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<br />89- 101563
<br />(p) IfTrustorisnotanindividual ,theissuance. safe, transfer, assignment ,contretfooeorencumbrance ofmorethanatotal
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<br />of . percent at (it a corporation) its issued and outstanding stuck cr (it a partrershpp;) a total of percent of
<br />partnership Interests during the period this Deed of Trust remains a flan on the Pmpeiftt.
<br />12. Pe rAKO e; AecNsrallon Upon OefautL In the event of any Event of Default Lender matt; wilhaut notice exceptps required by
<br />law, duclare all indebtedness secured hereby to be due and payable and the same shall thereupon, become due and payable
<br />without any presentment, demand, protest or notice cf any kind. Thereafter Lender may-
<br />(a) Demand that Trustee exercise the POWER OF SALE granted herein, and Trustee shall thereafter cause Trusters
<br />Interest in the Propafif to be sold and the 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) Commence an action to foreclose this Deed of Trust as a mortgage, appicinta receiver, or specifically enforce any ofthe
<br />covenants hereof.
<br />No remedy herein conferred upon or reserved to Trustee cr Lender is intended to be exclusive of any other remedy herein, in the
<br />Loan Instruments or bylaw provided or permitted, but each shall be cumulative, shall be in addition to 6erj -'60- r..ramedy given
<br />hereunder, in the Loan Instruments or now or hereafter existing at taw or in equity or by statute, and may he d7** harms obncurrentty,
<br />independently or successively.
<br />13. Thafte. The Trustee may resign at any time without cause, and Lender may at any time nd. wIWx; t cause appoint a
<br />successor or substitute Trustee. Trustee shalt not be liable to any party, including without limitation Lendbr, Borrower. Trustor or any
<br />purchaser of the Property. for any loss or damage unless due to reckless or willful misconduct and shall not be required to take any
<br />acfion in connection with the enforcement of this Deed of Trust unless indemnified, in writing, for all costs, compensation or
<br />expenses which may be associated therewith. In addition, Trustee may become a purchaserat any sate of the Proper j eudicial or.
<br />under the power of sale granted herein); postpone the sate of all or any portion• of the Property. as pmiWed_ by law; or sell the
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<br />Property as a whole, or in separate parcels or lots at Trustees discretion.
<br />14. Fees and Egnrisee. In the event Trustee sells the Property by exercise of power of safe. TrutWftte a .IA: a entitled to apply
<br />any sate proceeds first to payment of all costs and expenses of exercising power of sale. including all Trwr�s `cm and Lenders
<br />and Trustee's attorney's fees, actually incurred to extent permitted by applicable law. In the event Borrower or T r ;.tscsrea<ercises any
<br />right provided by law is cure an Event of Default, Lender shall be entitled to recover from Trustor all costs and n;3es actually
<br />incurred as a result of Trustor s default, including without limitation all Trustee's and attorney's fees, to Ute tir.tri:'permitted by
<br />applicable law.
<br />15. Future Advanem. Upon request of Borrower. Lender may, at its option, make additional and: f"ut r e. dances and re-
<br />advances to Borrower. Such advances and readvances, with interest thereon, shall be secured by this time shall
<br />the principal amount of the indebtedness secured by this Peed of Trust, not including sums advanced toprVw—t ti-e.. security of this
<br />Deed of Trust exceed the original principal amount stated herein, or $ Ag-Opp.pn whichever issreater. ,
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<br />16. MieeeMansous Frovialons.
<br />(a) Borrower hot Released. Extension of the time for payment or modification of amortization of the sums secured by t>:is
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<br />Deed of Trust graMiid:by Lender to any successor in interest of Borrower shall nct operate to release, in any marrer. the liability
<br />of the original Mr►r,*ynir and Borrower's successors in interest. Lender shall not be rrrqulrgd to commence prcceei,'hgs against
<br />such sucressorr�r. ..rgftgse to extend time for payment or otherwise modify amcrtizatfott. out .Me sums secured by thi Deed ofTrust
<br />by reason rat.dirV demands made by the original Borrower and Borrower's successors in interest.
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<br />(b) LendiWis Powers. Without affecting the liability of any other person liable for the payment of any obligation herein
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<br />mentioned, and without affecting the lien or charge of this Deed of Trust upon any portion of the Property not then or theretofore
<br />released as security for the full amount of all unpaid obligations. Lender may, from tirre to time and without notice (i) release any
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<br />person so liable. (it) extend the maturity or alter any of the terms of any such obligati ins. (iii) grant other indulgers, s, (iv) release
<br />or reconvey. or cause to be released or reconveyed at anytime at Lenders eptibn any parcel, portion or all cF:Ii+: Property.
<br />(v) take cr release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other
<br />arrangements with debtors in relation thereto.
<br />(c) Forbear2ac* ITV Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy `Sreunder, or
<br />otherwise afforded' hit applicable law, shall not be a waiver of or preclude the exercise of any such right cr riamedy. The
<br />procuterii9rit of irip imice or the payment of taxes or other Ilene of charges by Lendet shall not be a waiver of Lvi-. ter's rightto
<br />accelartfif the malnifv of the Indebtedness secured by this Geed of Trust.
<br />(d) Succesawnt atird Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein con-
<br />tained shall bird, and the rights hereunder shall mt,re to, the respective successors and assigns of Lender and Trustor. All
<br />covenants and agreements of Trustor shEli be Joint and several. The captions and headings of the paragraphs of this Deed of
<br />Trust a(<t for convenience only and ale act to be used to interpret or define the provisions hereof.
<br />(a) Roquestfor Notices. The pai ea hereby request that a copy of any notice of default hereunder and a rx::y of any notice
<br />of sale hereunder be mailed to each party to this Deed of Trust at-the address set faf'tt above in the mza,,I_:er pvescribed by
<br />applicable law. Except for any other notice required under applicabla law to be giver, H1 another marner. .irri ilotice provided
<br />for in this Deed of Trust shall be given by mailing such notice by certifieq rr ia,,f addressed to the other pan :,iin, : t the address set
<br />forth above. Any notice provided for in this Deed of Trust shall be eNectiv6' upco niriiurig in the manner "d>.t:Vated herein. If
<br />Trustor is more than one person, notice sent to the address set forth above shall be r�Oice to all such pemCna.
<br />(q inspection. Lender may make or cause to be made reasonable enures upon ,htdinspections of the,
<br />that Lender shall give Trustor notice prior to any such inspection spec,h,ir.; reascriat:le cause therefor re'(Wi4 to Lender's
<br />interest in the Property.
<br />(g) Reconveyance. Upon payment of all sutras secured by this Deed of Trust, Lenw?i ::hall refit =isfil Trustee to reconvey the
<br />Property and shall surrender this Deed of Trust and all notes evidencing indebtedness' :rir :u -sd blil ;` s Deed of Ti1,r' to Trustee.
<br />Trustee shalf reconvey the Property without warranty and without charge to the plim-to,, or persons legally entilied thereto.
<br />Trustor shall pay all costs of recordation, if any.
<br />(It) Personal Properly; Security Agreement. As additional security for the payment of the 11cio, Trustor hereby grants
<br />Lvjider under the Nebraska Uniform Commercial Code a security interest in all fixtures, equipment, and other personal propettir
<br />used in connection with the real estate or improvements located thereon, and not otherwise declared or deemed to be a part of
<br />the real estate secured hereby This instrument shall be construed as a Security Agreement under said 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 Dead of Trust: provided that Lender's rights and remedies under this paragraph shall
<br />be cumulative with, and in no way a limitation oh. Lender's rights and remedies under any other security agreement signed by
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<br />Borrower or Trustor.
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<br />M Liens and Encumbrances. Trustor hereby warrants and represents that there is no default under the provisions of any
<br />mortgage, deed of trust. lease or purchase contract describing all or any part of the Property. or other contract, instrument or
<br />agreement constituting a lien or encumbrance against all or any part of the Property (collechveiy. "Liens"), existing as of the
<br />date of this Dead tit Trtmt, nno that any snit ail e=rstng Ilene remain unmodified except as d:Wose d W Le ilor ir! Trustor'^,
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<br />written disclosure of bens and encumbrances provided for herein. Trustor shall tmtely perform all of Trustr's obligations.
<br />covenants. representations and warranties under anyarid all existing and future Lieno, shall promptly forward to Lender copies
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<br />of all notices of default sent in connection with-any and an existing or future Liens, and shalt not without Lender's prior written
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<br />consent in any triannor modify the provrs,.(_ij of or allow any future advances under any existing or future Liens
<br />01 Apptiea*n of Payments. Unieso otherwise required bylaw. sums paid to Lender hereunder, including without limitation
<br />vaiirnonte of principal, and •niotelst insurance proceeds. condemnation proceeds ants rents and profits shall bo applied by
<br />Lender to the amuuntsidue and owing from Trestur and Borrower in such order ns Lender in res so -'d discretion deerns des,rabte
<br />(ill Sevarallift. It any pisvision of this Det;d Of Trust conflicts Min applicable +aw or is declared uivaii(f of _t iervjiso
<br />unernf :,rceBDte. Stich L ._2r.flict or :nVaidtly shat: not aflact the otter prov.SOns of this DE,ed of Trust or the Note ooijch can bu
<br />Gi,ier; e'rfixtw,thout tr:e t.c r.flictiny prr vtwon. and to tni(t end rho prows. Sns of this L'eed of tr,5tand the NJttlare rla,�irired to t;v
<br />gri78er blo
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