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<br />fi Emfnenl Doettin. Lendet is hereby aSSigned all compensation. aiaards dAm,190S and other payments or reiiel
<br />condemnation or other taking of Ines Property or part thereof. or for conveyance in hnu of connmmnation Lender snail be enl
<br />prosecute In Its own name anV aCIiOn or proceedrtigs and snail also be entitled to make any cornplomise or settlement in c
<br />even) any portion of the Property is so taken or damaged. Lender shall have the option. in Its solo and absolute discrehol
<br />therefrom all costs and expenses Incurred by it in connection with such proceeds. upon any indebtedness secured hereby an
<br />apply all such Proceeds. after such deductions to the restoration of the Property upon such conditions as Lender ma
<br />indebtedrum shall not extend or postpone the due data of any payments under the Note. or cure any default thereunder c
<br />7 Performance by Leader. In the event of Borrower's failure to perform any of the covenenis herein or make any Pay
<br />legal proceeding Commence J which materially affects Lendursidomslift "aProperty Lend'imayinrtsowndlscrefinn but
<br />to or demand upon Borrowal.. rawilAout releasing Borrower from any obligation doanyaclwhichthefttowerhasagreei
<br />deems necessary t0 protect I" se vwdy hereof Borrower shall. Immediately upon demand therefor by Lender pay to Len
<br />expanded by Lender in connection with the exercise by lender of the foregoing rights. together with 10161`051 thereon at theta'
<br />the indebtedness secured hereby Lender shall not incur any personal liability because of anything it may do at omit to dS
<br />CQ e. Etfenta al 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. orfal
<br />Borrower to Lender;
<br />0 (b) A breach of or default under any provision contained in the Note. this Dead of Trust, any docu
<br />encumbrance upon the Property;
<br />0 (c) A writ of execution or attachment or any similar process shall be entered against Borrower which Shi
<br />thereof or interest therein;
<br />(d) There shall be filed by or against Borrower an action under any present or future federal. state
<br />bankruptcy, insolvency or other relief for debtors; or there shall be appointed any trustee. receiver or liquidator of
<br />the rents, issues or profits thereof. or Borrower shall make any general assignment for the benefit of creditors
<br />(a) The sate, transfer, assignment. conveyance or further encumbrance of all or any part of or any
<br />involuntarily, without the express written consent of Lender
<br />(f) If Borrower is not an individual, the sale. transfer, assignment, conveyance or encumbrance of more
<br />issued and outstanding stock or (if a partnership) -- percent of partnership ante ests.
<br />g. Rantaillm Ac"Wrallon Upon Default- In the event of any Event of Default Lender may declare all indebtedness
<br />sameshall thereupon become due and payable without any presentment. demand, protest or notice of any kind. Thereail
<br />(a� Demand that Trustee exercise IN POWER OF SALE granted herein. and Trustee shall thereafter cau
<br />and tir e>llinceeds to be distributed, nii. M. .e manner provided in the Nebraska Trust Deeds Act.
<br />(b) Either in person or by agent., witR or waha•.rf bringing any action or proceeding. or by a receiver a
<br />adequacy of its secunty,, W.er upon and take possessiom of the Property. or any part thereof, m ifs own name or in
<br />it deems necessary .V. ftstrabte to preserve tie vat',rre marketability or rentability of the Property, or part th
<br />therefrom orprotecttscesecurity hereofand. wlth.o* without taking possession of the Property, sue for or othem
<br />including those past due and unpaid. and apply the same. less costs and expenses of operation and collection ini
<br />secured hereby. all in such order as Lender mavdelermine. The entering upon and taking possession of the Pr
<br />profits atasltheapplication thereof as atoresaid..,M- 10 ?t cure or waive any default or notice of default hereunde
<br />default or pursuant to such notice of default and: no. .tnstanding the continuance in possession of the Prope .
<br />rents, issues er pro`%ts. Trustee or Lender shall be ent Cllr t0 exercise every right provided for in any of the Low
<br />event of default. incuu Sing 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 specifier
<br />No remedy heretnconferred upon or reserved toTmrstea or lender is intended to be exclusive of any other reined )) hereto of
<br />cumulative. shalt be to addition to every other remedy given hereunder or now or hereafter existing at taw or ur tit ity art
<br />independently or successively.
<br />tn. Truere. The Trustee may resign at any time without cause. and Lender may at anytime and witncL, .Cm;se apt
<br />shall not be liable for any loss or damage unless due to actionable negligence or willful misconduct, and sna- Rot t -req
<br />enforcement of lt5s Deed of Trust unless indemnified, in writing, for all costs, compensation or expenses which .hay be
<br />become n purchaserat amy sale of the Property ( judicial or undecthe power of sale granted herein). postpone the saseeif all o
<br />r or sell the Property as a whole, or in separate parcels or lots
<br />11. Future Advance*. Upon request of Borrower. Lender may. at its option, make additional and future advances as
<br />readvances. with interest thereciv. shall be secured by this Deed of Trust At no time shall the principal amount of the inde
<br />clitAing sums advanced to protect the security of this Deed of Trust. exceed the or:ginal prince pal amount stated herein, or
<br />greater.
<br />12. 11Na11rteous Proviatona.
<br />1 (a) torrovvsr Not Retasod. Exterrstan of the time for payment or modification of amortization of the
<br />Lender to any successor in interest of Scrccwer shah ^,at operate to release. In any manner, the lability of the(
<br />interest. Lender shall not be required to commer,c.epreceedingsagainsi such successor or refuse to extend Sim
<br />of the sums secured by this Deed of Trust by reason,bf any demands made by the on.9mal Borrower and Borr
<br />(b) lender's Palesem.Withoul affecting the liability of any other person habui 1a 7tne payment of any ON
<br />the lien or charge of this Oeedof Tcr:st upon any portion of the Property not then or theretofore released as sec(
<br />Lender may, from time to time and urimr ut notice (i) release any person so liable. (is) extend the mature r' & all
<br />grant other indulgences. f,%* release or reconvey, orcause to be released or reconveyed at anytime at Lenlea's i
<br />(v) take or release any otter. oradditional security for any obligation herein mentioned.ot f vi) make compos,ttor
<br />thereto.
<br />(c) Forbearance by Lender Not a Waiver. Any forbearance by Lender in exerctsing any right or remedy
<br />law. shall not be a Waiver Of or preclude the exercise of any such right or remedy. The procurement of insurance
<br />by Lender shall not be a waiver of Lerders right to accelerate the maturity of the Indebtedness secured by th
<br />(d) Sueoasson and Assigns 6altwd: Joint and Sarerat llablll(y; Captions. The covenants and agreem
<br />hereunder shall inure to, the respeerive�scccessors and assigns of Lender and Borrower. subject to the provrsi,
<br />agreements of Borrower shall be jointardseveral. The captions and headings of the paragraphs of this Deed of
<br />used to interpret or define the provisions hereof.
<br />(e) Rpwatforpiofices. The par ies hereby request that a copy of any notice of default hereunder and ac
<br />each party to this Deedo` Trust at theaddress self ofth above in the mannerpreser(bed by applicable law. Excel:
<br />law to be given in aroCher manner, ariy notice provided for in this Deed of 'r rust shat) be given by reading such
<br />parties, at the addres9 set forth above.
<br />Any notice provided for in this Deed of Trust shall be deemed to have been given to Borrower or Lender whet
<br />(f) Inspection. Lender may make or cause to be made reasonable entries uporta .d inspections of the Pr
<br />( notice prior to any such inspection specifying reasonable Cause theref or related taCender's interest in the Pr
<br />(g) peconwyanee. Uperrpg3mentof all sums secured by this Deed ofTrust, ender shall requestTrus'
<br />th191Deed of Trust and all notes evrti;+ncing indebtedness secured by this Deed of Trust to Trustee Trustee sr
<br />without charge to the person or persons legally entitled thereto. Such person or persons shall pay all costs o'
<br />i (h) Personal Property, Security Agreement. As additional security for the payment of the Note all lxtun
<br />in connection with the real estate or improvements located thereon, and not otherwiW- eclared or deemed to b(
<br />subject too secunty interestin favor of the Lender under the Nebraska Uniform Commercial Code Thisinstrur
<br />under said Code. and the Lender st+alt have all the rights and remedies of a secured party under said Code in a
<br />and accorded the Lender puree. -zi 6 this Deed of Trust
<br />(i) Severabli ty. In the event that any provision of this Deed of Trust conflict *r tftapplicablmladvor are di
<br />conflict or invalidity shall not affect the other provisions of this Deed of Trust ortftei e Which ca. ^•ber;uenei'
<br />end the provisions of the Deed of Trust and the Note are declared up be severable).
<br />Borrower has executed this Deed of Trust the date written above.
<br />(Ronald C 4Shn aw )
<br />e Non
<br />IV rma J w )
<br />r Procetrtls i in Connection with
<br />ritun to commence. appear in and
<br />nth such taking or damage In the
<br />II such Proceeds alter deducting
<br />let as lender may determine. or to
<br />Any application of Proceeds to
<br />red hereby. or it any act is taken or
<br />nation to do so. and without notice
<br />d0 and may also do any other act it
<br />, and expenses Incurred and sums
<br />n the Note, which shall be added to
<br />hen due any other indebtedness of
<br />secures the Note. and any other
<br />lien on the Property or any portion
<br />tuts, law or regulation relating to
<br />of all orany part of the Property. or
<br />the Property, either voluntarily or
<br />__ percent of ht a corporation) its
<br />-aby to be due and payable and the
<br />ray:
<br />s interest in ".e Property to be sold
<br />a court and without regard to the
<br />the Trustee. and do any acts which
<br />crest therein, increase the tVome
<br />ie rents. issues and profits thereal..
<br />neys' tees, upon any indebtedness , _ -
<br />,ollection of such rents, issufta?1C: '
<br />;a any act done in response tasi"h
<br />llection, receipt and applicat:oaot'
<br />s or by law upon occurenCQQf amy
<br />t
<br />any of the covenants hereof:
<br />i-
<br />ided or permitted, but each shall be =
<br />ltd may be exercised concurrently.
<br />z _
<br />rssor or substitute Trustee. Trustee
<br />r any auhu„ i6 GJiiiwuEvri cat.: 11Z - - -
<br />herewith. In addition, Trustee may
<br />of the property, as provided by law: `
<br />es to Borrower Such advances and
<br />cured by this Deed of Trust. not in-
<br />29 which 'Vesis
<br />Id by this Deed of Trust granted by
<br />ower and Borrower's successors in
<br />at or otherwise modify amort: zalfon
<br />assets in interest
<br />i n mentioned, and without ame-cling —_
<br />ul I amount of ail unpaid obligations.
<br />terms of argsuch obligation (a)
<br />aarcel. portion or allot the Picperty.
<br />rangements with debtors iii /re;ation
<br />or otherwise afforded by applicable R
<br />?nt of taxes or other hens or charges -''
<br />rust.
<br />contained shall bind, and the rights
<br />raph 8 (e) hereof. All covenants and
<br />r convenience only and are not to be
<br />otice of sale hereunder be mailed to
<br />er notice requ fired under applicable
<br />:rtdred fried •rddressed to the other
<br />a manner designated herein.
<br />ded thatLender shall give Borrower
<br />rey the Property and shall surrender
<br />I the Property without warranty and
<br />i. it any
<br />,it. and other personal property used
<br />1 real estate secured hereby. shall be
<br />P construed ass Security Agreement -
<br />e rights and remedies created under
<br />id or oMerw;5e unenforceable, such
<br />the co-e,Jct;ng provision, and to this
<br />A
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