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<br /> 2000M42 20005708
<br /> (e) The sale, transfer, lease, assignment, conveyanc•rl or further er,r,smt«rance of all or any part of or any interest in the
<br /> Property, either voluntarily or involuntarily, without file exprs)ss written conscn' of Lender; provided that Trustor shall be permit-
<br /> ted to execute a iease of the Property that does not contain an option tra, purchase and the term of which does not exceed one
<br /> year,
<br /> (f) Abandonment of the Property; or
<br /> (g) If Trustor is not an individual, the issuance, sale, transfer, assignment, conveyance or encumbrance of more than (it a
<br /> corporation) a total of percent of its issued aril outstanding stock, or (if a partnership) a Total of per-
<br /> cent of partnership interests. or (it a limited liability company) a total of percent of the limited liability compa-
<br /> ny interests or voting rights during the period this Deed of Trust remains a lien on the property.
<br /> 12. Remedies; Acceleration Upon Default In the event of any Event of DofFult Lender may, without rv.)tice oxeept as required
<br /> by law, declare aii indebtedness secured hereby to be due and payable and the same shall thereupon become due and payable with-
<br /> out any presentmer', demand, protest or notice of any kind. Thereafter Lenuar may:
<br /> (a) Demand that Trustee exercise the POWER OF SALE granted herein, and Trustee shall thereafter cause Trustor's inter-
<br /> est in the Property to be sold and the proceeds to be distributed, all in the manner provided in the Nebraska Trost Deeds 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 specilicalh,r 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 heroin, in the Loan
<br /> Instruments or by law provided or permitted, but each shall be cumulative, shall be in addition to every other remedy given hereunder,
<br /> in the Loan Instruments or now or hereafter existing at law or in equity or by statute, and may be exercised concurrently, independently
<br /> or succesively,
<br /> 13. Trustee. The Trustee may resign at any time without cause, and Lender may at any time and without cause appoint a sr
<br /> cessor or substitute Trustee. Trustee shall not be liab;a to any party, including without limitation Lender, Borrower, Trustor or any pur-
<br /> chaser of the Property, for any loss or damage unless due tr, reckless or willful misconduct, and shall not be required to take any action
<br /> in connection with the enforcement of this Deed of Trust unless indemnified, in writing, for all costs, compensation or expenses which
<br /> may be associated therewith. In addition, Trustee may become a purchaser at any sale of the Property (judicial or under the power of
<br /> sale granted herein); postpone the sale of all or any portion of the Property, as provided by law; or sell the Prrrperty as a whole, or in
<br /> separate parcels or lots at Trustee's discretion.
<br /> 14. Fees and Expenses In the event Trustee sells the Property by exercise of power of sale. Trustee shall be entitagd to apply
<br /> any sale proceeds first to payment of all costs and expenses of exercising power of sale, including all Trustee's fees, and Lender's and
<br /> Trustee's attorney's fees, actually incurred to extent permitted by applicable law. In the event Borrower or Trustor exercises any right
<br /> provided by law to cure an Event of Default, Lander shall be entitled to recover from Trustor ail costs and expenses actually incurred as
<br /> a result of Trustor's default, including without limitation all Trustee's and attorney's fees, to the extent permitted by applicable law.
<br /> 15. Future Advances. Upon request of Borrower, Lender may, at its option, make additional and future aadvancos and read-
<br /> vances to Borrower. Such advances and readvancos, with interest thereon, shall be secured by this Deed of Trust. At no time shall the
<br /> principal amount of the indebtedness secured by this Deed ofIrrust, not including sums advanced to protect the security of this Deed of
<br /> Trust, exceed the original principal amount stated herein, or $ 175, 000.00 whichever Is greater.
<br /> 16. Miscellaneous Provisions.
<br /> (a) Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured by this
<br /> Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liabili-
<br /> ty of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings
<br /> against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this
<br /> Deed of Trust by reasnn of any demands made by the original Borrower and Borrower's successors in interest.
<br /> (b) Lender's Powers. Without affecting the liability of any other person liable for the paayment of any obligation herein men-
<br /> tioned, and without affecting the lien or charge of this Deed of Trust upon any portion of the Property not then or theretofore
<br /> released as security for the full amount of all unpaid obligations, Lender may, from time to time and without notice (i) release
<br /> any person so liable. (ii) extend the maturity or alter any of the terms of any such obligations, (iii) grant other indulgences, (iv)
<br /> release or convey, or cause to be released or reconveyed at any time at Lender's option any parcel, portion or all of the
<br /> Property. (v) take or release any other or additional security or recoriveyed at any time at Lender's option any parcel, poniGn or
<br /> all of the Prop-irty, (vi) take or release any oth9r or additional security for any obligation herein mentioned, or (vil) make compo-
<br /> sitions of other atrrangements with debtors in reiation thereto,
<br /> (c) Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or oth-
<br /> erwise afforded by applicable law, spa 7lot'.4 Waiver of or preclude the exercise of any such right or remedy. The procure-
<br /> ment of Insurance or the payment of to qs or other jlcns or dharges by Lender shall not be a walver or Lender's right to acceler-
<br /> ate the maturity of the indebtedness Secured by.'thli'Deed of Trust
<br /> (d) Suw-t ssors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein con-
<br /> tained shru bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Trustor. All
<br /> covenants and agreements of Trustor shall be joint and several. The captions and headings of the paragraphs of this Doed of
<br /> Trust are for convenience only and are not to be used to interpret or define the provisions hereof,
<br /> (o) Request for Notlcos. The parties hereby request that a copy of any :totlco of default hereunder and a copy of any notice
<br /> of sale hert:.indor be mailed to each party to this Deed of Trust at the address set forth above in the manner prescribed by
<br /> ai,plicZibl; law. Except for any other notice required under applicable law to be given in another manner, any notice provided for
<br /> in this (Deed of Trust shall be giw3n by mailing such notice by certified mail addressed to the other parties, at the address set
<br /> forth above. Any notice provided for in this Deed of Trust shall be effective upon mailing in the manner designated herein. If
<br /> Trustor is more than one person, notice sent to the address set forth above shall be notice to all such persons.
<br /> (f) Inspection. Lender may make or cause to be made reasonable entries upon and Inspections of the Property, provided
<br /> ,h al Lender shall give Trustor notice prior to any such Inspection specifying reasonable cause therefor related to Lender's inter-
<br /> est in the Property.
<br /> (g) Reconveyance. Upon payment of all sums secured by this Deed of Trust, Lender shall request Trustee to reconvey the
<br /> Property and shall surrender this Deed of Trust and all notes evidencing Indebtedness secured by this Deed of Trust to
<br /> Trustee. Trustee shall rcconvey the Property, without warranty and without charge to the person legally entitled thereto. Trustor
<br /> shalt pay alt costs or recordation, if any.
<br /> (h) Personal Property; Security Agreement. As additlonal security for the payment of the Note, Trustor hereby grants
<br /> Lender under the Nebraska Uniform Commercial Coda a security Interest in all fixtures, equipment, and other personal property
<br /> used in connection with the real estate or improvements located thereon, and not otherwise declared or doomed to he a part of
<br /> the real estate secured hereby. This instrument shall be construed as fit Socurlry Agreement under sold erode, and the Lander
<br /> shall have all tho rights and renlodios of a secured party under said Coda In addition to the rights arid rornodres undor this
<br /> partatlrslph Shitli be CUmtlliative with, and In no wiry fir 11mitrtiun on, Londor's righter and romo(1ie>x undor any other security rtgron-
<br /> ;nent:ogned by Borrower or Trustor.
<br /> (i) I. Inns and Encumbrances. T•,rstor hereby warrants and reprotrants that thorn Is no dofnult undor tho provisions of any
<br /> mortrgoor), rifted of trust, lease or purchaeo contrtict doncribing all or nny part of the. Property, or other contract, instrumaral or
<br /> iagrorrmont cun^stiliAng as lien or oncumbranco against all or any part of tho Property (collectively, "Lions"), existing as of tho
<br /> date) of trik Dood of Tru ;t, and that tiny and all oxialing Lions romain unrnodrfitad except as dlscloood to Lundor In Trustor's writ.
<br /> tun d,!.closur6 of lions rind oncurnbrnrtcos provided for haraln. Trustor shall timely perform all of Trustor's obligations.
<br /> covenrinta, rerpresnnuitions and waarrantieti under any and all oxlsting and future Lions, shalt promptly forward to Londor copies
<br /> of rill not-ott of default coat in connection with tiny and all oxiatlno or future Llano, rind shall not without Lender's prior wrliton
<br /> consont in any manner modify the provisions of or allow any ftJtt.ve advances under any existing or future liana.
<br /> (j) Applications of Payments. Unless otherwise rbqulrev try law, sums paid lr Lander horoundor, Including without imils-
<br /> tion payrnents of principal and Interest, insurance prxeeds, condemnation proceeds and rents and pwfitw, shall be applaud by
<br /> Lender to the amounts duo and owing from Trustor and borrower In such order its Lander In Its sole dlncrollon dtiorns datur•
<br /> rablo.
<br /> (k) 3evorabllity. If any provision of Ihls Deed of Trust conflicts with applicable taw or 13 declared Invalid or otherwise uc,c:n-
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