /> (b) A breach oi or detault under any provision co�tained in the Note, this Deed ot Trust, any document which secures the Note,
<br /> and any other encumbrance upon ihe Property;
<br /> (c) A writ of execution or attachment or any similar process shall be entered against 8orcower which shall become a �Ien on the
<br /> Property or any portion thereot or interest therein;
<br /> (d) There shall be liled by or against Bonower an action under any present or (uture (ederal, state or other statute, law or regulat(on
<br /> relating to bankruptcy, insolvency or other reliet (or debtors; or there shal� be appointed any trustee, receiver or liquidator oi
<br /> Borrower or ot all or any part of the Property, or the rents, issues or profits thereot, or BoROwer shall make any generat assignment
<br /> tor the benefit oi creditors;
<br /> (e) The sale, transler, assignment, conveyance or turther encumbrance ot a�l or any part o( or any interest in the Property, either
<br /> voluntarily or involunlarily, without ihe express written consent o( Lender.
<br /> 9. Remedies; ACCeleration UpOn Default. In the event of any Event oi Default Lender may declare all indebtedness
<br /> secured hereby to be due and payable and the same shall lhereupon become due and payable without any presentment, demand, protest or
<br /> notice o( any kind. Thereafter Lender may:
<br /> (a) Demand that Trustee exercise the POWER OF SALE granted herein, and Trustee shall thereaiter cause 8orrower's interesf in the
<br /> Property to be sold and the proceeds to be distributed, all In the manner provided in the Nebraska Trust Deeds Act;
<br /> (b) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and
<br /> without regard to the adequacy ot it security, enter upon and take possession ot the Property, or any part thereoi, in its own name
<br /> or in the name of Trustee, and do any acts which it deems necessary or desirable to preserve the value, marketability or rentability
<br /> of the Property, or part thereoi oi interest therein, increase the income therelrom or protect the security hereof and, with or without
<br /> taking possession ot the Property, sue tor or otherwise collect the rents, issues and protits thereot, including lhose past due and
<br /> unpaid, and apply the same; less costs and expenses of operation and colleclion inc�uding attomeys' tees, upon any indebtedness
<br /> secured hereby, all in such order as Lender may determine. The entering upon and taking possession of the Property, the
<br /> collection ol such rents, issues and profits and the application thereof as aforesaid, shall not cure or waiver any delault or notice o(
<br /> delaull hereunder or invalidate any act done in response to such delaull or pursuant to such notice of de(ault and, notwithstanding
<br /> the continuance In possession of the Property or the collectlon, receipt and application of rents, issues or profits, Trustee or Lender
<br /> shall be enlitled to exerclse every right prov(ded tor in any ol the Loan Instruments or by law upon occurrence ol any event of
<br /> default, including the right to exercise the power of sale; and '
<br /> (c) Commence an aclfon to loreclose this Deed ot Trust as a mortgage, appoint a receiver, or speci0cally enlorce any ol the
<br /> covenants hereoi;
<br /> No remedy herein conlerred upon or reserved to Truslee of Lender is intended to be exclusive ot any other remedy herein or by law provided
<br /> or permitted, but each shall be cumulative, shall be In addition to every other remedy given hereunder or now or hereatter existing at law or
<br /> in equity or by statute, and may be exercised concurrently,Jndependently or successively.
<br /> 10. Trustee. The Trustee may resign at any time wi,houl cause, and Lender may at any t(me and without cause appoinl a
<br /> successor or substitute Trustee. Trustee shall not be liable 1or any loss or damage unless due to actionable negligence or willlul
<br /> misconduct, and shall not be required to take any action in connection with the enforcement ot ihis Deed of Trust unless
<br /> indemnified, in writing, tor all costs, compensation or expenses which may be associated therewlth. In addition, Trustee may
<br /> become a purchaser at any sale o( the Property (judicial or under the power oi sale granted herein); postpone the sale o1 ail or any
<br /> portion o( the Propehy, as provided by law; or sell the Property as a whole, or in separate parcels or lots.
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