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F_ <br />90�00004 <br />a Indisertl DOWA la. Lander is hereby assigned all compensation. awards. damages and other payments or retest therein lot " Proceeds') in connection with <br />condemnation or other taking of lose Properly or pail Ihmr&of.Of for conveyance in lien of condemnation L ender shall be entitled at its option to commence. appear In and <br />prosecute in tale own name any action or proeWdinge. and shall also be entitled to make any compromise or Nlllemenl in connection with such lolling of damage In the <br />eyenl any portion of the Properly to so taken of damaged. Lander shall have the option. in its sore and absolute discrelion. to apply all such Proceeds. miler deducting <br />Ihelolipm all costs andex)entes incurred by it rn conmactlon with such peocgds. upon any indabtedness secured hereby and in Such order as lender may determine. or to <br />apply all such Proceeds. altar such dmdrulidns. to one restoration of the Properly upon such conditions as Lander may determine Any Application of Proceeds to <br />IndOWness shall not extend or pOSlpome the due del* of any psymont► under the (Vote. or cure any delault thereunder or hereunder <br />7. ►esf&rleaaserylnaset i nthtevanlofBorrower' s failure toperlorm. anyof the covenents herein or make any payments requited hereby. at stony set 11 lesson Of <br />Iegalprocess" commenced which nNtanallya11ac1aLander 's interest inlhsPropSdv Lender may inilS own discretion. but without obligation todoso - and without notice <br />to or demand upon Borrower and without felemsing Borrower Irom any obligation. do any ac t which IM Borrower has agreed but falls to do and easy also doany Other act it <br />dooms necessary to protect the "Curtly hereol Borrower shall immediately Upon demand Iherelor by lender pay to Lander all costs and expenses incurred and sums <br />esperidedby Lender in connection with Ilia Amarcam by Lender of the foregoing rights. together with W411 811,11 111916011 at Ihm role provided In the Note. which shell bsadded 00 <br />the Na/eblednASs secured hereby Lender shall not incur any personal liability because of anything it may do or Omit to do hereunder <br />• lsaale M BNaaO. The following shall constitute an avant of defaull under this peed of Trust <br />(a) Failure to pay any installment of print: total or interest cis any other atom secured hereby when due. at fadutattopay, when due4ny other inclobledness of <br />Borrower to lender. <br />(bl 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 />! (C) AwritofexecutionorallochmentoranysimilarprocessshallbeenteredagainstSarowarwhichshallbecomeal ienantheProperIVofAnyPortion <br />thWGM or intela it therein. <br />(d) The shall be filed by or %Mend Borrower an action under any present or future federal slats or other statute. law or regulation totaling to <br />beakfuplcy.Insolvency. or other relief for debtors. or there shell be appointed any trustee. receiver of liquidator of Borrower or of auor say pan of IM Properly, Or <br />the tarns. issue* of profile thereof. or Borrower shall make any general Assignment fa the bere-Ait of credelois <br />(a) TM ssN. translar. Sssipnment. conveyance or further encumbrance of SN at any pail of Or any interest in Use Property. sooner vohiMarily or <br />devakMtlaNy, without the express written consent of Lender <br />491 If Borrower is not an rriaielidual, the $ate. trar star, assignment. conveysnce or encumbrance of more than _ __ percent of pt a corporation) Its <br />teeeea and outstanding stock or pl a partnership) .. _ percent of partnership interests <br />g Nomt W alic NMaNM Upea Default. in the event of any Event of Default Lander may declare all it itEdbtedness Secured hereby to be due and payable and the <br />Sum Yell gtersupcen become due and payable without any were- mtment. demand. ')latest of notice of any ►and Thereafter lender may <br />(a) Demand that Trustee emesceselhePCIWERL )F SALE gracelbdheraan andT ruslee shall itiecoatter cause 1kruraway's interest in In* Property to be sold <br />and the placaada to be distributed. all in Ilia mannet provided in the Nebraska Trust Deeds Act. <br />(b) Either in person or by agent. with or without brinprng any action or proceeding, or Oyu receiver appointed by a court and without regard lathe <br />adequacy of it& Security. *ntar upon and uke possession of the Property. or any part [hereof. in its t. soli •::ame Orin the name at the T r ustee. and doony acts which <br />it dame necessary or desirable to pro +dive the value. marketability or rentabohly of the Propurrt or pail thereof or interest therein. increase IM income <br />tMrstrOm or project the 6lcurtty hereof and, with or without taking possession of the Properly. stio t ar or otherwise collect the tents. issues and profits thereof. <br />including those past due and unpaid. and apply the same less costs andeaponses of operation and collection including atlorneyi leas. upon any rndebledness <br />secured hereby, all in such older as lender may del. imma The entering upon and fi ikmq possession of the Properly the collection of such rents .a3i lax and <br />profits and the application thereof as aforesaid, shall not cure or waive any Was ll or i .;a +ce of default hereunder Of mvatidale any act done in rasp o� °i: to such <br />i driiaun of pufa want to such Amoco of default anct. rai numanding the continuance all j.D:.C.::i:^ of the Properly of the cotlec!ior.. eeee!pt and application of <br />rents, issues or profits. Trustee or Landes shall be entnlod to exece.se ever Or tight provided la in a- +„ of Inv Loan Instruments or toy uais •upon occutence o) any <br />event of default. including the right to exercise Ilia power of sale. a•.1a <br />tc) Commences an action to foreclose this Deed of Trust as a mortgage. appoint a receiver us specifically enforce any of the covenants hereof. <br />Ne -remedy herein contacted uponor reservedics Tiusteetto Unlit- is intended to beenclusiveof any other comedy heresnof by lie* provided or permitted but each shall be <br />cumulative. shall be in addition to awry other rerledy given hereunder or now or hereafter e.islong at taw or in equity or by statute and may be exercised concurrently. <br />independently or surcesswoty <br />10 Trust". The Trustee may resign al any time wdhoul cause and Lender may al any tame anu wilm.sod cause appoint a successor or substitute Trustee Trustee <br />shall not be liable for any loss or damage unless due to xefronable negligence or willlui misconduct and shat nut lee required to lake any action in connection with the <br />enforcement of this Doed of Trust unless indemndred in writing for all costs. compensation or expenses which may be assns riled therewith In addolion Truslee may <br />baeomeapurchaser& IanynoeoftheProperlyOudici alorunderthe poweratsalegranludhereinI postpone tie sate of all orally purhdnul Inv Properly as provided bylaw. <br />or sal the Properly as a wlrrale . +x aeparAlm paaSls or 1016 <br />11 FgsWfe "snese. Upon request of Borrower. Lender may at its option make additional and future advances and madvances to Borrower Such advances and <br />teadvanea. awFh interest (hereon. shall be secured by this Deed of Trent At nc leaves shall lire principal amount all the rndebrhdness secured by thes Dved of Trust. not in- <br />cluding sums advanced to protect the Security at Ixis Dead oI Trust. exceed the (wi9i sal principal amount staled herein or $ 20j,200.00 - whichever is <br />Weatar <br />' 12. 1WseNfaieousProvtebns. <br />(a) Borrower (Mot Released. Extension of the time for payment or modification of amurfitation of Otte sums aecured by this Deed of Trust granted by <br />Lander loany successor in mtaratit of Borrower shall not operate to release in any manner the liability of the tarigonal Borrower and Borrower is •uCCOSS016 in <br />interest Lender shall not be loquitev locommence proceedings against Such Successor of release to extend time lot payment or otherwise modily, amortization <br />of Ire sums secured by this Deed o! Trust by reason of any danands made by the original Borrower and Borrower s succul wit an mletusl <br />(b) Laintlet'slPsysters. Without affecting the liability of any other poison liable for the payment Of any obligation hervin mentioned and withoul affecting <br />the lion or charge olthiWaidof Trust upon any portion of the Properly not then,.,". � elelolure released as bectu sty for lite full artiourat of all unpAiC 3blegAtions. <br />!' Lender may. from time to time and without notice lit release any person so lidbte ,t extend the maturity us alive any of the forms of any such ebrijaiions. Nn) <br />1 grant other indulgences. I tell release offeconv @y or cause lobe released too teconveyedal any lime attendersoplei iou easy paicel pclliator oil of Into Properly. <br />(v) Lake or raNaSe any other or additional security lot any oblegshow he, din. uwnuoned. or (vr) make compositions or other arrangwriew!, with dobrots in relation <br />Iltsoralo <br />(c) ►odielwanCaYy Lender Note Waller- Any forbearance by Lender in enercising any right or remedy nerea.rider or otherwise afforded by applicable <br />1 low• shall not boa wnverofor preclude the e ■ere;%wi;nanvsucn sign; or(emedy The procurement olrnsuianceofItat paymonlof lanes at other hansorcharges <br />by Lerdar shag not be a waiver of Lender's Icons to ai..caierate the maturity of the indebtedness seculaid by thn Clara of Trust <br />j (d) Successors and Assigns Bound; alcohol And gestowsol LialaWty; Captions. The covenants and agraemertth nerem contained shall bind. and the nghls <br />p hereunder shall inure lo, the falspecs.ve successors and assigns of a ender and Borrower subject lathe provisions Of paragraph Ste) hereof All covenants and <br />l <br />agreements of 13oordwat shall berOsne and several The caphorlik ar.0 need ings of the paragraphs of this Deed of T Post are lot convenience only and ate not lobe <br />i ugdr0 <br />(al l nafptMIVr dvirr.rOi* <br />y Ties t,tui.as li iimtveuat Y <br />y aMills- i4Vil : ° amded to ■Yq{I...eMYO1i� <br />eaehpart, to thus, Deed of Trust so the address set tooth above Oil its mamer pit+gG' ?sod by applicable law EltCairi": any Other notice iequried aeGiei applicable <br />taw so be given in another manner, any notice provided for tai Seas Coved of Teat snau be given by matting sucn-r or-cu by caddied mail addressers [A Ina other <br />panes, of sew address Set forth above <br />L <br />Any nObce provided lot in this Deed of Trust shall be deemed to nave been given to Borrower of Lender when given in In* manner designated herein <br />(1) tnepacllsn. Lender May wlakeOrcataserojae made reasonable entries upon and inspections of In* Prop" provided that Lander shall give Borrower <br />0. <br />11OIN;e pier IO any such mfpection epeuiywq <br />(g) Reoccanissolissince. Uponvayment ofall sums Secured by this Deed at trust. Loodef shall request Trustee to reconvey the Properly andshall surfandat <br />this Deedol Trust and all notes evidencing indebtedness secured by this Dead of Trust to Trustee Trustee shall reconvey the Property without warranly and <br />without charge to the person or parsons legally entitled thereto Such poison or parsons shall pay all costs of recordation. it any. <br />(h) Iefsarld/ r& pwil. SaoadlyAgraae► eslAsadditionalstecurityforthepaymentofIn* Not* alllalures. equipme nt.andotherpersonalpropertyused <br />in connection with the coal a slat* of Improvements located thereon, and not otherwiw declared or deemed to be a part of the coal estate secured hereby. shall be <br />subject to& sojecurdy inisi"t in fatior of the Lender undef thoo Nebraska Uniform Commercial Code This rnshum-onl shall be construed asa Sector sly Agreement <br />under said Code. and the Lender shall have all the nghts And Ieffiadlea of a secured party under said Code in Addition to the rights and remedies created under <br />and accorded the lender pursuant to this Deed of Trust <br />ill GaverMrly. In the event that any provision of this Deed of Trust conflict with applicable law orate declared invalid or other wise unenforceable. such <br />conflict Or Invddily shall not affect "Other provisions of this Deed of To tall or the Mole which can be given collect without in* conflicting provision. and to this <br />and the Provisions of the Deed of Trust and the Note are declared to be severabit <br />Borrower Iles executed this De&d of Trust the dAe written &bow <br />William Je rhein <br />Doris L e 'rhein <br />. Bnttower <br />p.rrrr•welr <br />7 <br />I <br />r` <br />r� <br />ti <br />