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6- Eraissat Daivi," Lender is hereby assigned all compensation, awaras, damages and otter payments or relief (hereinafter " proceeQs ! in connection with i pp cvnoomnauvi�c..��•.•a....-:� -t �..�a� �- orpdrtf !>!xeel.arty£4nvenanedtoma eanycemaatrnn.Lertsettlementi ntonn- ectrtsopnhiuth- mmencea rtnan � -- prosecufe in its awnnameany editin or proceedings and shall afsa beerrtitted to make compromise s lutes discretion. eonneeti l y with Stich eed$. damage: itslIng event any portion of 1hotProparty is so taken or damaged, Lender shall have the option, in its sofa and absolute discretion. to apply all suet► Proceeds. after detlueting titereffoi n all costs and expenses Incurred by it in connection with such Ooaeds, upon any indebtedness secured nereby andirisuch order as lender may determine. or td apply all such Proceeds, after such deductions, to the restoration of thei Property upon such conditions as Lender' may determine. Any application of Proceeds to - irsdrtit.3ri:;. s;,aft not rider postpone the d)rB date of anXoaymenis under the Dints. or cure any default thereunde r ,Qt hereunder. 7. bytilinder. Intheevent-of Sormweeglailure to perform anyof the coverients herein or make any payments required hereby. or giny act istaken or " ftalprocie" agcommenced" IthmaterisHiraftectsLendersinte rest in the Praperty .Lender mayinits ` own disc reYOn, but wimout obit gat ndma also rd9nyotheracti to ordantanduponsoriowerandwithout releasing Borrowerfromanyobligation, doanyactwhichtheBorrowerhasagreedbutfadstodoandmay alsodbanyotheracttt draanfs necessary to protect the security hereof. Borrower shall. immediately upon demand therefor by Lender. pay to Lender all costs and expenses incurred and sums eapandsd by Lender in connection with thellrteraise by Lenderol the foregoing rights, togetherwith interest thereon at the rate provided in theNote. which shall be abdedto rite indabMOnsgs sscureid hereby, lender shall not incur any personal lability because of anything it may door othit to do hereunder. A [wara Dalsa t The following shall constitute an evadt of default under this Deed of Trust (a) Failuretopayanyinstallmentofpnncipaforinterestoranyothersum" curedherebywhendue. orfail urstopaywhendueanyotherindebtednessot `•� (b) Ai braisc;Wof or'defautt under any provision contained in Inc Note. this Deed of Trust, any document which secures the Note. and any other V4 encumbrance upon the Property. ' (a) J► writ of execution or attachment orany similar process shall beentered against Borrower which shall beComea lien on the Property Of any portion ' • 0 tltsreof�r intarast tMrein; . TW* Vu rba-tlled by or against torrower arraetian under anY- present -or- future federal. state or Other- statuto, latil at mgutatiaa refahag to. - _- -- -- .- bankruptcy. insoNaancyorothei rrelief for debtors,ortltereshall be appointed any trustee. receiver or ligwdatorof Borrower orof altorany partof the Property. of the rents, issues or pr0fitstheeol, or Borrower shall make any general assignment for the benefit of creditors. (e) Tto sale. transfer. assignment, conveyance or further encumbrance of all or any part of or any interest to the Property, either voluntarily or r involuntarily, without the express written consent of Lender. (f) if Borrower is not an individual, the sale, transfer. assignment. conveyance or encumbrance of more than percent of (if a corporation) its issued and outstanding stock or (if a partnership) percent of partnership interests- 9. Ralaswes;/1e0aterMbaNpe" Default In the event of any Event of Default Lender may declare all indebtedness secured hereby to be due and payable and the same shall thereupon tteeomd due and payable without any presentment• demand, protest or notice of any kind. Thereafter Lender may: : (a) DernandinatTru stee exer6sethe POWER OFSALEgrintedherein. andfTrustee shall thereafter Cause Borrowers interest in the Property to bersofd and the proceeds to be distributed, alt in the manner provided in the Nebraska Trust Deeds Act. (b) Either in person or by agent. with or without bringing any action or proceeding. or by a receiver appointed by a court and without regard to the adequacy of itssecurlty, enter upon and take possession of the Property, or any part thereof. in its own nameor in the name of theTrustee. and doany actswhich it deems necessary , or desirable to preserve the value. marketability or rentability of the Property, or part thereof or interest therein. increase the income therefromor protect the security hereotand, with orwithout taking possession of the Property. suefor or otherwisecollect the rents. issuesand proiltsthereal', including those past due and unpaid. and apply the same. less costs andexpensesof operation and collection including attorneys tees. upon any mdabtedness ssCurgdhereby. all in such order as Lender may determine. Theentermg upon and taking possession of the Property. the collection of such rents. issues and profits and theapptication thereof as aforesaid, shall not cure orwaiveany default or notice o) default hereunder or invatidateany act done to response to such default-or pursuant to such notice of default and, notwithstanding the continuance in possession of the Property or the collection, receipt and application of rents, issues or profits. Trustee or Lendershall be entitled to exercise every right provided for in any of the Loan instruments or by law upon'occurence of any event of default, including the right to exercise the power of sale. and • r (c) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver. or specifically enforce any of the covenants hereof. No remedy herein conferred upon or reservedto Trustee or tender is intended to beexeluswe of any other remedy herein or bylaw provided or permitted. but each shall be cumulative. shall be in addition to every other remedy given hereunder or now Or hereafter existing at law or inequity or by statute. and maybe exercised concurrently, independently or successively. 10. TrwIN. The Trustee may resign at anytime without cause . and Lender may at anytime and without cause appoint a successor or substitute Trustee Trustee shall not be liable for any loss or damage unless due to actionable negligence or willful misconduct. and shall not be required to take any action in connection with the enforcement of this Deed of Trust unless indemnified. in writing. for all costs, compensation or expenses which may be associated therewith In addition, Trustee may become apurehaserat any safe of 1heProperly (judicial or under the powerof sategrahteci herein). postpone the saleof all orany portion of the property,as provided by law: or sell the Property ra a whole, or in separate parcels or tots 11. iutum Adeaacee• upon request of Borrower. Lender may, at its option• make additional and future advances and readvances to Borrower Such advances and readvances, with interest thereon, shall be secured by this Deed of Trust. At no time shall the principal amount of the indebtedness secured by this Deed of Trust. not in- cluding sums advanced to protect the security of this Deed ofTrust. exceed the Original principal amount stated herein. ors-- 5QQl.QQ _ -_ .whichoveris ' greater. 12. WacallNNNMProvAlons. (a) fOno7lrar No Role"". Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust granted by Lender to any Successor in interest of Borrower shall not operate to release. in any manner. the liability of the original Borrower and Borrower's successors in interest. Lender shatlnot be required to Commence proceedmgsagai list such successor or refuse to extend t ime for payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demands made by the original Borrower and Borrower's suCCQSSO's in interest (b) rLeabPs► aerate, Wi thoutaffectingtheliabilityofanyotherpe► sonliableforthepaymentofanyobligationher einmentioned .andwithoutaffecting the lien or charge of this Deedof Trust ypon any portion of the Properly not then or theretofore released as security for the full amount of all unpaid Obligations. Lender may, from time to time and without notice (i) release any person so liable, (it) extend the maturity or alter any of the terms of any such obligations, (m) grant other indulgences, (iv) release or reconvey. or cause to be released or recoriveyed at anytime at Lenders options any parcel. portion or all of the Property. (v) take or release any other or additional security for any obligation herein mentioned. or (v0 make composit ions or other arrangements with debtors in 'relation _ thereto. (c) Folil"rMiCeby Lender Not a Waiter. Any forbearance by Lender in exercising any right of remedy hereunder. or otherwise afforded by applicable ,. law. shall not be a waiver of or preclude the exorcise of any such right or remedy The procuiementof insurance orthe payment oft, a xe got olnerliensorCharges by Lender shall not be a waiver of Lender's fight to accelerate the maturity of i no md@btedness secured by this Deed of Trust (d) Sueceasasa" Assign ROUnd:Joint and SavaralLiability Captions. The covenants and agreements herein contained shall bind. and the rights hereunder shall inure to, the respective successors and assigns of Lender and Sot rower. subject fo trio provisions of paragraph 8 (e) hereof All covenants and _ . .. agreements of Borrower shall be joint and several The captions and headings of the paragraphs of this Deed of I rust are for convenience only and are not to be used to interpret or define the provisions hereof (e) R#qMl for kotk**. The parties hereby roq uest thata copy of any notice of default hereunder and a copy of any notice of safe hereunder be matted to . each party tothis Deed of Trust aline address Sol forth above in the manner prescribed by applicable law Ex ceplfor any other notice required under applicable law to be given 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 parties, at the address set forth above. Any notice provided for in this Deed of Trust shall be deemed to nave been given to Borrower or Lender when given in the'manner designated herein. (f) tespaetioe. Lendermaymakeorcausetofsemadereasonableentriesuponand' inspectionsoftneProperty. providedthatLendershallgiveBorrolier notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property (g) RaiCOnvoyanee. uponpaymentofallsumssecuredbythisDeedofTr ust. LendershallrequestTrusteetofeconveythePropertyandshallSurrender this Deed of Trust and all notes evidencing indebtedness secured by this Deed of Trust to Trustee Trustee shall reconvey the Property wihout warranty artd without charge to the person or persons legally emnred mature Such person or persuir„iiori Nay all c45f5 Of c88arv8fivr.. ' a..y (h) Varwnalftopedy. SecurityAgrN nta nLAsadditi onalsecurityforthepaymentoftheNoteallfixtures, equipment, and other personal property used in connection With the Peal estate or improvements located thereon. and not otherwise declared or deemed to boa part of the real estate secured hereby. shall be 6uhlQrttnaseeuntyintBrestin favor of the Lender underthe Nebraska Uniform Commercial Code This mstrumgnt shall be construed asa See urityAgreement under said Code. and the Lon der snail have ail thd rights and remedloct a S6CUled 03rtY under Salo Occe in addrror to the "gilf-i dt4 5traatcdurulor and accorded the Lender pursuant to this Deedof crust i (I) aeverablNt y. intheeventthatanyprovisionofthisDeedofTrustconlhctwithapplicablelawofaredeclar edirivalidorotherwiseunenforceable .such conflict or invalidity shall not affect the other provisions of this Deed of T rust or the Note which can be given effect without Ilia COnl hCting provision. and to this i end the provisions of the Deed of trust and the Note are declared to be severable Borrower has executed this Deed of Trust the date written above L. CCheryl : Farb j- to Of - -- ..(Allen. D. Furby) B ewer • r. 1 J