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F Eminent Dorealn. Lenoot is hereby assigned all componsation aw.lyds oamagps anU ulhrr payments or rehCf jherematlet PIOCeeds -1 in connection with <br />condemn 'lion Or Othertxkiat) 011ie ProDCilY pl part lherOC}. or for CO ^VQy, lace in lieu OtcondemnaLpn l ender shall bo ontitiodal its option to commonco. appear wand <br />proSeCuternilsown name any actionol ptoceedmgs and ShalfalsObo Onbtled t o m eke a ^Y Cnr^promisn or Sniuernpnt in COnnettion with asst ;placing . aam3gO in the <br />co MV event any portion of trio Property is so taken M damaged LPnddt shall ha, ci the opts. n in its solo and absolute discretion to apply all such Proceeds. after daduchng <br />�y therefrom all Costs and expenses incurred by 11 in ronneCUmn With such proCOhd6 uponanytndetltodness senetOd hereby and in such Order es Lender may deleunnleAtto <br />apply all such Proceeds. alter such deductions to the restoration of trip Property upon such conditions as Lender may determine Any appl,Calion of Proceeds to <br />© <br />Indebtedness site!) not extend of postpone the due date of any payments under the Note. or Curo any d0fa(ill thereunder or hereunder <br />C.D t Pitiffairmanceby Lender. In the event of BOTTOWer's failure to perform any of the rovenents herein of make tiny payments requir0d hOtODY. of it any act is taken of <br />legal proceeding commence* Which malerlally aflectil Lendet's interest in the Property Lender may in its own discretion. but Without obligation to do so. and without notice <br />loor demand upon Boi fowerand vwlhou) releasing Borrower from any ooligation- do any act which the Borrower has agreed but fails to do and may also do anyother act it <br />• , i deems necessary to protect the security hereof eallower shall lmmediattity upon demand lrierelor by Lender pay to Lender all costs and expenses incurred and sums <br />expended by Lender in connection Mnth the exercise by Lenfter(it the foregot ng rights. together with interest thereon at the rate provided in rho Noto which @hall be added to <br />the indebtedness secured hereby Lender shall not incur any personal liability because of anything it may do or omit to do hereunder <br />8 Eirente n) Default. The following shall conshtuto an event of default under this Deed of Trust <br />(a► Failure to psy any mstallment of principal of interest or any other slim secured hereby When due, at failure to pay when due any other indebtedness of <br />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 NOW and any other <br />ancumbrance upon the Property. <br />(C) AwritofexecutionofattachmentoranysimilarprocessshallbeenteredagainstBorrowerwhichshallbecomealienonthePropertyoranyportion <br />thereof or interest therein: <br />(d) There shalt be filed by or against Borrower an action under any present or future federal, state or other statute, law or regulation relating to <br />- - bankruptcy. insolvency crother rehet fordebtors. or there shaft be appointed any trust(se,.re,eiveror liquidator of Borrower or of all or any part of the llroperty. or <br />the S,—mft issues or profits thereof. or Borrower shall make any general msignment for the benefit of. ,M)rr r <br />1 tiny The sale. transfer, assignment, conveyance or further e",,,;..rsbrancei of all or any pei`t <rhfY,'A7x H�Ycv'<x1,in the Property. either voluntarily or <br />mr,, wnlanly, without the express written consent Of l -under <br />i (f) It Borrower is not an individual. the sal,. oa;a sr. assidpraerl. conveyance or encumbrance of more t6a;r ., ,..— percent o1(it a corporation) its <br />issyed and outstanding stock or (d a partnership) ' percentot partnership interests. <br />9. Reatae *S; Acceleration Upon Dslautt. In the event of any Event of Ch aull Lender may declare all indebtedness secured hereby to be due and payable and the <br />asrnre shalt ttr ai trwn become due and payable without any presentmenl'dernand. protest or notice of any kind. Thereafter Lender may: <br />(a) Demand that Trustee exercise the PO WER OF SALE granted herein. and Trustee shall Ihereafter cause Borrower's interest lathe Propertirfa.besold <br />and the proceeds to be distributed. all in the manner provided in the Nebraska Tru;N:l Deeds Act: <br />(b) Either (n person or by agent, with or without bringing any action or Dro�eadtng, or by a receiver appointed by a court and without regaW to the <br />ayaauaoy of its security. enter upon and take possession of the Propercy.%ni ary part l'hi: root, In its own name or in the name of the Trustee, and do any acts which <br />it •,+lea i13 necessary or desirable to preserve the value. marketabit,•ty, � °e nubility of the Property. pr part thereof at interest therein, increase the Income <br />hereof or without taking p ;�eaassion of the Property. sue fr=ix d'herwrse caltect the rents. issues and proles thereof. <br />v.- le.ieflom or protect the security and, with <br />na rc3ing those past due and unpaid. and apply the saine.;esscests , rt expensesofoperationandco "ectiOn,nctuding,attorneys fees. upon anymdebtedness <br />Lender de4etr p1 rinraa!a°,rg upon and taking possession of the PrLperty,thecollection of such rents, issues and <br />secured hereby, all in such orderer may, . <br />profits and the application thereof as aforesaid. shalt rr wa&e any default or notice of default hereunder or imiklidate any act done in response to such <br />default or pursuant to such notice of default and, nohrJfi-s,1;•a .``r, y. r`e.continuance In possession o+ the Property aT tine collection. receipt and application of <br />vt-,,, . slues or profits. Trustee or lender shall be enhtlif to ere•cps- every right provided for in any cf,,ahe Loan Instruments or bylaw upon occurenee of any <br />ea es,.a! delauit. including the right to exercise the power of saleairli <br />! <br />(c) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or s*ihcally enforce any of the covenants hereof; <br />` <br />' ".rLvnretly herein conterred upon of reserved to Trustee or lender is intended to be exclusive of any other remedy herein or by law provided or permitted. buieacM shall be <br />be in adds (onto every other remedy given hcmunder or now or hereafter exisb rg at law or in equity or by statute. and may be exercised concurrently. <br />einr4Jalive, shall <br />incinpendently or successively. <br />10. •Trustee. The Trustee may resign at anytime without caJSse. and Lender may at a ^y !itrn ono without cause appoint a successor or substitute Trusters, 1<rutee <br />.nw1) not taw r any lass or damage unless due to achoriztaa negligence or willful mrscontltl/.'t and shall not be required to take any action in connechor) iivith the <br />_ <br />.fnr <br />enforcement W 116 Deed of Trust unless indemnified. in writij•A,lor all costs, compensation or expenses which may be associated itrerawiin. in auSiGvii, i.a5 {ee i�iaj/ <br />any sale of the Property (judicial orundel fva power of sale granted herein ) oostpone the sale ol all Ot any portion Ol the property. aspravi ¢ et + gytaw: <br />t; <br />becomes purchaser at <br />or sell the Property as a whole. Orin separate parcels or loll - • <br />It. FutureAdvanees. Upon request of Borrower. Lendl f-may. at its option. make addinr_t•ral:and future advances and readvances to Borrower. Such advi^altcrrmand <br />by this Deco of Trust At no lime shall the pits -cipal amount of the indebted secured by this Deed of Truelt not in- <br />Mzmdvances. with interest thereon, shall be secured <br />. 'n/etss <br />- <br />eluding sums advancedto protect the security,of this Deed of Trust. exceed the original principal amount stated herein. or - esr..-QW) -Of) ,whicheveris <br />greater. <br />12 Mim@*NwwousPro.Willans; <br />(a) Sorra(rscttAt Released. Extension ofifterme for payment or mod ificah(in.ra amortdr-1) qwct the sirtrzslecurecl by this Deed of Trust granted by <br />Lender to any successor in interest of Borrower shr.Rrniat operate to release. in any manner. the'talnbtf cl Me caig)rral.sarrower and Borrower's suCOaUMS in <br />interest. Lender shall not be required to commence p',•:ceedmgs against such succe -_,idr or refuse to eif :er rAbrnefut llF,yfnent or otherwise modify agtorli:ation <br />el the sums secured by this Deed of Trust by reason of any demands made by the original BortotviSY and' BOrfoweeg successors in Interest <br />(b) Lender' sPowers. Withoutaffectingtheliabilityofanyoth erpersonliableIofthepaymeA. 0. tanyobligabanhereinmentioned .andwithoutaffecting <br />tF.e'lien or charge of this Deed of Trust upon any, portrert of the Property not thenprtheretofore released as secunfl firthefull amount of all unpaid obligations. <br />so Irap14. (iq; extend the maturity or alter jury of the terms of any such obll@letions, (in) <br />Lender may, from tfine to time and without notice S1),rialease any person <br />grant other indulgences. (iv) release or reconvey. e1 c apse to be released or recailveyed at anytime at Lender's opttans any parcel, portion or all of Ilia Property. <br />- ( v) takeorreleaseanyotheroradditionalsecurityfGraRFJ obligationhereinmentiCged .or(VQrrlake ca- m1posllronsor other arrangements with debto )tif'irelation <br />thereto. <br />(c) Forbearance by Lender Not Waiver. Any forbearance by Lender in exercising any righCor,remedy hereunder, or otherwise afforded by applicable <br />i <br />' <br />- law, shall not be a waiver of or preclude the exercise of any such right or remedy. The procurement of insurance or the payment of taxes or other Iten&c.r charges <br />by Lender shall not be a waiver of Lender's nghLlaaccelerate the maturity of the indebtedness secured by this Deed of Trust <br />(d) Successors and Assigns Bound: dalnCsnd SewrN Liability; Capllons. The covenants and agreements herein contained shall bind, and. tfte rights <br />' hereunder shall inure to. the respective succeswirsand assigns Of Lender and Borrower, subject to the provisions of paragraph 8 (e) hereof All t:661?ants and <br />agreementsof Borrower shall be joint and several The captions and headings of the paragraphs of this Deed of Trust are for convenience only andare not to be <br />gsed to interpret or define the provisions hereof <br />. (e) Request for NotkelL Theparlies hereby request that a copy of any notice of default hereunder and a copy of any notice of sale hereunderbe mailed to <br />eazh party to this Deed of Trust at'ttima' ddress set forth above in the manner prescribed.by applicable law Except for any other notice required under apliceble <br />favor to be given inanother manner. imy notice provided for in this Deed of Trust shall be given by math ing such notice by c ertif ied may addressedth the other <br />parties, at the aadmn set form above <br />Rey notice provided for m this Dapd of Trust shall be deemed to have been given to 45&- •Irer or Lender when given in the manner designated: hrwith. <br />(f) IrApsellon. Lender may makeor cause to be made reasonable entries upon and inspections of the Property. provided that Lender SIIAMO�v. Borrower <br />notice prior to any such mspeclibn specifying reasonable cause therefor related to Lender's mterest in the Property. <br />(g) Hilcorneyance. Upon payment of all sums secured by this Deed of Trust. Lender Shall request Trustee to reconvey the Property and shall'eurrender <br />this Deed of Trust and all notes evidencing indebtedness secured by this Deed of Trust to Trustee Trustee shall reconvey the Property withoutwarTanty and <br />,i <br />without charge to the person or persons legally entitled thereto Such person or persons shall pay at; costs of recordation. if any <br />(h) personal fiffropef ty. SaeurityAgreemenl. AsadditionalsecurityforthepaymentOftheNoteallfix tures. equipment. and other personal property used <br />andnot otherwisedeclaredordeemedtobeapartoftherealestatesecuredhereby .shall be <br />mconnectionwiththerealestateori mprovementslocatedthereon. <br />subject toa security interest in favor of the Lender under the Nebraska Uniform Commercial Code This instrum,!nt shall be construed as a Security Agreement <br />-- <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 rights and remedies created under <br />and accorded the Lender pursuant to this Deed of Trust <br />(il SwerarWly. In the event that any provision of this Deed of Trust cantliclwith applicable law or are declared invalid or otherwise unenforceable- such <br />conflict or invalidity shall not affect the other provisions Of this Deed of Trust or the Note which can be given effect Without the confiicting provision, and to this <br />r <br />end the provisions of the Deed of Trust and the Note are declared to he severable <br />Borrower has executed this Deed of Trust the dale Written above <br />Ma Job) Borrower <br />(Bonnie D. Jab) <br />