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104195
<br />(g) if Trustor is notan individuai, the issuance, sale, transfer, atssignment conveyance or encumbrance of more than a total
<br />of percent of (it a corporation) its issued and outstanding stock or (it a partnership) a total of percent of
<br />partnership Interest during the period this Deed of Trust remains a lien en the Property.
<br />12. Ren- edles; AcceNrallon Upon DeftuliL In the event.ot any Event of Default tender may, without notice except as required by
<br />law, declare all indebtedness secured hereby to be due and payable and the same shall thereupon become due and payable
<br />without any presentment, demand, pxobM.or notice of any kind. Thereafter lender may:
<br />(a) Demand that Trustee exercise the POWER OF SALE granted herein, and Trustee shall thereafter cause TrusWs
<br />interest in the Property 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, 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 bylaw provided or permitted, but eltch shall be cumulative, shall be in addition to every other remedy given
<br />hwoundar. in the Loan instruments or now or hereaftecextsting at 44-ear in equity or by statute, and maybe exercised concurrently,
<br />irtdspendantly or successively.
<br />13. Trtrelee. The Trustee may resign at any time without catjiW;:• 0d Lender may at any time and without cause:eppant a
<br />sueee"w or substitute Trustee. Trustee shall not be liabletc any 9ar(yrjr.vtuding without limitation Lender. Borrower, Trudw iiany
<br />purchaser of the Property, for any loss or damage unless. due td rec_+Ai s'or willful misconduct, and shall not be requinad.bi.tij.4ony
<br />action in connection with the enforcement of this Veed,ol.Trnss'grttess indemnified, in writing, for all costs. camperi, rt or• :.. ;
<br />expanses which may be associated therewith. In additiafr, frugtee may become a purchaser at any sale of the Property
<br />under the power of sale granted herein); postpone the•sale of ail .# iMy portion of the Property, as provided by iaNi:
<br />Property as a whole. or in separate parcefs or lots at Trustee's; dam: wlh6n.
<br />14. Fees and Expene es. In the event Trustee sells the'PropigTM bye d'xercise of power of sate, Trustee shall be entittet lu apply
<br />any sale proceeds first to payrnarrt of all costs and expenses of exercising power, 4!-safe. including all Trustee's fees, and lender's
<br />and Trustee's attorneys tees, actually incurred to extent permitted by applicablWaw,;ta the event Borrower or Trustor exercises any
<br />right provided by law to cure an Event of Default. Lender shall be entitled to reco4ev from Trustor all costs and expenses actually .
<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. Fututa Advances. Upon request of Scrrower. Lender may, at its option, make additional and future advances and re-
<br />adwaO`,aes to Borrower. Such advances and readvarCs%.Wiif7. intere0 thereon, shall be secured by this Deed of Tnist. At no ti me shall
<br />ttte principal amount of the indebtedness secured by 1i3 ,,%040d of Trust not including sums advanced to pry, � .*,Ce securisy of this
<br />Dead of Trust, exceed the original principal amount sta*d herein, ttr s 170, 000.DO , whichever is rtsa:EWrr:
<br />16. ubcommeaota Provlsioes.
<br />(a) (ffermwer Not f Missed. Extension of the time for paymrrrtror modification of amotization of tke;,faums secured by this
<br />Deed of Trust granted by Lender to any successor in Interest of Borrower shall not operate to release. in anti 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 demands made by the original Borrrower and Borrower's successors in interest.
<br />(b) ienrfswr'a Powers. Without affecting the liability of any other person liable for the payment of any obligation herein
<br />mentioned; s1vAr without affecting the lien or charge of this Deed al Trust upon any portion of the Property not then or theretofore
<br />released As Wurily for the full amount of all unpaid obligations. Lender may, from time to time and without notice (i) release any
<br />Person so liable. (it) expend the maturity or alter any ix( the terms of any such obligations. (it) grant other indulgences, (iv) release
<br />:, reconver, of cause to be released a, reconveyed at any time at Lender's option any parcel, portion or all of the Property,
<br />tv) take or iviiMse any other or additwal security for any obl4itlon herein mentioned, or (w) make Compositions or other
<br />arrangerneisls Kith debtors in relatica lKereto
<br />(c) Forbearance by keatdw Uaw W&fver. Any forbearanee, bjP Lender to exercising any right or remedy hereunder, or
<br />mY*erwise afforded by aj lgllrw.able law, shall not be a waiver of or preclude the exercise of any such right or remedy. The
<br />procurement of insurance sr the payment of taxes or other liens or charges ty Letnder shall not be a waiver of Lender's right to
<br />accelerate the maturity of the indebtedness secured by this Deed of Trust
<br />(d) Suecosews and Assigns, Sounit: Joint and Several Llabiiity; Captions. The covrivali 3 and agreements herein con -
<br />Tained shall bind. and the rights her.uf,,Jer shall Inure to. the respective successors and.nalogns of Lender and Trustor. All
<br />covenants and agieen;er,ls of Trustor shall be luml and several The captions and headings of the paragraphs of this Deed of
<br />Trust are for conveniences, :orly and are not to be used to interpret or define the provisions hereof.
<br />(e) Roqusatfor Mcificom The parties hereby request that a copy of any notice of default hereunder aril a copy of any notice
<br />of sale hereunder be mailed to each party to this Deed of Trust at the address set forth above in the manner prescribed by
<br />applicable law Except for any other notice 'required under applicable law to be given in another manner, any notice provided
<br />for in this Deed of Trust shall be given by mailing such notice by certified mail addressed to theother parties, at the address set
<br />forth above. Any notice provided for in this Deed cl Trust shall be effective upon mailing in the manner designated herein. if
<br />T)tsztor is more Man one person. notice sent to this address set forth above stall be notice to all such persons.
<br />(r;, Inspection. lender may make or cause to be made reasonable entries upon and inspections of the Property. provided
<br />I]IwAt Lj,,.pnelpr shall give Trustor notica pilot to any such inspection specifying reasonable cause therefor related to Lender s
<br />-r rerPSt 41, ftsit; Property
<br />ig) Reconveysnee. upon payment of all sums secured by 90% Deed of Trust. Lenlershalt request Trustee to reconvey the
<br />Piviperty and shall surrender this Deed of Trust and all notes evidencing indebtedness secured by this Deed of Trust to Trustee.
<br />Vusteet shalt reconvey ins Propettf without warranty and without charge to the person or persons legally entitled thereto.
<br />Trustor shall pay all costs of recordation, if any
<br />(h) Parsonai Property; Se oft A9hotrtanf. As additional security for the payment of the Note. Trustor hereby grants
<br />Lender under the Nebraska Uniform Commercial Code a security interest to fill fixtures. equipment, and other personal property
<br />used in connection with tt�e real testate or impfovernents 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 to addition to the rights and remedies created under
<br />and accorded the lender pursuant to this peed of Trust, provided that Lender's rights and remedies under this paragraph shall
<br />be cumulative with. and in no way a limitation on. Lender's rights and remedies under any other security agreement signed by
<br />Borrower or Trustor
<br />(t) Lferw ar1M Enewnbraeeee. Trustor hereby warrants and represents that there is no default under trn pr0vi5r0n5 of ar,y
<br />mortgage. deed of trust feaseor purchase contract describing all or any part of tic Property, or other contract. instrument or
<br />ayretment consinu Ling a rien or enCUmDranCe against all Of any Dart 0! the PrbDerfy (colle ,,lively. "Liens—). existing as of the
<br />delis of this Deed of Trust and t-Mat any and all existing Liens remain urmadified except as disclosed to Lender in Ttusfar's
<br />written disclosure of tens and encumbrances provided for herein Trristor shall timely perfarm all of Trustor s obligations.
<br />Covenants. representationsand warr;inties under any and all existing and future liens, shall promptly forward to lender copses
<br />01184 rtottGes of defaull sent in cannecCan with any and ail erisdng or future Liens. and shall not without Lender $ pnot Wntfert
<br />consent in any manner modify the provmons of or allow any future advances under any existing or hiture liens
<br />lit Appkabn of PsynorAs. Onless otherwise regr !ed py law suns paid t3 Lender hereunder. inciuding without i,m tation
<br />03ymdnts Of t,rinGipw and interest. insurance proceeds condemnation prGCeeds and rents and vfoM5 tilt lttll3,.e,j by
<br />Lrrr:�e'
<br />to thB Brraunlsd iY. Rr.dCi:Y:rrj morn Trustor Arid Mrrciwer to Sj ZV GrC er as L©rder in its 5C°Ct !*,t, ,et d v "rt) des-taCie
<br />Sehisrablililfy. _! any y!ow.siun of this Deed of Trust confilf:N rv.Lh apps - chore saw C_ 's 't =E. clrf`1 •!'v;i! 1 ! cltrserytri$e
<br />uvenf_ntceaVe. sash ranf!:Ll or :riJie.diry SNO A artet I tfte Ole- ptu-i,10'?s !3t tnis, Deed c4 Trust or tr'tr t.ti't- ,nth .:It Carl to
<br />-J ar -j -, lri s cri!i tt E. r is rr ! - i
<br />'{! C �S�!I 3fi`tr-•S���G- rL;,ttl��ri• "C �- ,'.�'�!`OL,t:L [•(,
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