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<br /> No portion of the Property will be removed, demolished or materially altered without Lender's prior written
<br /> consent except that Grantor has the right to remove items of personal property comprising a part of the Property
<br /> that become worn or obsolete, provided that such personal property is replaced with other personal property at
<br /> least equal in value to the replaced personal property, free from any title retention device, security agreement or
<br /> other encumbrance. Such replacement of personal property will be deemed subject to the security interest
<br /> created by this Security Instrument. Grantor will not partition or subdivide the Property without Lender's prior
<br /> written consent.
<br /> Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the purpose of
<br /> inspecting the Property. Lender will give Grantor notice at the time of or before an inspection specifying a
<br /> reasonable purpose for the inspection. Any inspection of the Property will be entirely for Lender's benefit and
<br /> Grantor will in no way rely on Lender's inspection.
<br /> 11. AUTHORITY TO PERFORM. If Grantor fails to perform any duty or any of the covenants contained in this
<br /> Security Instrument, Lender may, without notice, perform or cause them to be performed. Grantor appoints
<br /> Lender as attorney in fact to sign Grantor's name or pay any amount necessary for performance. Lender's right
<br /> to perform for Grantor will not create an obligation to perform, and Lender's failure to perform will not preclude
<br /> Lender from exercising any of Lender's other rights under the law or this Security Instrument. If any
<br /> construction on the Property is discontinued or not carried on in a reasonable manner, Lender may take all steps
<br /> necessary to protect Lender's security interest in the Property, including completion of the construction.
<br /> 12. DEFAULT. Grantor will be in default if any of the following occur:
<br /> A. Payments. Grantor fails to make a payment in full when due.
<br /> B. Insolvency. Grantor makes an assignment for the benefit of creditors or becomes insolvent, either because
<br /> Grantor's liabilities exceed Grantor's assets or Grantor is unable to pay Grantor's debts as they become due.
<br /> C. Death or Incompetency. Grantor dies or is declared incompetent.
<br /> D. Failure ot Condition or Term. Grantor fails to pay, or perform any condition or to keep any promise or
<br /> covenant on this or any debt or agreement Grantor has with Lender.
<br /> E. Misrepresentation. Grantor makes any verbal or written statement or provides any financial information
<br /> that is untrue, inaccurate, or conceals a material fact at the time it is made or provided.
<br /> F. Judgment. Grantor fails to pay or discharge a judgment against Grantor for the payment of money, unless
<br /> within ten days of its entry the judgment is either satisfied or a stay of enforcement is granted pending
<br /> appeal.
<br /> G. Forfeiture. The Property is used in a manner or for a purpose which threatens confiscation by a legal
<br /> authority.
<br /> H. Name Change. Grantor changes Grantor's name or assumes an additional name without notifying Lender
<br /> before making such a change.
<br /> I. Property Transfer. Grantor transfers all or a substantial part of Grantor's money or property.
<br /> J. Other Instruments. A default occurs under the terms of any instrument evidencing or pertaining to the
<br /> Secured Debts.
<br /> K. Insecurity. Anything else happens that causes Lender to reasonably believe that Lender will have difficulty
<br /> collecting the amount owed under the terms of the Secured Debts or significantly impairs the value of the
<br /> Property.
<br /> 13. REMEDIES. Lender may use any and all remedies Lender has under state or federal law or in any instrument
<br /> evidencing or pertaining to the Secured Debts, including, without limitation, the power to sell the Property. Any
<br /> amounts advanced on Grantor's behalf will be immediately due and may be added to the balance owing under
<br /> the Secured Debts. Lender may make a claim for any and all insurance benefits or refunds that may be available
<br /> on Grantor's default.
<br /> Subject to any right to cure, required time schedules or other notice rights Grantor may have under federal and
<br /> state law, Lender may make all or any part of the amount owing by the terms of the Secured Debts immediately
<br /> due and foreclose this Security Instrument in a manner provided by law upon the occurrence of a default or
<br /> anytime thereafter.
<br /> All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided at law
<br /> or equity, whether or not expressly set forth. The acceptance by Lender of any sum in payment or partial
<br /> payment on the Secured Debts after the balance is due or is accelerated or after foreclosure proceedings are filed
<br /> will not constitute a waiver of Lender's right to require complete cure of any existing default. By choosing any
<br /> one or more of these remedies Lender does not give up Lender's right to use any other remedy. Lender does not
<br /> waive a default if Lender chooses not to use a remedy. By electing not to use any remedy, Lender does not
<br /> waive Lender's right to later consider the event a default and to use any remedies if the default continues or
<br /> happens again.
<br /> 14. COLLECTION EXPENSES AND ATTORNEYS' FEES. On or after Default, to the extent permitted by law,
<br /> Grantor agrees to pay all expenses of collection, enforcement or protection of Lender's rights and remedies
<br /> under this Security Instrument. Grantor agrees to pay expenses for Lender to inspect and preserve the Property
<br /> and for any recordation costs of releasing the Property from ttiis Security Instrument. Expenses include, but are
<br /> not limited to, attorneys' fees, court costs and other legal expenses. These expenses are due and payable
<br /> immediately. If not paid immediately, these expenses will bear interest from the date of payment until paid in full
<br /> at the highest interest rate in effect as provided for in the terms of the Secured Debts. To the extent permitted
<br /> by the United States Bankruptcy Code, Grantor agrees to pay the reasonable attorneys' fees Lender incurs to
<br /> collect the Secured Debts as awarded by any court exercising jurisdiction under the Bankruptcy Code.
<br /> 15. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law
<br /> means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act
<br /> (CERCLAI, all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions
<br /> or interpretive letters concerning the public health, s�fety, welfare, environment or a hazardous substance; and
<br /> TIMOTHY R 0'NEILL X /_,,._
<br /> i�
<br /> Nebraska Deed Of Trust Initials
<br /> NE/2nadm1055F000000000000003A00000038nA "'1996 Bankers Systems,Inc.,St.Cloud.MN R a„a�R �,OfJ
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