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r L� 1 6 Errtlaenl0etl1e1n. Lender is hereby a9signed all compensation awards damages Ind other payments or relief (herematter - Proceed9 ) in connection Willi condemnal'on et olher taking c-f the Property Or part thfirenf or 1pr convoyanrti in lmu of c onaemnalton Lender shall be entUUea at its option locommence appear +nand prosecute in its own name any action or proceedings. and bhalt also be entitled to make any Compromise or Settlement in connect on with Such taking or dama1.20 1111110 event any portion of the Ptoparly is to taken or damaged Lender shall hauo the option. in its 3010 and absoluto drscrolion. to apply all such Proceeds. after clooliclmg there(rpm all Costs and expenses lncurred0y it in Connection with such proceeds. upon any indebtedness secured hereby and in Such order as Lender may determine. or to apply all such Proceeds. after such deducitenS, to the restoration (it the Properly upon such eonddrdns as Lender may determine Any application of Piocoads to indebtedness shall not extend or postpone the due date of any payments under the Note, or cure any default thereunder or hereunder 7 Pei.'( 0a< rf1a11CfbyLeedlr.I n the even? of Set tower's failure topetform, any of the covenents herein or make any pay (nentltequired hereby -or it any act tr. takrinor tagal proceeding commenced which materially of f ect$ Lender a lrlllrest in the Property. Lender may in its own discretion. but without obligation to do so, and without notice tot" (rtmand upon NMfewit and without m W slag Rollo wer Ir -m any ONtgation. do env ACt which the Borrower has agreed but (ail; to do and may alto do any other act rt deems fteceseary to protect the security hereof Borrower shall. immediately upon demand therefor by Lender. pay to Lender all costs and expenses incurred and sums expended by Lender in connection with the exerCge by Lender Of the foregoing rights, together with Interest thereon of the late provided in the Note. which shall be added to the indebtedness secured iteriby Lender shall not incur any personal liab.hly because of anything it may do or omit to do hereunder 6 [feat eW OettellM. The following shall constitute an event of default under this Deed of Trust- r (a) Fallurs to pay any Installment of principal or Interest at any other Sum see ufed hereby when due, or failure to pay when due any other I ndebtadness of Q0 � Borrower to Lender: T (b) A breach of or default antler any provision contained in the Note, this Deed of Trust any document which secures the Note. and any other 0 aimumbrance upon the Properly: O (c) A writ of execution or attachment or any similar process shall be entered against Borrower which Shall become alien on the Property orany portion (hereof or interval therein, Tell (d) There shall be filed by or against Borrower an action under any present or future federal, state or other statute, taw or regulation relating to bankruptcy, insolvency or other relief tordebtofa: or there shall be appointed any tnist?e. receiver or liquidator of Borrower or of all or any partof the Proaerty.or the rents, Issuas or profits thereof. Or Borrower shall make any general assignmem tot the benefit of creditors. (e) The sale, transfer, assignment. conveyance or further er clv.•,hrance of all or any part of or any interest in the Property, either voluntarily or CO Involuntarily, without the express written consent of Lender (1) If Borrower is not an individual, the sale, transfer, assign"•enl, conveyance or encumbrance of more than percent of (if a corporation) its issued end outstanding stock or (if a partnership) pe►ce,.! of partnership interests. 9 Mme" ;AeceNral(on Upon Defeull. In the event of any Event of QTF•AL'tt lender may declare all indebtedness secured hereby to be due and payable and the some shall thereupon become due and payable without any presentment, derr. are. protest or notice of any kind Thereafter Lender may: (a) Demand that Trustee exercise the POWER OF SALE granted herein, and Trustee shall thereafter cause Borrower's interest in the Property lobe Sold and the proceeds to be distributed. all In the manner provided In the Nebraska Trust Deeds Act: (b) Either in person or by agent• with or without bringing any action or pro ceding. or by a receiver appointed by a cotin and without regard to the adequacy of its security, enter upon and take possession of the Properly, or any part t hereof. in its own name or in the name of the Trustee, and do any acts which it deems necessary or desirable to preserve the value, marketability or rentability of the Property. or part thereof or interest therein, increase lheif(come theWr'om or protect the security hereof and, wither without taking possession of the Property. sue for or otherwise collect the rents. issues and prof its thereot, irtcl[W>,ng those past due and unpaid, andapply the same, less costs and expenses of operation and coltechon including attorneys'tees. upon any indebtedness sedated hereby. all in such order as Lender may determine The entering upon and taking possession of the Property, the collection of such rents. issues and profits and the application thereof as aforesaid, shall not cure or waive any de(au It or notice of default hereunder or invalidate ail y act done in responsato such default or pursuant to such notice of default and. notwithstanding the continuance in possession of the Property or the collection, receipt and applicdhcn of Mats, issues Or profits, Trustee or Lender shall be entitled to exercise every right provided for in any of the loan Instruments or bylaw upon occurence of any Event of default. including the right to exercise the power of sale: and (e) Commence an action totoreclose this Deed of Trust as a mortgage. appoint a receiver, or Specifically enforce any of the covenants hereof: No remedy herein conferred upon or reserved to Trustee or Lender is intended to be exclusive of any other remedy herein or bylaw provided or permitted, but each shall be cumulative. shall be in addition to every other remedy given hereunder or now or hereafter existing at law Orin equity or by statute. and maybe exercised concurrently. independently or successively. 10. Trod". The Trustee may resign at anytime without cause. and Lender may at anytime and without cause appoint a successor or substitute Trustee. Trustee shall not tie mole for ainyloss or damage unless due to actionable negligence or wiptus misconduct. and strait not ce required to take any action in conrnrctian wiuvifiv enforcement of this Deed of Trust unless indemnified. In writing. for all costs, compensation or expenses which may be associated therewith. to addition. Trustee may become* purchaserat any sale of the Properly (judicial or under the power of sale granted herein). postpone the sa;a of all or any portion of the property. as provided by law: or sell the Property as a whole, or in separate parcels or lots. 11. FuN+n Advances. Upon request of Borrower. Lender may. at its option, make additional and future advances and readvances to Borrower Such advances and read rancss. with interest thereon, shall be secured by this Deed of Trust At no time shall the principal amount of the indebtedness secured by this Deed of Trust, net in> cludingsurnsadvanced to protectthe security of this Deec; of Trust. exceed the original principal amount stated heroin ofS _.whicheveris greater. 12. MMeetlaneow Provisions. (a) Oorrower Not Released. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust grantetd:by Lender to any successor in interest of Borrower shall not operate to release. in any manner. the liability of the original Borrower and Borrower's successcra to interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amcniaaf(bn of the sums secured by this Deed of Trust by reason of any demands made by the original Borrower and Borrower's successors in interest. (b) Lender' e Powers. Without affecting the liability of any o0e person liable for the payment of any obligation herein mentioned. and withoutaffeCting the lien or charge of this Deed of Trustupon any portion of the Prolxecky not then or theretofore releamd as security for the full amount of all unpaid obligations. Lender may. from time to time am! without notice (i) release any pa ^son so liable. (n) extend the rrattifity or alter any of the terms of any such ebngatians, fill) grant other indulgences. (iv) release or reconvey. or cause to be re>a-�sed or reconveyed at anytime at Lender's options any parcel, portion or all of file property. (v) take or release any. otheror additional security for any obligation herein mentioned. or (vi) make compositions or other arrangements with debtors in Tolation thereto. (c) Forbalwarice by Lordlier. MM a Walviar. Any forbearance by Lender in exercising any irgjIfor remedy hereunder. or olheTwise afforded by applicable law, shall not be a waiver of or prectudis the exercise of any such right or remedy. The procurement of, nsurance or the payment of tares or ether liens anuharges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Deed of Trust. (d) Suceeseors and Assigns Boland: Joint and Several Lleblllly; Csptlom. The covenants and agreements herein contained shah bind, and•ttie rights hereunder shall inureto, the respective successors and assigns of Lender and Borrower. subject to the provisions of paragraph (e) hereof. Aft covenants and agreements of Borrower shall be joint and several The captions and headings of the paragraphs of this Deed of Trust are for convenience only and dreratt to be used to interpret or define the provisions hereof. (e) RoqueetferMade". The, parties hereby request that a copy of any notice of default hereunder and a copy of any notice of safe he reundelibe mailed to each party to this Deed of Trust at (headdress set forth above in the manner prescribed by applicabterzw. Except for any other notice required undunapplicable law lobe given in another manner, any notice provided for in this 0"J of Trust shall tse given by mg,hng such notice by certified mad hddressaddi) the other parties. at the address set forth above. Any notice provided for in this Deed of Trust shall be, deemed to haire been given to Borrower or tender when given in the manner designated herein. (f) tnspectlen. LendermaymakeorcausetobemadereasonableentriesuponandinspectionsattheProperty, providedthatLendershallgiveBorrower notice prior to any such inspectionspec'rfying reasonable cause 1Rierefor related to Lender's interest in the Property. (g) 11111eeomeyanee. Upon .(a1M"ritof all sums secured byVh, Deed of Trust. Cender shall request Trustee to reconvey the PnIpany and$ hallsurriander this Deed of Trust and all noleseuidi•,�cing indebtedness secured by this Deed of Trust to Trustee Trustee shall reconvey the Property without•wari'Vly and without charge to the person or (jtrrsOns legally entitled thereto. Such person or persons shall pay all costs of recordation, if any (h) Pir>. Olbif( h• Operfy, Security Agrestsu nt. As additional securityfOr the payment of the Note all fixtures. equrpmani . % and *that personal propei� used inta nnectionwiththerealestateorfrnprovementslocatedthereon. andnototherwisedeclaredordeemedtobeapartofU` enialeslafesecuredlioreby .shallbe - szlble --tioa security interest infa o rvofthelenderundertheNebrask aUniformCommer cialCode. Thisinstrumintshal lbeccnslrundasaSdautatyAgreement ijmW said Code, and the Lender shall have all the rights and rernk,+6iies of a secured party under said Code in addition to the rights and. remadias created under and accorded the lender pursuant to this Deed of Trust. (i) 8everabliity. In the event that any provision of this Deed of Trust Conflict with applicable law or are declared rivalid orotherwise unan ftirreable. Such conflict or invalidity shalt not affect the other provisions of this Deed ofTrust orthe Note which can be given effect ar.thaut.f he conflicting provision, and to th,s end the provisions of the Deed of Trust and the Note are declared to be severable Borrower has executed this Deed of Trust the date written above. (UM49 M. Pinto) Barlow?;_._ BUrr ,;vyr 7 I I '[�f •W Ix► si 1 1