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<br />89--- 100622
<br />G Efolnent Domain. Lender is hereby assigned all compensation, awards damages and other payments or relief (howmativi PeOceeds") in connactti(in ncth
<br />Condemnation of other laking of the Properlyor part thereof, or for Conveyanco in [toil of condemnation London shall bu entitled al os option to commence appaaf to and
<br />prosecute in its own name any *clean or piocsedings and Shall also be entitled to make any compromise or reelllenianl in connecuen wiih eucn taking or damage Ile Ilia
<br />even) any portion 01 the Property is to taken Or damaged, Lender Shall leave the Option. in its solo and ab901utO detcralion. to apply all Such PrOC990s. after dedurttng
<br />therefrom all cotta and sxpensss incurred by it in connection with such proceeds. upon any indabtvdnetl secured hereby and ,n such order as (.ender may determine or to
<br />apply all such Procee t, attar such deduclians, to the restoraLan of the Property upon such Cond,teons as Lender may determine Any application of Prorendl. tit
<br />indebtedness shall not extend or postpone the due data of tiny payments under that Nato, or cure any default thereunder at hereunder
<br />T. Peflefntaeee by LelnlH. In the event of Borrower's taehlru to perform any of th,covercants herein or make any payments required hereby. at if any act it, taken or
<br />t agalproceadmgcommencedwhichrnatanallyaf fects ,L"dar'sinterestintheProperty i. nowmayinA towndiscration. butwrlroulob ligationtodogo.andwHhoulnotice
<br />to or demand upon Borrowei and without lataaamg Borrower from any obligation. do any wet which the borrower has agreed but tads to do and may also do any outer act it
<br />deems necessary to protect the security hereof Borrower shall, immediately upon demand therefor by Lender, pay to Lender all costs and expenses incurred and sums
<br />expanded by lender In connection with the exercise by Lender of the loregoing rights, together with i retaresl thereon at the lots provided in the Note. which shall be added l a
<br />the Indebtedness secured hereby Lender shall not Incur any personal liability because of anything d may do or omit to do hereunder
<br />• EwnM of fthull. The following shall constitute an event of default under this Deed of Trust
<br />(s) Failure to pay any installment of principal or Interest or any other slim secured hereby when due. or failure to pay when due any other indefetednet sat
<br />Borrower to Lender.
<br />Ib) 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 />(c) A writ of execution or attachment or any similar process shall be entered against Dori owe I which shall become alien an the Property of any 9jill Ian
<br />thereof or interest thereto;
<br />(d) There shall be filed by of against Borrower an action under any present or future federal, state or other statute. law or regulation rehiring to
<br />bankruptcy, insolvency or other relief for debtors: or there shall beappointed any trustee. receiver or liquidator of Borrower or otallor any part tit thaRroperty. or
<br />the rents, issues or profits thereof. or Borrower shall make any general assignment for the benalit of creditors
<br />(a) The sale. transfer, assignment, conveyance or further encumbrance of all or any part of or any interest in the Property, either voluntarily or
<br />involuntarily, without the express written consent of Lender
<br />(1) If Borrower Is not an individual. the sale, transfer, assignment, conveyance or encumbrance of more than percent of pt a corporation) its
<br />issued and outstanding stock or tells partnership) — percent of partnership interests '
<br />9 Reatedlet,Acceleration Upon Qefault. In the event of any Event of Default Lender may declaim alA,xi yebtedness secured hereby to bb due and gal:aSieaitd the
<br />same shall thereupon become due and payable without any presentment, demand• ptotest or no,wc of a l kin3 Thereafter Lender may,
<br />(a) Dee^ ared that Trustee exercise Ihe POWER OF SALE granted heretn. ai;-aTrna{ aysn aPthoreafter cause Borrower 's interest in the F'co{-&-ygbbesold
<br />and the proceeds to be distributed. all In the marnrer provided in the Nebraska Tress: Deeds Art
<br />(b) Either in person or by agent. with or without brmrtrng any achon oil paoceeding. aL toy a receiver appointed by a:cour: and wh1T0u7.tegard to the
<br />adegeaCy of its securely. enter upon and take possession of the Preper ty. ur any "t i ineieoi. in its own name of m flit! ,*ilia of the'iwSleei d'sh6 ao any stir• winch
<br />it deems necessary or desirable to preserve the value. marke.aCiltly or rentatAlly of the Property. or part thereof or interes5 ahe:ein :,crease the income
<br />therefrom or protect the security hereot and. ixitM oC wnllC.i! taking possession at the Ploporty. sue lot or otherwise C011ect the rents. Issues an$lip.'.o1ds thereof,
<br />including those past due and unpaid. and apply the samA tesacoslsandexpensesotoperationandcollectionericlvdingattornevs "lees.upondrtx.ndebtedness
<br />secured hereby. all in such order as Lender may de ".2r it'%Ji10 The entering upon a,,1:i aking P"sesseon of the Property. the Collection of such rents. issues and
<br />profits and the application thereof as aforesaid, shall nOto vied:• waive any def a:'z of notice oC dielault befell rider or invalidate any act done in response to such
<br />default or pursuant to such notice of default and Lioltvinseatiara the continuance in possessetm of me Property or the cottectlnn, receipt and application of
<br />rants, issues or profits, Trustee of Lender shall be anInliail to exercise every eight provided for in any of the Loan Instruments or bi%law upon occurenee of any
<br />event of default. Including the right to exercise ire power of sale. and
<br />(C) Commence an action to foreclose teas Deed of Trust as a mortgage. appoint a receiver. ur specifically enforce any of the covenants, hereof.
<br />No remedy herein conferred upon or reserved to Trustee o,.Lender is intended to beexclusrveof any other remedy herein of by law provided or permitted. but each shall be
<br />cumulative. shall be in addition to every other remedy given hereunder or now or hereafter existing at Idw or in equity or by statute and may be exercised concurrently.
<br />Independently or successively
<br />10. T -mow. The Titustee may fe'Stgn at any t!me without cause. and Lender may at ally time ant. �!!nn a Cause e!n! a Ssccetset e! st.ib-s! sum TrO_!e.e. Trustee
<br />shall not be !table for any loss or damage unless duo to actionable negligence or Willful misconduct dnd shall not be requited to take any ach:m in connection with the
<br />enforcement of this Deed of Trust unless indemnified. in veiling. for all costs. compensation or expenses whit h may be associated therewith In addition. Trustee may
<br />become a purchaser at any sale of the Property (judicial or under the power of sale granted herein). postpone the sale of all or any portion of tree property, as provided bylaw.
<br />or sell the Property as a whole. Or in separate parcels or lots
<br />11. future Advances. Upon request o1 Borrower. Lender may. at dSception. make additional and future advances and readvances to Borrower Such advances anel.
<br />readvances. with interest thereon. Shall be secured by this Deed of Trust At no time shall fne principal dmoi.nl of the indebiednrt s secutedby this Deed of trust, not Lr --
<br />eluding sums advanced to protect the security of this Deed ofTrust. exceed the Orrgneal principal amount slated herein ors greater
<br />12. 12. MiscWalleous Provisions.
<br />(a) Borrower Not Released. Extension ot.'tt,:,vr-ie far payment or modification of amor trial of the sums secured by Mis Deed of Trust granted by
<br />,Slender to any successor to interest of Borrowe ►sRa,� AO! O¢er-at�- f:o release. in any miinner. the liability of the Original Sotrower'nrid Borrowef's successors on
<br />- I Mieresl Lender shall not be required to commerceproceed., 735agai nstsuchsuccessororrefusetoextendtime farpaymentcr ,•oazrwisemodifyamortization
<br />os the sums secured by this Deed of Trust by re,+sua,of any deinands made by the original borrower and Borrower S successer%Z.i interest
<br />(b) Londeff's Powers. Without affecting xftel: iabililye of any other person liable for the payment celany obl,.qation herein WerhVed. and without affecting
<br />the hen orcharge of this Deed of Trust upon any pa:nton of the Property not then or lheretofeter re!easea as securdp tot the fuftarr, -iml of all unpaid obligations.
<br />Lender may, from time to time and without notice pi release any person so liable, (it) extend the mat u fill- at alter any of the tr;s si;t any such Obligations. Jut).'.
<br />Want other indulgences, (iv) release or reconvey,fir cause to be released or reconveyedat anytime at Lender s options any parcel..porbunor all of the Property,
<br />t's) take or release any other or additional SecunEy hu; arty atogabQn herein mentioned. or (we) make ccernp:wl �zns or other a r rangl?r,..ents with debtors to refabor:
<br />thereto.
<br />(c) Forbearance by Lender Not a Waiver- Antifdrteatdnce by Lender:nexerctsm y9 any C fight or rerredy hereunder, or otherwise afforded by applicable
<br />!ow, shall not be a waiver of or preclude the exerci se of anv such right or remedy The procu rerr-ent of in7uiance or the payment of taxes or other liens or charges
<br />by Lender shall not be a waiver of Lender's right to accelerate the maturity of the mdebtednass secured by this Deed of Trust
<br />(d) Successors and Assigns Bound: Joins and Sererit f9ability: Captions. The co-+ensntrand agreements herein contained shall band. and the fights
<br />nereunder shall inure to, the respective successors and assAgpsof Li ridelxnd Bortovier, sut,,act to the provisions of paragraph 8 (e) hereof All Covenants and,
<br />agreements of Borrower shall be joint and several The capitonsartatma- dtngsat the paragraphs o! inis Deed of Trust are for convenience only and are not tobe,
<br />used to mterplet of oeilim jke piov ;i,Jris tie,euf
<br />(e) Request for Notices. The parties hereby request thal'a capy� of aalp nclice of default hereunder and a copy of any notice of date hereunder be mailed to
<br />each party tothisDeedofTrustattneaddresssetforthaboveinthe. rirafw terprescribedbyapplicablelaw Except tot any other notice required under applicable
<br />law tobegivere in another manner, any notice provided for in this Deed of Trust shall be given by mailing such notice by certified mail addressed to the other
<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 />(I) Inspection. Lender may make or cause to be made reasonable entries upon and inspections of free Property, provided that Lender shall gave Borrower
<br />notice prior to any such inspection specifying reasonable cause therefor related to .enders interest in the Property
<br />(g) Upon payment of all sums secured by this Deed of Trust. Lender shall request Trustee to recorevey the Property and shall surrender
<br />this Dead of Trust and all notes evidencing indebtedness secured by this Deed of Trust to Trustee Trustee shall reconvey the Property without warranty and
<br />without charge to the parson or persons legally entitled thereto. Such person or persons shall pay all costs of recordation, of any,
<br />(h) Peraeeal Property. Securit yAgresakaftAsadditulnal" CurtlyforthepaymentoftheNotea ll futures. equipment, and other personal property used
<br />in connection with the feat estate or improvements located thereon, and not otherwise declared or deemed to be a part of the real estate secured hereby. shall be
<br />subject too security interest inlaiiorof the Lender under th4 Nebraska Uniform Commercial Code This lnstrumiint shall be construed asa Security Agreement
<br />under said Code. and the Lender shall have all lite 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 />(r) Soveralieft. In the event that any pictinsion of this Deed of Trust conflict with applicabfe law or are declared invalid Of 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 conflicting provision, and to this
<br />and tine provisions of trio Dead of Trust and the Note are declared to be severable
<br />Borrower has executed this Deed of Trust the date written above C-
<br />ri)�ni s D. Luton Barrdwer
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<br />c3LZ'1C18 .ax .�.i1tCr: Bonr+wer
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