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200301501
<br />5. Maintenance Repairs and Compliance with Laws. Borrower shall keep the Property In good condition and repair;
<br />shall promptly repair, or replace any improvement which may be damaged or destroyed; shall not remove, demolish or substantially alter any
<br />of the improvements on the Properly; shall not commit, suffer or permit any act to be done in or upon the Properly in violation of any law,
<br />ordinance, or regulation; and shall pay and promptly discharge aI Borrower's cost and expense all liens, encumbrances and charges levied,
<br />imposed or assessed against the Property or any part thereof.
<br />6. Eminent Domain. , Lender Is hereby assigned all compensation, awards, damages and other payments or relief thereinafter
<br />'Proceeds') In connection with condemnation or other taking or the Property or part thereof, or for conveyance In lieu of condemnation.
<br />Lender shall be entitled at its option to commence, appear in and prosecute In its own name any action or proceedings, and shall also be
<br />entilled to make any compromise or settlement In connection with such taking or damage. In the event any portion of the Property is so
<br />taken or damaged, Lender shall have the option, In Its sole and absolute discretion, to apply all such Proceeds, alter deducting therefrom all
<br />costs and expenses Incurred by it In connection with such Proceeds. upon any Indebtedness secured hereby and In such order as Lender
<br />may determine, or to apply all such Proceeds, after such deductions, to the restoration of the Properly upon such conditions as Lender may
<br />determine, Any application of Proceeds to Indebtedness shall not extend or postpone the due dale of any payments under the Note, or cure
<br />any default thereunder or hereunder.
<br />7. Performance by Lender. In the event of Borrower's failure to perform any of the covenants herein or make any payments
<br />required hereby, or It any act is taken or legal proceeding commenced which materially affects Lender's Interest in the Property. Lender may in
<br />Its own discretion, but without obligation to do so, and without notice to of demand upon Borrower and without releasing Borrower from any
<br />obligation, do any act which the Borrower has agreed but falls to do and may also do any other not II deems necessary to protect the
<br />security hereof. Borrower shall, Immediately upon demand therefore by Lentler, pay to Lender all costs and expenses incurred and some
<br />expended by Lender In connection with the exercise by Lender of the foregoing rights, together with Interest thereon at the rate provided In
<br />the None, which shall be added to the indebtedness secured hereby. Lender shall not Incur any personal liability because of anything It may
<br />do or omlt to do hereunder.
<br />8. Events Of Default. The following shall constitute an event of default under this Deed of Trust:
<br />(a) Failure to pay any installment of principal or Interest or any other sum secured hereby when due, or failure to pay when due any
<br />enter Indebtedness of Borrower to Lender;
<br />(b) A breach of or default under any provision contained in the Note, this Deed of Trust, any document which secures Ice Nate,
<br />and any other encumbrance upon the Properly;
<br />(e) A writ of execution or attachment or any similar process shall be entered against Borrower which shall become a lien on the
<br />Properly or any portion thereof or Interest therein:
<br />(d) There shall be tiled by or against Borrower an action under any present or future federal, state or other statute, law or regulation
<br />relating to bankruptcy, Insolvency or other relief for debtors: or there shall be appointed any trustee, receiver or liquidator of
<br />Borrower or of all or any part of the Property, or the rents, Issues or profits thereof, or Borrower shell make any general assignment
<br />for the benefit of creditors;
<br />(e) The sale, transfer, assignment, conveyance or further encumbrance of all or any pad of or any Interest In the Property, either
<br />voluntarily or involuntarily, without the express written consent of Lender.
<br />9, Remedies;. Acceleration Upon Default. In the event of any Event of Default Lender may declare all Indebtedness
<br />secured hereby to be due and payable and the same shall thereupon become due and payable without any presentment, demand, protest or
<br />notice of any kind. Thereafter Lender may,
<br />(a) Demand that Trustee exercise the POWER OF SALE granted herein, and Trustee shall thereafter cause Borrower's Interest In the
<br />Property to be sold and the proceeds to be distributed, all in the manner provided In the Nebraska Trust Deeds Act;
<br />(b) Either in person or by agent, with or without bringing any acllon or proceeding, or by a receiver appointed by a court and
<br />with..[ regard to the adequacy oI it security, enter upon and take possession of the Property, or any pad thereof, in Its awn name
<br />or in the name of Trustee, and do any sets which it deems necessary or desirable to preserve the value, marketability or rentability
<br />oI the Property, or pan thereof of Interest therein, increase the income therefrom or protect the security hereof and, with or without
<br />taking possession of the Property, sue for or otherwise collect the rents, Issues and profits thereof, including those past due and
<br />unpaid, and apply the same, less costs and expenses of operation and collection Including attorneys' lees, upon any indebtedness
<br />secured hereby, all In such order as Lender may determine. The entering upon and taking possession of the Propeny, the
<br />collection of such rents. Issues and profits and the application thereof as aforesaid, shall not cure or waiver any default or notice of
<br />delaul[ hereunder or Invalidate any of done In response to such default or pursuant to such notice of default and, notwithstanding
<br />Ilia continuance In possession at Ilia Property or ilia eollecllon, receipt and application of rents, Issues or profits, Trustee or Lender
<br />shall be entitled to exercise every right provided for In any of the Loan Instruments or by law upon occurrence of any event of
<br />delaull, including the right to exercise the power of sale; and
<br />(c) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or speelltcally enforce any of Ilia
<br />eovenanls hereof;
<br />No remedy herein conferred upon or reserved to Trustee of Lender Is intended to be exclusive of any other remedy herein or by law provided
<br />or permitted, but each shall be cumulative, shall be In addition to every other remedy given hereunder or now or hereafter exisling nl law or
<br />In equity or by statute, and may be exercised concurrently, independently or successively.
<br />10. Trustee. The Trustee may resign at any time without cause, and Lender may at any time and without cause appoint a
<br />successor or cretaktule Trustee. Trustee shall not be liable for any loss or damage unless due to actionable negligence or willful
<br />misconduct, and shall not be required to lake any action In connection with the enforcement of this Deed of Trust unless
<br />Indemnified, In writing, for all costs, compensation or expenses which may be associated therewith. In addition, Trustee may
<br />become a purchaser at any safe of the Property Qudlelal or under the power of sale granted herein); postpone the sale of all or any
<br />portion of the Propeny, as provided by law; or sell the Property as a whole, or in separate parcels or lots,
<br />'e' '.. a P., 2 al 4
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