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<br />G HRUMnI 00ansin. Lender is horeby ass,gnild an compensation awards damages and other payments or reItof ihwematter Proceods ) in connectan vnlh
<br />condemnation or other taking of the Properly Or part thereof or for ronvoyanco in lieu Olcondemnal.on Lender shall Do entitled at its option to Commence. appear in and
<br />prosecute in its own name ally action or proceedings and thall also be entitled 10 make Any compromise or settlomenl in connection wilh such taking or damage 111 the
<br />event any portion of the Property is So taken or damaged Lender shall have the option. in its sole and absolute discretion to apply all such Proceaft after thrJucting
<br />ithersfrom all costs and expenses ancurrrd by it in r.rinnaction with such prootiods. uponany indobtednosssir,cured hereby and in Stich order astorlder may dularmirto orto
<br />apply all such Proceeds after such deduclions In the Iestorauon of tho Property upon such conditions as t ender may delermine Any apphcabon of ProceucfA 10
<br />indebtedness shall not extend or postpone the due date of any payments under the Note. or cure any default thereunder or hereunder
<br />7 Perfortinafte by Ler4er. in the event at Rat tower a failure to perform any of the covenenla, herein of Make ally payments requi red hereby. or it tiny act to taken or
<br />legal proceeding commenced which materially affect! Lender's interest in the Property. Lender may in its own discretion_ but without obligation to do so, and wdhOul notice
<br />�• toot demand upon Borrower and without releasing Borrower from any obligation. da Any act which the Borrower has agreed but fails to do and may also doany other act it
<br />deems Fmis tswir to protect the Security heteot Borrower shall irnmediatdiy upon demand therefor by Lender. pity to Lender all costs and expenses incurred and sum&
<br />expanded by Lender in connection with the exercise by Lender of theforagaing rights. together with interest thereon atthe rate provided to the Note. which shall be added to
<br />the Indebtedness secured hereby Lender shall not incur any personal liability because of anything it may do or omit to do hereunder
<br />e Xveate of Deleult. The following shall constitute an event of default under this Deed of Trust
<br />(a) Failure to pay any installment of principal or interest OF any otherSUM Secwedherebywhendue. orfailuretopaywhendueanyotherindebtednessOf
<br />f'AA Borrower to Lender,
<br />YV (b1 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 />YQ (c) AwritofexeculyornrJtekttachmentaranysimilarprocessshall beenteredagalnstGdrrQwerwhichshallbecomealienontheProperlyoranypor lion
<br />M thrlreot or interest therein,
<br />(d) There shall be f..W by or against Borrower an action under any pzme it ,,Y..y;t ir? federal• state or other statute, law or regulation relating to
<br />bankruptcy. insolvency " *!-,Rn rialtell for debtors; or there shall fie appointed &,,ji
<br />y I ttlsoe,,Ocawar or liquidator of Borrower or of all or any part of the Property,or
<br />the rents, issues or profits t+NVnhJ' or Borrower Shall make any gklAra', P.SSit];�t IB9 V tot fhb tlel" AI. of Creditors.
<br />(a) The sale, transfw.-. assignment, conveyance or 1?it• ll \er'enci:St121rat1% @'Ot,91K. \t ovtV flirt of or any interest In the Pr1irize ty, either volunlari(y OC
<br />j woluntarify,.vxdpout tha express written consent of Lender
<br />(t) 1f aoyrovier Is not an individual• the sate. transfer• a�"ignment, i:pnve`larce or encumbrance of more than _ — percent of (it a corporation) Ica
<br />V 7 Issued and outstdnning stock or pt a partnership) j�arcenl of partnership interests
<br />tic 9- Maasitee: AccetaratWn Upon Default. In the event otany Eveat otDefautt Lender may declare all indebtedness secured hereby to be due and payable and, the
<br />same aha14p1+eteupon becortie due and payable without any presentm0l, demand. protest or notice of i; a kind. Thereafter Lender may:
<br />(a) Dens and that Trustee exercise the POWER OF SALE granted herein. and Trustee sl ml thereafter cause Borrower's interest in the Propemtobeaeld
<br />and the proceeds to be distributed, all in the manner provided in the Nebraska Trust Deeds Act I
<br />(b) Either in person or by agent, with or without bringing any action or proceeding. at by a receiver appointed by a court chid wiflioijtr"ard to the
<br />I adequacy of its security, enter upon and take possession of the Property. or any parllTefeof, in ita:own name or in the name of the Truolee, ;tqq,- AQ any acts wb(ch
<br />it dims necessary or desirable to preserve the value. marketability or renlsbikty Of the Fmparty, or part thereof or interest theto)e. Inewsie the income
<br />therefrom or protect the security hereof and. with or without taking posseisstogof the Properly ,iWo for or otherwise collect the
<br />re !?tit !SiuesghdAroliNltttereat
<br />including thoso past due and unpaid, and apply the same, less costs and expenses of operavdit and collection a ncludmg altornsy9' fees, upon any Indebtedness
<br />smumd hereby, all in such order as Lender may determine. The entering upon and laking possession of the Property, the collection of such rents, tos44e arid,
<br />profits and the application thereof as aforesaid. shall notcure or Waive any derdutt or noliceotdefautt hereunderor mvalidateany act done in tE,;wonsa tq slueh
<br />default or pursuant to such notice of default and. notwithstanding the continuance in possession of the Property or the collection, receipt and application of
<br />rents, hsuesor profits. Trustee or Lender shall be entitled to exercise every right provided for In any of the Loan instruments or by law upon occurence of any
<br />I event of default. Including the right to exercise the power of sale, and
<br />(e) Commence an action to foreclose th s Deed of Trfaf as a mortgage. appoint a receiver, or specifically enforce any of the covenants hereof. t
<br />No remedy hell slnconfertsd upon or reserved to Trustee (it tender is entendedto be exclusive of any other remedy herein or bylaw provided or permitted, but each shalt be. ;
<br />cumulative, shall be In addition to every other remedy given hereunder a1 new or hereafter existing at law or inequity or by statute. and maybe exercised concurrently;
<br />independently of successively. i
<br />10. Trlisslee. The Trustee may resign at anytime without cause. and Lander may at any time and without cause appoint a successor or substitute Trustee: *WSW TSW
<br />shall not be liable for any loss or damage unless duo to actionable negligence or willful misconduct, and shalt not be required to take any action in connection vintih the
<br />rcement of this Dead of Trust unless indemnified, in writing. for all costs. compensation or expenses which may, be associated therewith In addition, Trustee rta$•
<br />become s purchaser at any sale of the Property (judicial or under the power of safo granted here_ in), postpone the sale of all o_ r_any portion of the pro_ party. as provided by lavr
<br />Of sell the Property is a ilirtiOTe, or In Separate parcels or lots
<br />11- FulwaA*owr. fs. Upon request of Borrower. Lender may, at its option• make additional and future advances and readvances to Borrower Suelladvinces and
<br />i readvances, with intaresttberson, 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-
<br />cluding sums advanced to protiml. the wtui, *.y Of this Deed of T rust. exceed fhb original principal amount tj:ft1ed herein or:
<br />greater.
<br />12. MieeaNeoaouo Ihovbions.
<br />(a) Reeser Net Released. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust granted by
<br />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 SucceSSOrsln
<br />interest. Lender shall not be required to commence proceedings against such successor or refu se to extend It me for payment or otherwise modify amortization
<br />of the sums secured by this Deed of Trust by reason of any demands made by the original Borrower and Borrowers successors in interest
<br />(b) LerodoesPowerts. Without affecting the liability of any other person liable for the payment of any obligation herein mentioned. and without affecting
<br />the lien orcharge of this Deed of Trust upon any portion of the Property not then or theretofore released as security for the full amount of all unpaid obligations. -
<br />Lender may; from time to time and without notice (t) release any person so liable. (it) extend the maturity or atier any of the terms of any such obligations. (ni)
<br />grant other t"gences. (tv) release or reconvey. or cause to be released or reconveyed at any time at Lenders options any parcel. portion or all of the Property,
<br />(v) take or releaseany other or additional security for any obligation herein mentioned. or (vi) make compositonsor other arrangemenls with debtors in relation
<br />thereto.
<br />(c) FOrbvairso a by Lender Nola Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable
<br />4arvir.shall not beat waiverot or preclude the exercise of any such fight or remedy The pir--conament of insurance or the payment of taxes or other liens or charges
<br />ley Render shall not be a waiver of Lender's right to accelerate the maturity cf file rrdebtedeess secured by this Deed of Trust
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<br />(d) WCi *Nets anA Assigns Atwnd: Joint and Several 1.1"fy. COO.*. The covenants and agreements herein contained shall bind, and the rights k
<br />tiereurider shall inure to, the respective successors and assigns of Lendefa- i66afrower. subject to the provisions of paragrapri 8 (e) hereof All covenants and
<br />' dWeementsOfBorrowershal lbejointandseveral The captions and head, rgs oi the paragraphs of this Deed of Trust are for convenience only and are not to be
<br />rased to interpret or define the provisions hereof
<br />(e) Rsigwstl0rt/ OYda: Thepartiesherebyrequestthataupyofanynoticeofdefaulthereunderandacopyofanynoiice61salehereunderbemailedto
<br />each party to thisDsed OtTmataSthe address set forth above in Premaonner prescribed by applicable law. Except for any other nobco required under applicable
<br />law to be given irranother mauler, any notice provided for in this Deed of Trost shall be given by marling sucrl, notice by certified mail addressed to the other
<br />parties. at the is8letlss set fortR above.
<br />Any notice provi0nrd for art this geed of TrbS6shan be deemed IQ have been given to Borrower of Lender w` .iedit given In the manner designarert herein
<br />it) taapiCtiafi. Lendern4jrtnakeor cause toberoade pori pnd Inspiacftion s; of the Property. provicted that Lender shall give sorrOwel
<br />rt©bce prior to any such Insppmon specifying reasonable cause Qt erefc xretated to Lender rsnn`erest in the Property.
<br />(p) ft comvayinCe. Uponpaymentofallsumssecured bythis peed!allTeust.Lender shall request Trustee toreconvey *9.e Property and shall surrender
<br />this Dead of Trust and all notes evidencing indebtedness secured by this Reed of Trust to Trustee Trustee shall reconvey trio Property without warranty and
<br />without change to the person or persons tegalty entitled thereto Such persa^or persons shall pay an costs of recordation. it any
<br />(h) Iserso" Prolistrity. Security Agreeffierill. As additional security;i iAe payment of the Note all fixtures. equipment. and other personal property used
<br />Ire connection with the real estate or improvements focated thereon. and not otherwise declared or deemed to be apart of the real estate secured hereby, shall be
<br />subloetto 0 security intereSt In favor of the Lender undpr the Nebraska Uniform Commercial Code This instrum4nt shall beccr .,tn,edasa Security Agreement
<br />under said Code. and the Lender shall have all the rights and remedies of a secured party under said Code in addition to the ngn?. nd remedies created under f and accorded the Lender pursuant to this Deed of Trust }
<br />(i) goverabft. In the event that any provision of this Deed of Trust conflict with applicable law Or Ore declared invalid of Otherwise unenforceable. such y
<br />conflict or Invalidity shall not affect the other provisions of this need of Trust or the No chcanbe given effect without the conflicting provision. and tothis
<br />end the provisions of the Deed of Trust and the Note are declared to be severabfe
<br />Borrower has executed this Deed of Trust the date written above
<br />(Ve _ E. Clark, Borrower Husband)
<br />(Phyllis A. Clark, Borrower Wife)
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