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89-11111111111111 103638 (C.) A rrr•t of exeruton or an3chmenl or any sim:ijr procfu snail be Cn!c'ed agamst Borrowm wh-eh shall became a lien on the Property or any port-on thereof of interest theren (0) There shall do bled by at against eorrower an action under any prZ5en1 or futue tedeial. stake or other Slaltile law or regulation telating to banhiuplct, -nsolvency or other relief lot debtors. or there shall be appointed any trustee receiver or I.quxlator of Borrower or of all or any parl of the Property or Ire ren!b; issues or proes lhereeil, or Borrower shall make any general as.S-gnmcnt for the benefit of Cred•tors. (e) The sale. transfer ass,gnmant conveyance or furthet encumbrance of all or any pert of nr any interest in the Property• either v'oluntanty or involuntarily, without the express written consent of Lender (f) if Borrower n note an inifrytdulil, the sale transl r. altlrgn t)1 onveyance at encumbrance of more than ill -_ per cent of (,t a cot poration) its issued and o utstand,ng stock of (r) a partnership) ME per cent of partnership interests f. MffseMl- Aecellsing Gil 1pelft 0~. In the even) or any Event of Default Lender may declare all rndebtldnaM secured hereby to be due and payable and Cie Game shafts thereupon become due and payable without any presentment, demand. protest or notice of any kind Thereafter Lender rryy. (a) Demand that Trustee exercise the POKIER OF SALE granted herein, and Trustee shall thereafter cause Borrower's interest in the Propery to hr soli and the proceeds to be distributed. all In the manner provided In the Nebraska Trust Deeds Act. (b), Fi Mfrr vn.person or by agent, with or without bringing any action of proceed". or by a receiver appointed by a court and without regard to the aclogq wy.a! ;ts security, enter upon and take possmion of it* Property. or any part thereof, In Its own name or In the name of Trustee, and do any actq.;K? -, n -1 deems necessary or da wrable to preserve the value. marketabdety or rentability of the Property. or pan thereof or interest therm. Increase Ilifp IS1zorne therefrom or protect tree security herself and. with or without taking possession of the Property. sue for or otherwise collect the rents• iastm and profits Mrereof, Including those past due and unpaid, and apply the same, less costs and expenses of operation and wileCllOn in- clump afforney's fees, upon any Indebtedness secured hereby, as in such Order as Lender may determine The entering upon and tale poessesion so of the Property, the collection of on rents, issues and profits and the application thereof as aforesaid. shall not cure or waive any default or nowe of default hereunder or ,nvalidale any act done In rosponSO 10 such default Or pursuant to such notice or default and, notwithstanding the Contnuance in possession of the Peppery or the collection, receipt and applicalvn of rents, issues or profits. Trustee or Lender shall be entitled to exercise every right provided fowl any of the loan Instruments or by raw upon occurrence Of any event of default, including Bee tight to exercise the power of sale: and (c) Commence an acton to foreclose this Deed of Trust as a mortgage. appoint a receiver, or specifically enforce any of the convenants hereof. No remedy herein conferred upon or reserved to Trustee or Lender is Intended to be exciti.we of any other remedy herein or by law provided or permitted, but each chaff be cumulatab• shall be in addition to every other remedy g)�.*n hereundel or now or hereafter existing at law or In equity or by statute, and may be exercised concurrently. mdependetly or successively 10. Twaeee. The Trustee may resign at any time without cause and Lender may at any time and without cause appoint a successor cr substitute Trustee Trustee shall not be lablee ter any loss or damage unless due to actionable negligence of wdlfull misconduct. and shalt not be required to take any action in mroaction with the enforcement of this Deed of Trust unless Indemnified. in writing, for all costs, compensation or expenses; wfs�h may be associated therewith rrradcIftn. Trustee may became a purchaser at any sale of the Property r ud,cial or under the power of sale granted h. ",n): postpone the sale of all or amp portion of the Property as provided by law: or sell the Property as a wtiole, or in separate parcels or lots 11. (Fuhm Aralrertoee. Upon request of Borrower. Lender may. at is option, make additional and future advances and readvanees to Borrower Such advances and ►eadvances. with interest thereon. shall be secured by this Deed of Trust At no time shall the principal amount of the indebtedness sow e��gdp�Trust. not including sums adveniced to protect the security of this Deed of Tr;,52• exceed the original print; l3l amount stated herein. or t _W WU • l)V ,shichaver is greater 1!. UbaeNartaosw PF*Vbiotte, ($) @a oilree ftfliefeeeed. Extension of B e o--je for, par) ment or modlt,catrnn of amortization of the sums secaurod by this Geed of Ttusf granted by Lender to ary sl:ra•essor in Interest of Same vm�st�vrnat gxtate to relealse,, in any manner. the liatxhtyQT 1-v original Borrower and Wrtawer's suCCelcPnS In .ntece%. Lender Shall not be tea afesl it GtS A�e^rce,proCeeclogs against such successor or refuseto extend time fix peymeM Or other- wisp modify amortization of the sums secured bj: **(S Deeki: cd. Tft st by reason of any demand made by the original Borrower and Borrower's suc• # Oas=s in ,nteresd. _ _ - - . (b) Laftde o Posers. Without aNAGilrlg " raWi y of any othet person liable for the payment of any obligation herein mentioned, and without affecting the lien or charge of mis Deed of Trust u(.nn any portion of the Property not then or theretofore released as security for the full amount of all unpaid obligations. Lender may. from tore to time and without notice (i) release any person so liable. („) extend the maturity or ale► any of the _ terms of any such obligations. lRq gram otner indulgences. (fv) reklase of reopnvey. or cause to be released or reconveyed at any time at Lender's Opt;ons any parcel. portion or Q.a tie Property. (v) take or release any other or additional secut, -ty for any obligation herein mentioned. or (vi) make Compositions or other arrange vM%with debtors in relation thereto (c) tsaffliesim by Le"eir till • Wahre►. Any forbearance by Lender in exercising ar,,y right qr remedy hereunder, or otherwise afforded by applicable law shall not be a waiver of or preclude the exercise of any such right or rer *Q•),. freer prMurer.!nent of Insurance or the palymertt of faxes of other diems ar*-arges by Lender shall not be a waver of Lw dw's right 10 aclaebrate the secured by this Olen d:ak,Trust. (d) $vocel ws wA Assure Bow*. JofN had 8w MM 1 0m1; C pSWA . The cc. wwws and agreements hermit contained shall bind. � and five rights hereunder shelf inure to. ter tetpeictive successom and assyns of Lender Ar i1; eotrower. Subject to the prawrions d paragraph B (e)• iyeraof AN covenants and agm— prienfs d Borrower snap be point and several The captions ',and head -ngs of the patagh41414 bi this Deed of Trust are for convenience only and are +got to be used to mleipret or define the provrwns hereof, . ` (e) MMueet fof NoUOoa. The part*% heiet j request that a copy of any notice of default hereunder and a copy of any notice of sale hereunder be rivalled to each party to this Deed of Trust ad: tit.*, address set forth above in !lie manner prescribed by apWkzable law Except for any other notice requered under apolcable law to be gnren ,r arother manner. any notice provided for in this Deed of T -,ust Shall be grven.Cy mading such notice mss: by certified rite:' addressed as Elst'IcM above. or at Such other address as shall be designa*a in writing to the other pa:bess•.as prcvKw herein ',.. •rte:, Any notice pro v+ded for u, this aeetf On T rt:st sr 4j-me deemed to have been given to Borrower w, Lender when given in the eA.ar7C,er designated herein - M (rtaP0016n;, Lender may make or Cause to be made reasonable eiie+&5.upOn and inspectons Of t,,ie Property, provided that Lender shall give Borrower -c;", prior to any such inspectrws specrying reasonable cause therefor related to Lenders interest in tt•.e Property (g) 'ni—n e. Upon payment of all sums secured by this Dees of Truest. Lender shall request Trustee !o reconv" the Property and Shall surrendst rise Deed of Trust and V notes evidencing indebtedriess secured by this Deed of Trust to Trustee Trustee shalf "ra^ convey the Property wC.1cat warranty and *.:tout charge to Me person or persons legacy entitled thereto Such person or persons sheaf pay all &os of recordation• n any (n) Personal Property, Security AgnenseM. As adcMonai Sec ;My fop ire payment of the Note an fixtures, equipment. and other personal property t.sea in connoct•on :..T-1 the real estate or improvements t caietf Ifiere-an, and not otherwise dec:arel or deemed to tie a part of the real estate r_.,_or_tre d hweby cha3 be subject to a sei,•unty inlerf —el in faros of the !E Ahw- under the ( }:. °Cr85 °.3 t,;;u!orn- Corrurm l Codo Tri; tn; current shat be cons!rued as a Security Agreement under said Code, and the Lender shall have all the nights and remedies of a secured party under said Code in aad'! on to the rights, and reme-des created under and accorded the Lender pursuant to this Deed 0 Trust This security agreement and !ne r•t� i•tfoicSt granted hereunder s in additon to ag other security agreements grren by Borrower to Lender () SeversUffly. i•i true e,reni mat any provision of this Deed of Trust or the No!e contact with applicable law or are declared invalid or otherwise unenforceable t..,01: WIN0, Of :nva::dty shad nor affect the other provisions of tars Dees of Trust or the Note which can be given effect without the conf'.c!•ng provison arw :o this end the pros lions of the Deed of Trust and the Note are declared to be severab:e Sorrower r•ss expc-: ed in:, Deed of Trust the We when above Phiiip • Jos . 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