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6 Ernlnent Damaln Lendnf is hereby ass;9ne0 all comp; nsalion awards images dnu dlher pdyniciol5 Ot 1-0,01 thereinalTer PiOCeeds 1 in conneclnin wnh
<br />condemnation or '?1Bk,ng Otlho Ptapetly OrpattlhOreat or for C unvoynnCe in lieu et condemnation Ioncipr sh.111 tie ent•lipt.1.1t i15 option to commence appearmand
<br />prosecute in dg Own name any achun Or tit oceedings and Ltlall al$U be enlilleil to ntdkeany compfoinise of Settlement in connection with such taking or damage In the
<br />event any (fortrnn of the Property rs so Inken or cl9maged Lpr`1or shall Finite the 0111-On in its sole and ,absolute ci,scroOon to apply an such Proceeds alter deducting
<br />therefrom nit costs and expanses mcoiled by it in connection with such procoods. upon any tntleblpdness 5CCUrC,1 hereby and in such order as Lender may deterlmne. Of to
<br />apply all such Proceeds Mier 3uch deductions to the tostoration of the Property upon ouch conditions as Lender may deleimmo Any application of Proceeds to
<br />indebtednets shall not catetld or postpone the due data Of tiny paymenls under the Nole Or cure any detault the Wunder or hereunder
<br />7 IsefterlifientillsilL~. Inibeeventoll Borrower &failure toperfarm any of the covenentS herein or make any payments required hereby. 01 it any aCtiStaken or
<br />legal proceeding commencedwhich materially affects Lenders interest in the Property Lender may in its own discretion but without obligation todoso and without notice
<br />to or demand upon Botroi ver and without releasing Borrower from any Obligation dc, anvtCt which the, Borrower has agreed but falls to do and may also doany other act it
<br />deems neceassry to protect me iacutdy hereof Aorrower shall. immediately upon demand therefor by Lender. pay to Lender all costs and expenses incurred and Sums
<br />expended by lender in connection with the exerctseby Lender of the foregoing fights togethrrwithinterestthereonattherateProvidedintheNote .whichshall boaddedto
<br />the inff0blednet s Secured hereby Lender shall not incur any personal liability because of anything it may do of omit to d0 hereunder
<br />8 Events a Dot". The following shall constitute an event of default under this Deed of Trust
<br />C//�Q �� is) Failure to pay any installment of principal or interest oranyolnet Sum Secured hereby whendue. ortailureto pay when due any other indebtedness of
<br />f Borrower to Lender:
<br />i- (b) A breach of or default under any provision contained in the Note, this Deed of Trust. any document which secures the Note. and any other
<br />encumbrance upon the Property.
<br />O (c) A will of execution or attachment or any similar orocess shall beentowd against Borrower which shall become a lien on the Property Or any portion
<br />O thereof or interest therein. ,
<br />JJ (d) There shall be filed by or against Borrower an action under any present or future federal, state or other sttitute. taw or regulation relating to
<br />T bankruptcy. Insolvency or other relief for debtors: or there shall beappointedany trustee. receiver or liquidator of Borrower or ofall or any part of the Property, or
<br />the rents, Issues or profits thereof, or ewr,:wer shall make any general assignment for the benefit of creditors
<br />(a) The sale, transfer, assignment- : onveyance or further encumbrance of all or any part of Or any interest In the Property, either voluntarily or
<br />AM involuntarily, without the express written consent of Lender
<br />to (1) It Borrower is not an individual, the sale. transfer. assignment. conveyance or encumbrance of more than --percent of (it a corporation) its
<br />issued and outstanding stock or (it a partnership) percent of partnership interests
<br />8. Relarldlee; AoaNration Upon Default. In the event of any Event of Default Lender may declare all indebtedness secured hereby to be due and payable and the
<br />same shall thereupon become due and payable without any presentment, demand. protest or notice of any kind Thereafter Lender may
<br />(a) Demand that Trustee exercise the POWER OF SALE granted herein, and Trustee shal I thereafter cause Borrower's i nteresi in the Property to be sold
<br />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 without regard to the
<br />adequacy of its security, enter upon and take possess ion of the Property, p% any per! thereof. on its own name or lithe name of the Trustee, and da any acts which
<br />it deems necessary or desirable to preserve the value, marketability or rentability of the Property, or part thereof or interest therein, increase the income
<br />therefrom or protect the security hereof and, with or without taking possession of the Property. sue for or otherwise collect the rents, issues and profits thereof, -
<br />including those past due and unpaid. and apply the same, less costs and expenses of operation and collection) ncluding attornays'tees. upon any indebtedness
<br />secured hereby, all in such order as Lender may determine. The entering upon and taking possession of the Property. the collection of such rents, issuesand
<br />profits and the application thereof as aforesaid, shall not cure or wa ive any default or notice of default hereunder or invalidate any act done in response to such
<br />default or pursuant to such notice of default and. notwithstanding the continuance in possession of the Property or the collection, receipt and application of
<br />rents, issues or profits. Trustee or Lender shall be entitled to exercise every right provided for in any of the Loan Instruments or by law upon occurence of any
<br />event of default, including the right to exercise the power of sate, and
<br />(c) Commence era =son to foreclose this Deed of Trust as a mortgage. appoint a receiver, or specifically enforce any of the covenants hereof.
<br />Y
<br />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
<br />cumulative. stall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. and maybe exercised concurrently, f ..'A'
<br />independently or successively. t4
<br />10. Tnlsflse. The Trustee may resign at anytime without Cause. and Lender may at any time and without cauze appoint a successor or substitute Trustee. Trustee !"
<br />_ dhIIf1 net be IiabL for anv ton or darnaoe unless due to actionable neolioence or willful misconduct and shall not he reouirpd to takes any arhnn on rnnohn
<br />nrn i4,th tho - -
<br />enfcceement of this Deed of Trust untess indemnified• in writing, fns all costs. compensation or expenses which may be associated. therewith. In addition, Trustee may
<br />become a purchaserat any sate of the Property ( judicial or under the power of sale granted herein). postpone the sale of all or any portion of the property, as provided by law:
<br />or rzell the Property as a whole, or in separate parcels or lots
<br />11. Future Advances. Upon request of Borrower. Lender may, at its option, make additional and future advances and readvances to Borrower. Such advances and
<br />readvances, with Intrrrest 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. not on.
<br />citiding sums advanced to protect the security of this Deed of Trust. exceed the original principal amount stated herein. or Sj 01.gq- .00 whichever is
<br />greater.
<br />12. MlacaNsnsous Provisional.
<br />(a) Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust granted by
<br />Lender to any successor in interest of BOn•10Wet shall not operate to release. in any manner, the liability of the original Borrower and Borrower's successors in -
<br />intetest. Lender shall not be required- tocarnmence proceedings against such successor or refuse to exlet-d time for payment or otherwise modify amortization
<br />of the sums secured by this Deed of 7 c W, by reason of any demands made by the ongmal Borrower and Borrower's successors in interest.
<br />(b) L*~sP40amWS ncutaffectingthehabi lctyofanyotherpersonliableforthet: aymentofanyobligationhat .in mentioned. and without affecting
<br />! the lien or charge of th-isCeed of Trust upon any portion o°tr:e Property not then or the7e6fore released as security for thelL,ti amount of all unpaid obligations.
<br />Lender may. from tme to time and without notice (i) release any person so liable. fit) extend the maturity or alter any of the terms of any such obligations. (fu)
<br />grant other icdulgences, (rv) release or reconvey, or cause to be reieasedc ,r:econveyed at anytime at Lenders options any parcel, ponicnor all of the Property.
<br />(v) takeorreiease any other or additional security for any ohitgation rtere,n - ner.'nxrad. or (vi) make compositions or other arrangementsvcrth debtors in relation
<br />thereto:
<br />(c) Forbsannnxmy lender Not a Waiver. Any forbearance by LecSpr met ioer.CSrig any right or remedy hereunder or otherwise afforded by applicable
<br />taw. shall not be awaaerofor preclude the exercise of any such right orremedy Ttrei rnaurementof insurance or the payment of taxes or other liens orcharges
<br />by Lender shall not be a waiver of Lender's right to accelerate the matur::y of the indebtedness secured by this Deed of Trust.
<br />(.dl. Successors and Assigns Bound; Joint and Several Llab 0r, Captions. The covenants and a >teements herein contained shall bind. and the fights
<br />hereunder shall inure to, the respectivesuccessors andassignsof Lender and Borrower, subject to their -sfons of paragraph 8 (e) hereof All covenantsand
<br />agreements of Borrower shall be joint and several. The captions arld Pleadings of the paragraphs of thryU•-e1•of Trust arefor convenience only and are not to be
<br />used to interpret Or define the provisions hereof.
<br />(e) Regr»stfo► teens". The parties hereby request Mat a copy of any notice of default hereunder zr. Cacopycf any notice of sale hereunder be mailed to
<br />each party to this Deed ofTrust at the address set forth above in the manner prescribed by applicable law. Except for any other notice required under applicable
<br />law to be given in another manner. any notice provided for in this Dees' of 7rust shall be given by mailing R;c.h notice by certified mad addressed to the other
<br />panes 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 de,_&gnated herein.
<br />(f) Inspection. Lender may make or cause to be made reasonable entras apon.andiinspections of the Property. provided that Lerd ergr¢- ..w'6give Borrower
<br />notice prior to any such inspection specifying reasonable cause therefor reklmd to Lenders interest in the Property
<br />(g) Itseonvoyanee. Upon payment Of all sums secured by this Deed G Tr'ust:4 ma'er shall requmt Trustee to reconvey the Property 2Y:a• shall surrender
<br />this Deed of Trust and all notes evidencing indebtedness secured by this Deed of trust to Trustee Truslite shall reconvey the Property mmoul warranty and
<br />without charge to the person or persons legally entitled thereto. Such person or persons shall pay all pasts of recordation, it any.
<br />(h) PersonalProparty. SecurityAgreenfenLAsadditionalsecurityforthepaymentoftheNoteallfixtures. equipment. andotherpersonaIpropertyused
<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 Commercial Code- This i nstrum,?nt shall be construed as a Security Agreement
<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 Trust
<br />(i) Sewaire". In the event that any provision of this Deed of Trust conflict with applicable law or are declared invalid or otherwise unenforceable. such
<br />conflict or invalidity shall notaftect the other provisions Of this Deed of Trust or the Note which can be given effect without the conflicting provision, and to this
<br />end the provisions of the Deed of Trust and the Note are declared to be severable 1
<br />Borrower has executed this Deed of Trust the date written above tZ L
<br />( P iii J Borrower VanDeWalle r Husband)
<br />lace ,
<br />( Sheila R. Borrower VcanDewal le , Wife)
<br />R
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