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200001753
<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 />of the Improvements on the Property; shall not commit, suffer or permit any act to be done in or upon the Property in violation of any law,
<br />ordinance, or regulation; and shall pay and promptly discharge at Borrower's cost and expense all liens, encumbrances and charges levied,
<br />Imposed or assessed against the Property or any part thereof.
<br />6. Eminent Domain. Lender is hereby assigned all compensation, awards, damages and other payments or relief (hereinafter
<br />"Proceeds ') in connection with condemnation or other taking or the Property or part thereof, or for conveyance In lieu of condemnation.
<br />Lender shall be entitled at its option to commence, appear in and prosecute In its own name any action or proceedings, and shall also be
<br />entitled to make any compromise or settlement In connection with such taking or damage. In the event any portion of the Property is so
<br />taken or damaged. Lender shall have the option, In its sole and absolute discretion, to apply all such Proceeds, after deducting therefrom all
<br />costs and expenses incurred by it in connection 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 Property upon such conditions as Lender may
<br />determine. Any application of Proceeds to indebtedness shall not extend or postpone the due date of any payments under the Note, or cure
<br />any default thereunder or hereunder.
<br />7. Performance by Lender. In the event of Borrower's failure to perform any of the covenants herein or make any payments
<br />required hereby, or it any act is taken or legal proceeding commenced which materially affects Lender's interest in the Property, Lender may in
<br />Its own discretion, but without obligation to do so, and without notice to or demand upon Borrower and without releasing Borrower from any
<br />obligation, do any act which the Borrower has agreed but fails to do and may also do any other act It deems necessary to protect the
<br />security hereof. Borrower shall, Immediately upon demand therefore by Lender, pay to Lender all costs and expenses Incurred and sums
<br />expended by Lender In connection with the exercise by Lender of the foregoing rights, together with Interest thereon at the rate provided in
<br />the Note, which shall be added to the Indebtedness secured hereby. Lender shall not Incur any personal liability because of anything It may
<br />do or omit to do hereunder.
<br />B. Events of Default. The following shall constitute an event of default under this Deed of Trust:
<br />(a) Failure to pay any installment of principal or interest or any other sum secured hereby when due, or failure to pay when due any
<br />other indebtedness of Borrower to Lender;
<br />(b) A breach of or default under any provision contained In the Note, this Deed of Trust, any document which secures the Note,
<br />and any other encumbrance upon the Property;
<br />(c) A writ of execution or attachment or any similar process shall be entered against Borrower which shall become a lien on the
<br />Property or any portion thereof or Interest therein;
<br />(d) There shall be filed by or against Borrower an action under any present or future federal, state or other statute, law or regulation
<br />relating to bankruptcy, insolvency or other relief for debtors; or there shall be appointed any trustee, receiver or liquidator of
<br />Borrower or of all or any part of the Property, or the rents, issues or profits thereof, or Borrower shall make any general assignment
<br />for the benefit of creditors;
<br />(e) The sale, transfer, assignment, conveyance or further encumbrance of all or any part of or any Interest In the Property, either
<br />voluntarily or involuntarily, without the express written consent of Lender.
<br />9. Remedies; Acceleration Upon Default. In the event of any Event of Default Lender may declare all indebtedness
<br />secured hereby to be due and payable and the same shall thereupon become due and payable without any presentment, demand, protest or
<br />notice of any kind. Thereafter Lender may:
<br />(a) Demand that Trustee exercise the POWER OF SALE granted herein, and Trustee shall thereafter cause Borrower's interest in the
<br />Properly 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 of it security, enter upon and take possession of the Property, or any part thereof, 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 thereof of interest therein, increase the income therefrom or protect the security hereof and, with or without
<br />taking possession of the Property, sue for or otherwise collect the rents, Issues and profits thereof, including those past due and
<br />unpaid, and apply the same, less costs and expenses of operation and collection Including attorneys' lees, 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 of such rents, issues and profits and the application thereof as aforesaid, shall not cure or waiver any default or notice of
<br />default hereunder or invalidate any act done in response to such default or pursuant to such notice of default and, notwithstanding
<br />the continuance In possession of the Property or the collection, receipt and application of rents, Issues or profits, Trustee or Lender
<br />shall be entitled to exercise every right provided for in any of the Loan tnstruments.or by law upon occurrence of any event of
<br />default, including the right to exercise the power of sale; and
<br />(c) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the
<br />covenants hereof;
<br />No remedy herein conferred upon or reserved to Trustee of Lender Is Intended to be exclusive of 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 hereafter existing at law or
<br />In equity or by statute, and may be exercised concurrently, independently or successively.
<br />10. Trustee. The Trustee may resign at any time without cause, and Lender may at any time and without cause appoint a
<br />successor b� sftjWute rristee.' -Trustee shall not be liable for any loss or damage unless due to actionable negligence or willful
<br />misconduct, and shall norbe required to take any action In connection with the enforcement of this Deed of Trust unless
<br />indemnified, in writing, for all costs, compensation or expenses which may be associated therewith. In addition, Trustee may
<br />become a purchaser at any sale of the Property (judicial or under the power of sale granted herein); postpone the sale of all or any
<br />portion of the Property, as provided by law; or sell the Property as a whole, or In separate parcels or lots.
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