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DEED OF TRUST 2 p�, 2 017 3� <br />(Continued) Page 4 <br />securing payment of an exis�ng obligatlon with an account number of 228405 to The Equitabte Building and Loan <br />Associatlon of Grand Island, Nebraska. The existing obtigatfon has a current principal balance of appro�amately <br />$16,700.00 and is in the original principal amount of $76,000.00. The obligadon has the following payment terms: <br />$82b.00 per Month. Trustor expressly covenants and agrees to pay, or see to the payment of, the 6dsting Indebtedness <br />and to prevent any default on such indebtedness, any default under the instruments evidencing such indebtedness, or <br />any default under any security documents for such indebtedness. <br />No ModlflcaUon. Trustor shall not enter into any agreement with the holder of any mortgage, deed of trust, or other <br />security agreement which has prioriiy over this Deed of Trust by which that agreement is modified, amended, extended, <br />or renewed without the prior written consent of Lender. Trustor shall neither request nor accept any future advances <br />under any such security agreement without the prlor written consent of Lender. <br />CONDEIUINATION. The following provisions relating to condemnatlon proceedings are a part of this Deed of Trust: <br />Notice of Proceedings. Trustor shall immediately notify Lender in writing should all or any part of the Property become <br />subject to any condemnation or expropriation proceedings or other similar proceedings, including without limitation, any <br />condemnatton, conflsc�tion, eminent domain, inverse condemnatlon or temporary requisitlon or taking of the mortgaged <br />Property, or any part or parts of the Property. Trustor further agrees to promptly take such steps as may be necessary <br />and proper within Lender's sole Judgment and et Trustor's expense, tc� defAnd any such condemnation or expropriation <br />proceedings and obtain the proceeds derived from such proceedings. Trustor shall not agree to any settlement or <br />compromise or any condemnatlon or expropriatlon claim without Lender's prior written consent. <br />Lender's Parttclpetlon. Lender may, at Lender's sole opBon, elect to participate in any such condemnation or <br />expropria�on proceedings and be represented by counsel of Lender's choice. Trustor agrees to provide Lender with <br />such dacumentation as Lender may request to permit Lender to so participate and to reimburse Lender for Lender's <br />costs ass�iated with Lender's participation, including Lender's reasonable attorneys' fees. <br />Conduct of Proceedings. If Trustor falls to defend any such condemnation or expropriation proceedings to Lender's <br />satisfac�on, Lender may undertake the defense of such a proceeding for and on behalf of Trustor. To this end, Trustor <br />irrevocably appoints Lender as Trustor's agent and attorney—in—fact, such agency being coupled with an interest, to <br />bring, defend, adjudicate, settle, or otherwise compromise such condemnation or expropriaHon cisims; it being <br />understood, however, that, unless one or more Events of Default (other than the condemnation or expropriation of the <br />Property) then exists under thls Deed of Trust, Lender will not agree to any flnal settlement or compromise of any such <br />condemnatlon or expropriaHon claim without Trustor's prior approval, which approval shall not be unreasonably <br />withheld. <br />Appllcatlon ot Net Proceeds. Lender shall have the right to recefve all proceeds derived or to be derived from the <br />condemnation, expropriatlon, confiscation, eminent domain, inverse condemnation, or any permanent or temporary <br />requisition or taking of the Property, or any part or parts of the Property ("condemnation proceeds'�. In the event that <br />Trustor should receive any such condemnation proceeds, Trustor agrees to immediately turn over and to pay such <br />pra�eds to Lender. Atl condemnation proceeds, which are received by, or which are payable to either Trustor or <br />Lender, shall be applied, at Lender's sole option and discretion, and in such manner as Lender may determine (after <br />payment of all reasonable costs, expenses and attorneys' fees necessarily paid or (ncurred by Trustor and/or Lender), for <br />the purpose of: (a) replacing or restoring the condemned, expropriated, conflscated, or taken Properiy; or (b) reducing <br />the then outstanding balance of the Indebtedness, together with interest thereon, with such payments being applied in <br />the manner provided in this Deed of Trust. Lender's receipt of such condemnadon proceeds and the applicafion of such <br />proc�eds as provided in this Deed of Trust shall not affect the lien of this Deed of Trust. <br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relafing to <br />govemmental texes, fees and charges are a part of this Deed of Trust: <br />Current Taxes, Fees and Charges. Upon request by Lender, Trustor shall execute such documents in addition to this <br />Deed of Trust end take whatever other acHon is requested by Lender to perfect and continue Lender's lien on the Real <br />Property. Trustor shall reimburse Lender for all taxes, as described below, together with all e�cpenses incurred in <br />recording, perfectlng or continuing this Deed of Trust, including without limitatlon all taxes, fees, documentary stamps, <br />and other charga5 for recording or registering this Deed of Trust. <br />Texes. The following shall constltute taxes to which this sectlon applies: (1) a speciflc tax upon this type of Deed of <br />Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Trustor which <br />Trustor is authorized or required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; <br />(3) a tax on this type of Deed of Trust chargeable against the Lender or the holder of the Credit Agreement; and (4) a <br />speciflc tex on all or any por�on of the Indebtedness or on payments of p�incipal and interest made by Trustor. <br />Subsequent Texes. If any tax to which this sectlon applies is enacted subsequent to the date of this Deed of Trust, this <br />event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for <br />an Event of Default as provided below unless Trustor e(ther (1) pays the tax before it becomes delinquent, or (2) <br />contests the tax as provided above in the Taxes and Uens sectlon and deposits with Lender cash or a sufficient <br />corporate surety bond or other security satisfactory to Lender. <br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security <br />agreement are a part of this Deed of Trust: <br />Securlty Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes <br />flxtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from <br />time to time. <br />Securiiy Interest. Upon request by Lender, Trustor shall take whatever action is requested by Lender to perfect and <br />continue Lender's security interest in the Personal Property. In addition to recording this Deed of Trust in the real <br />property records, Lender may, at any time and without further authorization from Trustor, flle executed counterparts, <br />copies or raproductions of thfs Deed of Trust as a flnancing statement. Trustor shall reimburse Lender for all expenses <br />incuned in pertectlng or continuing this security interest. Upon default, Trustor shall not remove, sever or detach the <br />Personal Property from the Property. Upon default, Trustor shall assemble any Personal Property not afPoced to the <br />Prope►ty in a manner and at a place reasonably convenient to Trustor and Lender and make it available to Lender within <br />three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. <br />Addresses. The mailing addresses of Trustor (debtor) and Lender (s�ured party) from which information concerning <br />the security interest granted by this Deed of Trust may be obtained (esch as required by the Uniform Commercial Code) <br />are as stated on the ftrst page of this Desd of Trust. <br />FURTHER ASSURANCES; ATTORNEY—IN—FACT. The following provisfons relating to further assurances and <br />attorney—in—fact are a part of this Deed of Trust: <br />Further Assurances. At any time, and from time to time, upon request of Lender, Trustor will make, execute and <br />deliver, or will cause to be made, ex�uted or delivered, to Lender or to Lender's designee, and when requested by <br />Lender, cause to be flled, recorded, reflled, or rer�orded, as the case may be, at such times and in such oiftces and <br />plac�s as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security <br />agreements, flnancing statements, continuatlon statements, instruments of further assurance, certiflcates, and other <br />documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, <br />continue, or preserve (1) Trustor's obligations under the Credit Agreement, this Deed of Trust, and the Related <br />