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2003023$9
<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 Property In violation of any law,
<br />ordinance, or rugulalian; and shell pay and lumanny discharge at Borrower's coal and expense all liens, encumbrances and charges levied.
<br />Imposed or assessed against the Property or any pan thereof.
<br />B. 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 pan thereof, or for conveyance In lieu of condemnation.
<br />Lender shall be enlllled at Its option to commence, appear in and prosecute In its own name any action or proceedings, and shall also be
<br />of illed 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 alt 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 dolermloo, or to apply ell such Proceeds, alter such deductions, to the restoration of the Property upon such conditions as Lender may
<br />determine. Any application of Proceeds to Indebtedness shall not extend or postpone the due date 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 .[feels Lender's Interest in the Property, Lender may In
<br />Its own discretion, but without obligallon to do so, and without notice to or demand upon Borrower and without releasing Borrower from any
<br />obligation, do any act which the Borrower has agreed but fails to do and may also do any other act It deems necessary to protect the
<br />security forced. Borrower shall, Immediately upon demand therefore by Lentler, pay to Lender all costs and expenses incurred and sums
<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 Note, which shall be added to the Indebtedness secured hereby. Lender shall not Incur any personal liability because of anything It may
<br />do or omit to do hereunder.
<br />8. Events of Default. The following shall conclude an event of default under this Deed of Tri
<br />(a) Failure to pay any installment of princlorm or Interest or any other sum secured hereby when due, or failure to pay when due any
<br />other 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 the Note,
<br />and any other encumbrance upon the Property;
<br />(c) A writ of execution or aaacbrreent or any ally., process shall be entered against Borrower which shell become o fien on file
<br />Property or any portion thereof Of Interest therein;
<br />td) There shall be filed by or against Borrower an acllon under any present or future federal, slate or ether 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 pall of the Property, or the reels, Issues or profits thereof, or Borrower shall make any general assignment
<br />for the benefit at 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. Remediee; Acceleration Upon Default. In the weal of any Event of Default Lender may declare all Iona moots.
<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 then Trustee exercise the POWER OF SALE granted herein, and Trustee shall thereafter cause Borower'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) Fluor In person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and
<br />wllhout regard to the adequacy of It security, enter upon and take possession of the Properly, or any part thereof, In Its own name
<br />or In the name of Trustee, end do any acts which it deems nocessury or desirable to preserve the value, marketability or reliability
<br />of the Property, or part thereof of Interest therein, increase the income therefrom or protect the security hereof and, with or without
<br />taking possession of the Properly, sue lot or otherwise collect the rears, Issues and profits thereof, including those past due and
<br />unpaid, and apply the some, less costs and expenses of operation and collection Including attorneys' lees, upon any knobacdneso
<br />secured hereby, all In such order as Lender may determine. The entering upon and taking possession of the Property, the
<br />collection of such reels, Issues and profits and the application thereof as aforesaid, shall not cure or waiver any default or notice of
<br />default mart nder or invalidate any act done in respunua to such default or pursuant to such notice Of default and, aulwull standing
<br />Ilia continuance In possession of the Property or Ilia collection, receipt and application of rents, Issues or profits, Trustee or Lender
<br />shall be entitled to exercise every fight provided fur In any of the Loan Instruments or by law upon occurrence of any evenl at
<br />default including the right to exercise the power of sale; and
<br />(c) Commence an action to foreclose this Decd of Trust as a mortgage, uppalnl a receiver, or specifically enfu¢e any of it's
<br />covenants hereof:
<br />No remedy heroin 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 culattlelive. shall be In addition to every other remedy given hereunder or now or hereafter existing at 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 an any line and without cause appoint a
<br />successor or substitute Trustee. Trustee shell not be liable for any loss or damage unless due In actionable negilgence o r willful
<br />misconduct, and shall not be required to lake any action In connection with the enforcement of this Deed of Trust unless
<br />Indemndied, In wrilbeg, fur all costs, compensation or expenses which may be associated nherewllle. In addition. Trustee may
<br />become a purchaser at any sale of the Propedy (judicial or under file powers of.s Ile granted herein); postpone the sale of all or any
<br />portion of the Properly, as provided by law; or sell the Proper 46� [}thole. er In separate parcels or lots.
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