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i��ll� <br />..A <br />7: <br />89-1017,03 <br />(0) It Trustor is not an individual, the Issuance, safe, transfer, assignment conveyance or encumbrance of more than atotal <br />of - percent of (if a corporation) its issued and outstanding stock or (if 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. ReirmMis; AccalleraMn Upon Debulf. In the event of any Event of Default Lender may, without notice except as required by <br />low, declare 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 of any kind. Thereafter Lender may: <br />(a) Demand that Trustee exercise the POWER OF SALE grafited herein, and Trustee shall thereafter cause Trustor"s <br />interest In the Property to be sold and the proceeds to be distributed, all In the manner provided in the7Nebraska 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, appoint a receiver, or specifically.enforce any of the <br />covenants hereof. <br />No remedy herein conferred upon or reserved to Trustee or Lender is intended to be exclusive of any other remedy herein. In the <br />Loan Instruments or by law provided or permitted, but each shall be cumulative, shall be in addition to every Omer remedy given <br />hereunder, in the Loan Instruments or now or hereafter existing at law or in equity or by statute, and may be exercised concurrently, <br />independently or successively. <br />13. TnHM*. The Trustee may resign at any time without cause, and Lender may at any time and without cause appoint a <br />successor or substitute Trustee. Trustee shall not be liable to any party, including, without limitation Lender, Borrower, Trustor or any <br />purchaser of the Property, for any loss or damage unless due to reckless or wilifui-misconduct, and shall not be required to take any <br />action in connection with the enforcement of this Deed of Trust unless indemnified, in writing, for aft costs, compensation at <br />expenses which may be, associated therewith. In addition. Trustee may become si-pu-chaser at any sale of the Property (judicial or <br />under the power.of sale granted herein); postpone the sale of all or any porticn'-o! the Property, as provided.by law, cr sell the <br />Property as a whole, or in separate parcels or lots at Trustee's discretion. <br />14. Fees and Expenses. In the event Trustee sells the Property by faxercise of power of sale, Trustee shat) be en <br />any sale proceeds first to payment of all costs and expenses of exercising power of sale, including all Trustee's fees, a d <br />and Trustee's attorney's fees, actually incurred to extent permitted by applicable law. In the event Borrower onTrustor exercils-0sany <br />right provided by law to cure an Event of Default, Lender shall be entitled to recover from Trustor all costs and expens sisactually <br />incurred as a result of Trustor's default. including without limitation all Trustee's and attorney's fees, to the extent permitted by <br />applicable law. <br />15. Future Advances. Upon request of Borrower, Lender may, at its option, make additional and future advances and re- <br />advances to Borrower. Such advances and readvances, with interest thereon, shall be secured by this Deed of Trust At no time shall <br />the principal amount of the indebtedness, secured by this Deed of Trust, not including sums advanced to protect the security of this <br />Deed of Trust exceed the cri-7. nal principal amount stated herein, or $-9.13 On -.00 whichever4 greater. <br />16. Miscellaneous Prov4"ons. <br />(a) Borrower Not Rd*esed. Extension of the time for payment or modifit.mlion of amortization of sums secured by this <br />Deed of Trust granted !P) Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability <br />of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against <br />such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust <br />by reason of any derrizrals made by the original Borrower and Borrower's successors in interest <br />(b) Lender's Powwu. Without affecting the 1.atMily 6f any other person liable for the payment of any obligation herein <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 time to time and without notice (I) release any <br />person so liable, (ii) extend the maturity or after any of the terms of any such obligations. (iii) grant other indulgences. (iv) release <br />or reconvey, or cause to be released c- reconveyed at any time at Lender's option any parcel, portion or all of the Property, <br />(v) take or release any Mier or addilycnal security for any obligation herein mentioned. or (vii make compositions or other <br />arrangements with debtdim in relation thereto. <br />(c) Forbearance by Lender Not a Waiver. Any forbearance by Lender, in exercising 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 u- charges by Lender shall not fie a waiver of Lender's right to <br />accelerate the maturity of the indebtedness secured by this Of.xd of Trust <br />(d) Successors and Assigns Bound; Joint and Several Liability; Captions. The coverianu, and agreements herein con- <br />mined shall bind, and the rights hereunder shalt e to, the respective successors 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 doling the provisions hereof. <br />amer <br />(e) Request for Notices. The p v hereby request that a copy of any notice of defsult hereunder and .9 copy of any notice <br />of sale hereunder be ma:,'ed to each party to this Deed of Trust at the address set forth above in the manner prescribed by <br />applicable law. Except loo aiiy other notice required under applicable law to be givenirp another manner, any notice provided <br />for in this Deed of Trust W-mh be given by mailing vi0i notice by certified mail addressed to the other parties, at the address set <br />forth above. Any notice provided for in this Deedof Trust shall be effective upon ma;!inj, in the manner designated herein. It <br />Trustor Is mrae than one person, notice sent to the address set forth above shall be notice to all such persons, <br />(f) Mqx0on. Lender may make or cause to be made rea-wimble entries upon and inspections of tee Pee -pief; provided <br />iolal Ler. dar shall give e Tiustor notice prior to any such inspectlen speciiNing reasonable cause therein rellair-dic; Lender's <br />irac <br />inwt ill -re PropErly <br />(g) ifl*r.on"Itaircia, lJpn payment of all sums secured by this Deed of'ftuat, Lender shall request Ti,ustee to reConvey the <br />Proper"y'and shat) surrender this Deed of Trust and all notes evidencing indebtedness Secured by this Deed of Trust to Trustee. <br />Trustee sliall, eeconvey the Properl'jr,wilhout warranty and without charge too the person of -persons legally entitled thereto. <br />Trustor shall pay ail costs of recordlillon, if any. <br />(h) Personal Property; Security Agreement. As additional security for the payment of the Notqjrustor hereby grants <br />Lender under the Nebraska Uniform Commercial Code a security interest in a" textures, equipment and nifter personal property <br />used in connertion with the real estate or improvements located thereon. and not otherwise declared ar'deamed to be a part of <br />the real estate secured hereby. This instrument shall be construed as a Se.!j?jty 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 />andaccorded the Lender pursuant to this Deed of Trust provided that Lender's fights and remedies under this paragraph shall <br />be cumulative with, an d in no way a limitation on. Lender's fights and ewnidfes under any other security agreement signed by <br />Borrower or Trustor. <br />(I) Liens and Encumbrancisc 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. at other contract instrument or <br />agreement constituting a lien or encumbrance against all or any part of the Property (collectively. "Liens"), existing as of the <br />date of this Deed of Trust. and that any and all existing Liens remain unmodified except as disclosed to Lender in Trustor's <br />=;tten ij;sdozure of fiens and encumbfance-,:j pf&w,Jt"J fur heteivir. Trustor shaft timely perform aft of Trustar's ClUtigaTtons. <br />covenants, rep rese Mation sand warranties under any and a!1 existing and future Liens, shall promptly forward to Lender copies <br />of all notices of default sent in connection with any and all existing or future Liens, and slialt not without Lender's prior written <br />consent in any manner modify the provis:3ns of or allow any future advances under any existing or future Lean; <br />(ji Applicaton of Payrinants. Unfessotheiwise required by faw. sums paid to Lender I-ereunder, including without'-Inlit3lifill <br />vaymonts of principal and interest, insurance proceeds. conderritiat,on proceeds and rents and profits shali be IMpke-cl ty <br />Lender to the amounts dueand owing from Truwar and Sorroever In such order as Lender in its so!e d,scretion deernsc:esirable <br />(k► Sevetabft. it any prov.vort of this Deed of Trusit coriv,cts w4r-- fatv or is laciared invalizt or -.-tiivrvw-,ro <br />uvenfutceab?Ey, such iLon'!ict or inu.N11dity sha;► rot affect ire wter proviSjnS 0 M:s heed tf Tr,st or thti fi:)tt2 vitntitirain 17p <br />_V,5:Gn50f`& f](2e"I 'If fN? N7W141"U dOtlit <br />Lid f_ Y <br />1•ti, <br />�q <br />1 <br />