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<br />6 Eminent Domain. lender is hereby assigned ail compensation awards darnjges and other ravmerlts or u•ile1 ti— einallet Procecax 1 ill connection %i.qh
<br />condemnation Of Other taking Of the Property or pill thereof or for coni,eyanct, to hou of conlcmnation Lender snail be entitledill irsopt.on lei_ommen, u appear in and
<br />prosecute in Its own name any action or proceedings and shall also bee ntitl(id to make any ; ompromtse or settlement in connection with Surh takm.1 or damage ill the
<br />O, event any portion Of the Properly Is so taken at damaged Lender shall have the option in its Sole.and abSOlule ltscrotion In apply all surh Procec d5 altttt padurting
<br />Qtherefrom all costs andexpenses incurred by it In connection with such proceeds uponany indebtedness secured hereby and in suc h order an Lender may cialeimina. or to
<br />Proceeds
<br />apply all Such after Such deductions to the rosletation 01 rho Property upon Such Conditions as lender may determine Aoy application at Proc weds to
<br />Indebtedness shall not extend or postpone the duo date 01 any payments under the Note or cure any default thereunder or herounler
<br />7. PerformaMa by Lender. In the event of Sot lower s 14111tO 10 perform any of the COveneni s herein or make any payments requifM hereby or11.1nyact- ttakenor
<br />legal proceeding commenced which Materially effects Lender s interest in the Property Lender mayin its own ChScretlon, but without obhga ton todo go, and H,lhoilrn,1111M
<br />10 or demand upon Borrower and without releasing Borrower from any obligation. do any act whit h the Borrower has agreed but fails to do and may also do any Other act; l
<br />.s+ri deems necessary to protect the security hereof Borrower shall. immediately upon demand therefor by Lender pay to Lender all Gods and expenses inc. a red and.iunla
<br />expended by Lender in connection with the exercise by Lender of the foregoing rights together with interest thereon atlhorate provided irt The. Note. whichshallbeaddrrlto
<br />the uidebtedness secured hereby Lender shall not Incur any personal liability because of anything it may do or omit to do hereunder
<br />8 Events of Default The following shall constitute an event of default under this Deed of Trust
<br />C0 (a) Failure to pay any Installment of principal or interest or any other sum secured hereby when duo. or failure to pay when due any other indebtedness of
<br />GeV 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 (Cote. and any other
<br />encumbrance upon the Property,
<br />(c) A writ of execution or attachment or any similar process shall be entered against Borrower which shall become alien on the Property or any portion
<br />theteOf or interest therein;
<br />CQ (d) There shall be filed by or against Borrower an action under any present or future federal, state or other statute. law or regulation totaling to
<br />be- Nuuptcy. insolvency or other relief for debtors. or there shall be appointed any trustee, receiver or liquidator of Borrower or of ali or any part of the Property, of
<br />00 the .refits, Issues or profits thereof, or Borrower Shall make any general assignment for the benefit of creditors
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<br />C* (e) The sate. transfer, asstgnrrrent, conveyance or further encumbrance of all or any part of or any interest In the Property. either voltinlirlly of
<br />0 involuntarily, without the express written consent of Lender
<br />O(1) 11 Borrower is not an endwdoal, the sale. transfer. assignment. conveyance or encumbrance of Moro than - _ percent of ;d u corpurabon) its
<br />issuedand outstanding Stock or (of a partnership) percent, of. partnership interests -
<br />9. Roalaes@tAe; ACCeleraflon Upon Default. In the event of any Event of De!su It Lender rrlay declare all indebtedness secured hereby to be due and payable and the
<br />Sarno she!] thereupon become due and payable without any presentment. demand. protest or notice of any kind. Thereafter Lender may -
<br />(a) Demandth at Trustee exercise the POWER OF SALE granted herein. andrn ,s *ee shall thereafter cause Sc rower's interest in the Property to be sold
<br />and the proceeds tRl .e distributed, all in the manner provided in the Nebraska Tvii« C --sock Act:
<br />(b) Either in person Or by agent, with or without bringing any action or proceC4 ;fig, or by a receiver appointed by a callrt and without regard to the
<br />adequacy of its secunty, enter upon and lake possession of the Property. or any part thereof. in its awn rra me of the name of The Trustee, and do any acts which
<br />;C it deems necessary or desirable to preserve the value. marketability or rentability of tqe Property. or part thareel,or.interest therein, increase the income
<br />therefrom of proleictlhe security heroolfand, with of without taking possession of the Prpperiv suerur.. rolherwise collect the rents. issues and i3t llih;thereof.
<br />including those pas: due and unpaid, and apply the same, less costs and expenses of cipej-af:, an aid ccYi6clion,ficluding attorneys fees. upon anyindebtednesla
<br />secured hereby, wi.nsuch order as lender may determine The entering upon and rah'rq p;ss•?,;s on of the Property. the collection of Such rent$. issues and
<br />profits and theappi: Cationthereofasaforesaid, shallnotcureofwaiveanydefaultOrno })�nf } act' tereunderar invalidate any act done in response 10such
<br />LU default or pursuant to such notice of default and. notwithstanding the continuance ih pa�.sess.On ',t the Property or.lho colleotion rece-pt and application of
<br />rent blues or profits. Trustee or Lender Shall be entitled to exercise every right provided for In,.,y +uf the Loan Instruments or.by IZ, -,ipon occurence of any
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<br />event of default. including the fight to exercise the power of sale, and
<br />(C) Commence an action t0 foreclose this Deed of Trust as a mortgage. appoe..it a receiver. or Specifically enterce any at the covenants hereof.
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<br />No remedy herein conferred upon or reserved to Trustee or Lender is intended tO be exc lusivect.an. y other remedy herein or by taw proyrged or permitted, but each shall be
<br />cumulative. shall be in addition to every other remedy given hereunder or now or hereafter en song at law or inequity or by statute. and maybe exercised concurrently.
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<br />independently or successively,
<br />10. Trustee. The Trustee may resign at anytime without cause. and Lender may at any time and without cause appoint a successor•or substitute Trustee. Trustee
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<br />shall not be liable for any toss of damage unless due to actionable negligence or willful misconduct. and shaff not be required to take any. action in connection with the
<br />enforcement of this Deed of Trust unless indemnified. in writing. tot all costs. compensation or expense% which may be associated therewith. In addition, Trustee may
<br />become a purchaser at any sateofthe Property (judicial or under the power ofsale granted here :-.+;.po tpcnethesaleofalloranyportionoltheproperty .asprovidedbylaw:
<br />or sell the Property as a whole. Or in separate parcels or lots
<br />11. Futuce Advances. Upon request of Borrower. Lender may, at its option make additional and future advances and readvances to Borrower Such advances and
<br />readyances, with interest thereon, shall be secured by this Deed of Trust At no time shall the principal amount of the Indebtedness seculod by this Deed Of Trust, not in-
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<br />- eluding sums advanced to protect lhesecurdll of this Dned of Trust PilePPdthPOriomal principal arhdllnt[tatPfI herem hr$ 22,OM.00 whichevefis
<br />•.
<br />greater.
<br />12 11111scsMar"Me Provisions.
<br />(a) Borrawanflot Released. Extension of the time for payrrent or modification of amortization of the sums secured by this Deed of Trust granted by
<br />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 successors in
<br />interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization
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<br />of the sums secured by this Deed of Trust by reason of any demands made by the original Borrower and Borrowers successors in interest
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<br />(b) Lender's Powers. Without affecting the liability of any other person liable for the payment of any obligation herein mentioned. and without affecting
<br />the lien Or charge of this Deed of Trust upon any portion of the Property not then or theretofore released as Security for the full amount of all unpaid obligations.
<br />Lender may. from timet0 time and without notice (i) release any person so liable. (ill extend the maturity Of alter any Of the terms of any such obligations. (iii)
<br />grant other indulgences. (iv) release or reconvey, or cause to be released or reconveyed at anytime at Lender's options any parcel, portion or all of the Property,
<br />(v) take or release any other or additional Security for any obligation herein mentioned. or (vi) make corr positions or other arrangements with debtors inrelation
<br />thereto.
<br />(c) Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder. or otherwise afforded by applicable
<br />.
<br />law. shall not be a wanerof or preclude the exercise otany such right or remedy The procurement Of insurance Or the payment of taxes Or Other liens or charges
<br />by Lender shaft not be a waiver of Lenders right to accelerate the maturity of the indebtedness secured by this Dee; of Trust
<br />id) Eucceswrs and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements "rein contained shall bind, and the rights
<br />hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the prowstors of paragraph 8 fe) hereof. All covenants and
<br />agreementsol Borrower shall be joint and several The captions and headings of the paragraphsofth; s Deed of Trust are for convenience only and are not tobe
<br />used to interpret of define the provisions hereof.
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<br />- (e) Request orNotices. The parties hereby request that a Copy Of any notice Of defailit here.LinCe7and9Copyot any notice of sale hereunder bemaded.to
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<br />each party tothisDoer}of Trost at the address set forth above in The manner prescribeiiby Wiv Except fecary Other notice required under appircabFe
<br />lawto be given in another manner. any notice provided for in this Deed of Trust stiv be g• vB7 Gy Cris !ing Such rCt:Ce by cerldled mad addressed to the Other
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<br />parties. at the address set forth above.
<br />Any notice provided for in this Deed of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein.
<br />(1) Inspection. Lender may make orcause to be made reasonable entries upon and inspections of the Property. provided that Lender shall give Borrower
<br />notice prior to any such Inspection specifying reasonable cause therefor related to Lender's interest in the Property
<br />(g) Reeonveryance. UponpaymentofallsumssecuredbythisDeedofTrust- Lender shall request Trustee to reconvey the Property and shall surrender
<br />this Deed of Trust and all notes evidencing indebtedness secured by this Deed of Trt >st to Trustee Trustee shall feconvey the Property without warranty and
<br />without Charge to the person or persons legally entitled thereto Sjcb person or persons small pay all costs of recordation. if any
<br />(h) Personal Propiefty. Security Agrearrient. As additicipai security for the payment of the Note all fi xtu res. equipment. and other personal property used
<br />in connection with the real estate Or improvements located thereon. and not otherwise declared Or deemed to be apart of the real estate secured hereby. shall be
<br />subject to a security interest in favor of the Lender under the Nebraska Uniform COmmercialCode This instrumgnl Shall beConstruedasa Security Agreement
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<br />under said Code. and the Lender Shall have all the rights and remedies of a secured party under said Code in addition to the fights and remedies created under
<br />and accorded the Lender pursuant to this Deed of TrL:S).
<br />- (1) SewrabMlty. In the event that any prov's+7 G%Cni.h Deed of Trust conflict with applicable law or are declared invalid or otherwise unenforceable. such
<br />cx1n JICt Or invalidity shall not affect the other Prow ,s-o'fS ct frus, Deed of Trust or the Note which can be given effect without the conflicting provision. and to this
<br />- er-d the provisions of The Deed of Trust and the Nere Ve d2 ct�rW.ro be severable
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<br />' Borrower has executed this Deed of Trust the date written above
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<br />90rrdvvBr
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<br />(Venn . Clark, HUSband)
<br />Borrower
<br />�!
<br />— (Phyllis 4. Cl, ark Wife)
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