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<br />89-101550
<br />(g) if Trustor is not an individual, the Issuance. sate, transfer, assignment, conveyance or encumbrance of more than a total
<br />of percent of tit a corporation) its issued and outstanding stock or (it a partnership) a total of percent of
<br />partnership interests during the period this Deed of Trust remains a lien on the Property.
<br />12. Rsntsdles; Aeesieratlon Upon Debuit in the event of any Event of Default Lender may, without notice except as required by
<br />r law. declare all indebtednness secured hereby to be due and payable and the same shall thereupon become due and payable
<br />11 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 shall thereafter cause Tmstor's
<br />Interest in the Property to be sold and file proceeds to be distributed, all In the manner provided in the Nebraska Trust Deeds
<br />Act;
<br />(b) Exercise any and all rights provided for in any of the Loan Instruments or by law upon occurrence of any Event of
<br />Default and
<br />(c) Commenicedli* tion to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the
<br />covenants hereof:
<br />.:4 V2 remedy flaraln confefted! t)(igts OT,- rmi slyer to Trustee Br Lender is intendedia be exclusive of any other remedy herein, in the
<br />!~Ban Instruments or 15y l;tsV'ptrrirjr iA rp1; j; itted, ititr.gach shall be cumulalisiia;_shalt be in addition to every other remedy given
<br />fi+aunder, in the Loan lriinjnr !raj r�asrNar fierripiit3� existing at law Orin QgtJit� :rr by statute, and may, be exercised.concurranUrr
<br />41iompendentfy or succgii vilty! :'
<br />;. r13. Trusted. The at ary- _t'.r+�r 4ilhout cause, arid. 1oIgEr-.r may at anytime and without cause aipoint I
<br />` 'successor or substitute Trili:'G 91 tiiGtfii3 shall not be litbleto any pangs'Incl4dit -q. without limitation Lender, Borrower, Tit,rcor any
<br />purchaser of the Property, fa'r•any (a3 ilr damage unless due to ref*japogi i !illfuf misconduct and shall not be mqufreikto take any
<br />action in connection with the enforcement of this Deed of rgili unit fjki _mnified, in writing, for all costs, rolrpgnsation or .
<br />- lexpenses which may bF"sOciatedlherewith. In addition, Trustee.rnddhik a purchaser at any sale of the Profier€y ijudicial or
<br />under the power of sale granted herein); postpone the sale of Ali a-' and � "an of the Property, as provided fey: If)'W# or sell the
<br />Property as a whole, or in separataparcets or lots at TrusteaVdiecretion. :-
<br />14. Fass and Ettpsnses, In I( ('<(W#n•t Trustee sells the Prapdr{y by exercise of power of sate, Trustee shall be-airiNfO�d to apply
<br />any sate proceeds first to paymer;t *frtll ,ai sts and expenses of:(Yprrcising power of sale, including all Trustee's feat Lender's
<br />and Trustee's attorney's tees, actually lttoujred to extent permitted by applicable law. In the event Borrower or Trustor b ,hsreises any,
<br />i iaht provided by law tti cure an,Event of Default, Lender shall be entitled to recover from Trustor all cdMi"htre expenses actually.*..
<br />;. incurred as a result at.Trustor's default including without limitation all Trustee's and attorney's fess;Aa.ff;ts extent parmifted:fix'
<br />:applicable law.
<br />15. Future Advarim. Upon request of Borrower, Lender may, at its option, matte additional and future advances and 'rH
<br />advances to Borrower. Such advances and readvances, with interest thereon, shall be secured by this Deed of Trust At no time aftaf
<br />the principal amount of iheindebtedness secured by this Deed of Trust, not including sums advanced to protect the security of "III.(
<br />Reed of Trust exceed ti?17 l hginaf principal amount stated herein, or S A, pp . 00 whichever is greater.
<br />16. MiaeaMartaolr i�r�aeistorts.
<br />(a) Borrower flat Weleassd. Extension of the time for payment or mod{fii:ation of amortization of the sums secured by this
<br />Deed of Trust granted by Lenderto any successor in interest of Borrower shall riotaper;tr to release, in any manner, the liability
<br />of the original Borrower arid Borrower's successors in interest Lender shaft r: r be rii ,,,find to commence proceedings against
<br />such successor or r+kfuse to extend time for payment or otherwise modify arrurtizst c— r:di.ne sums secured by this Deed of Trust
<br />by reason of any demands made by the original Borrower and Borrower', : :l -essc s in interest
<br />(b) Lender's Powers. Without affecting the liability of any other parsf , 'r?cie ":r the payment of any obligation herein
<br />mentioned, and without affecting the lien or charge of this Deed of Trust up:.:'i : -3 M arti.r:r of the Property not then or theretofore
<br />released as security for the full amount of all unpaid obligations. Lender mat;. from I* time and without notice (i) release any
<br />person so liable, (ill extend the maturity or alter any of the terms of any sLdi cL• :igatrors, t, :r) grant other indulgences, (iv) release
<br />or reconvey, or caww to be released or reconveyed at any time at Lenders option any parcel, portion or all of the Property,
<br />(v) take oi ealeme zrsv other or additional security for any obligation he•:e01 mentioned, or (vi) make compositions or other
<br />arrangenr;e•,is with d&btors in relation thereto.
<br />(c iYorbearsrtce by Lsndw Not al Waiver. Any forbearance by Lender in exerc{si ^g any right or remedy hereunder, or
<br />otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. The
<br />procurement of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's right to
<br />accelerate the maturity of the indebtedness secured by this Deed of Trust.
<br />(d) Sucesssors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein con-
<br />tained shall bind, and the rights hereunder shall inure to, the respective successc'�� and assigns of Lender and Trustor. All
<br />covenants and agreements of Trustor shall be joint and several. The captions and headings of the paragraphs of this Deed of
<br />Trust are for convenience only and are not to be used to interpret or define the provisions hereof.
<br />.(61 l9"velt*w M etk:es. The parties hereby request that a copy of any notice of default hereunder and a copy of any notice
<br />of sale hereundtr-&c mailed to each party to this Deed of Trust at the address set forth above In the manner prescribed by
<br />applicable taw. Except for any other notice required under applicable law to be given in another manner. any notice provided
<br />for in *hus Geed of Trust shall be given by mailing such notice by certified mail addressed to the oil er parties, at Me a0ress set
<br />forth ahs'��- Any notice provided for in this Deed of Trust shall be effective upon marling in the manner desigr,wad herein. If
<br />Trustor Is more than one person. notice sent to the address set forth above shall be notice to all such persons.
<br />(f) Inspection. Lk7de► may make or cause to be made reasonable entries upon and inspections cf the Property, provide.-1
<br />that Lender shall give Tnlslor notice prior to any such inspection spec)tyirg reasonable cause tth'elafor related to Lenders
<br />interest in the Property.
<br />(g) Reconveysncl. Upon payment of all sums secured'by this Deed cf Trust, Lender shall request Trustee to ra onvey the
<br />Property and shall surrender this Deed of Trust and air ; rctus evidencing indebtedness secured by this Deed of Tnj3t to Trustee.
<br />Trustee seal► re6G:,vay the Property without warranty anil without charge to the person or persons legally entitled thereto.
<br />Trustor shall pay al mustsfof recordi ;urn, if any.
<br />(h) Personal Property, Sacw#i Agreement. AL additional security for the payment of the Note, Trustor hereby grants
<br />Lender under the Nebraska Uniform Commercial Code security interest in all fixtures. equipment, and other personal prope'ty
<br />used inconnectron wish the real estate or improvements located thereon, and nototherwtse declared or deemed to be apart of
<br />the real estate secured hereby This instrument shall be construed as a Security Agrc.dment under sad Code, and the Lender
<br />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. provided that Lender's rights and remedies under this paragraph sha!t
<br />be cumulative with, arid in no way a limitation on. Lender's rights and remedies under any other sec.rrrty agreement signed by
<br />Borrower or Trustor
<br />(r) Lions and Encumbrances. Trustor hereby warrants and represents that there is no default under the provisions of any
<br />mortgage, deed of tru =!, lease or purchase contract describing all or any part of the Property. or other contract instrument or
<br />agreement constr,utnga lien dr encumbrance against all or any part of the Property (collectively "Liens'), existing asof the
<br />date of this Deed of Trust and that any and all axis ".rng Liens remain unmodrf:ed except as disclosed to Lender in TruStor's
<br />�iirt;Err. (jrsc,tt;r5ur� of "er'S i0a; GnCUt +, "vrarrt:e5 P° Uvi:lvti fur hereon Ttus!ur sfra'i tent *iy Peifvrnr ail of Truster's o5'rg3t-Ons.
<br />covenants, MEprosentat-ons arrd warranties under an, and a r exishr•g and future Uer,s. Shall promptly forward to Lender copses
<br />1 of all rrot;ces of defau't sent in connection w,tr, ar'y aril aN existing or future Liens. and Shan not without Lender's prior woolen
<br />L consent in any manner mod.ty the provision? .)f o• al:o v any future advances under any ex sting or future Lters
<br />() AppikatonOtPsyments. Unlr -.,ss w?,, rw.8e rtYau red by taut. sun-.S pa,ci to Le'rher hereur•9er. includ -ng wrtr•out I rr to ?.cn
<br />payrr.er,73 Of pore-_ �a'• and Interetit. insurance prbcfedg. f 1r.dCrrnat.o^ orcceeds and rerts ar•d Lrof,ts. Shall De app, -ed by
<br />Lender to file am;.;,rt> due an•d o+vrng from Trumo` arf9 Bono rier , n Sseh order as Lu-'-Vt F. its Sole d •scrRion deer's dpsrrat'e
<br />10 $e;r!►sb". 11 any provision Of th,s Deed of rti st Lott' G'.S ef:' r avo:icat'o laiv pr is declared !oval :d or ot}' erAise
<br />unen ?anzeaVe such conf{tct o; invalidity shill{ rr ,t 3fffit •''P otter prC +,5o ^S Crr rF S Deed r,t Trust Jr "'e No!e wt, . ^r- .ar- be
<br />(j :i!}f%t;°tt;'! watt? ff-. f: t!:=' C- r- irrC`- ngp' 7. 1: 5' rl' zc7rflt :rtrg�.;jt�•gp.'6Jr9'G'SG``r yCTnL�, 7t5tTruStit` tQt *`1t,i, "t*1rHtt�cr3rE= 91'?[r`
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