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200 20, 3 ti3
<br />5. Maintenance Repairs and Compliance with Laws. Borrower shall keep the Property in good condition and repair; shall
<br />promptly repair, or replace any improvement which may be damaged or destroyed; shall not remove, demolish or substantially alter
<br />any of the improvements on the Property; shall not commit, suffer or permit any act to be done in or upon the Property in violation of
<br />any law, ordinance, or regulation; and shall pay and promptly discharge at Borrower's cost and expense all liens, encumbrances and
<br />charges levied, 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 (hereinafter
<br />"Proceeds ") in connection with condemnation or other taking or the Property or part thereof, or for conveyance in lieu of
<br />condemnation. Lender shall be entitled at its option to commence, appear in and prosecute in its own name any action or
<br />proceedings, and shall also be entitled to make any compromise or settlement in connection with such taking or damage. In the event
<br />any portion of the Property is so taken or damaged, Lender shall have the option, in its sole and absolute discretion, to apply all such
<br />Proceeds, after deducting therefrom all costs and expenses incurred by it in connection with such Proceeds, upon any indebtedness
<br />secured hereby and in such order as Lender may determine, or to apply all such Proceeds, after such deductions, to the restoration of
<br />the Property upon such conditions as Lender may determine. Any application of Proceeds to indebtedness shall not extend or
<br />postpone the due date of any payments under the Note, or cure 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
<br />payments required hereby, or if any act is taken or legal proceeding commenced which materially affects Lender's interest in the
<br />Property, Lender may in its own discretion, but without obligation to do so, and without notice to or demand upon Borrower and
<br />without releasing Borrower from any obligation, do any act which the Borrower has agreed but fails to do and may also do any other
<br />act it deems necessary to protect the security hereof. Borrower shall, immediately upon demand therefore by Lender, pay to Lender
<br />all costs and expenses incurred and sums expended by Lender in connection with the exercise by Lender of the foregoing rights,
<br />together with interest thereon at the rate provided in the Note, which shall be added to the indebtedness secured hereby. Lender shall
<br />not incur any personal liability because of anything it may do or omit 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
<br />when due any 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
<br />Note, and any other encumbrance upon the Property;
<br />(c) A writ of execution or attachment or any similar process shall be entered against Borrower which shall become a lien
<br />on the Property or any portion thereof or interest therein;
<br />(d) There shall be filed by or against Borrower an action under any present or future federal, state or other statute, law or
<br />regulation relating to bankruptcy, insolvency or other relief for debtors; or there shall be appointed any trustee, receiver
<br />or liquidator of Borrower or of all or any part of the Property, or the rents, issues or profits thereof, or Borrower shall
<br />make any general assignment for the benefit of creditors;
<br />(e) The sale, transfer, assignment, conveyance or further encumbrance of all or any part of or any interest in the Property,
<br />either 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,
<br />protest or 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
<br />interest in the Property to be sold and the proceeds to be distributed, all in the manner provided in the Nebraska Trust
<br />Deeds Act;
<br />(b) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court
<br />and without regard to the adequacy of it security, enter upon and take possession of the Property, or any part thereof, in its
<br />own name or in the name of Trustee, and do any acts which it deems necessary or desirable to preserve the value,
<br />marketability or rentability of the Property, or part thereof of interest therein, increase the income therefrom or protect the
<br />security hereof and, with or without taking possession of the Property, sue for or otherwise collect the rents, issues and
<br />profits thereof, including those past due and unpaid, and apply the same, less costs and expenses of operation and
<br />collection including attorneys' fees, upon any indebtedness secured hereby, all in such order as Lender may determine.
<br />The entering upon and taking possession of the Property, the collection of such rents, issues and profits and the
<br />application thereof as aforesaid, shall not cure or waiver any default or notice of default hereunder or invalidate any act
<br />done in response to such default or pursuant to such notice of default and, notwithstanding the continuance in possession
<br />of the Property or the collection, receipt and application of rents, issues or profits, Trustee or Lender shall be entitled to
<br />exercise every right provided for in any of the Loan Instruments or by law upon occurrence of any event of default,
<br />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 specifically enforce any of
<br />the covenants 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
<br />provided or permitted, but each shall be cumulative, shall be in addition to every other remedy given hereunder or now or hereafter
<br />existing at law or 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
<br />a successor or substitute Trustee. Trustee shall not be liable for any loss or damage unless due to actionable negligence or
<br />willful misconduct, and shall not be required to take any action in connection with the enforcement of this Deed of Trust
<br />unless indemnified, in writing, for all costs, compensation or expenses which may be associated therewith. In addition,
<br />Trustee may become a purchaser at any sale of the Property (judicial or under the power of sale granted herein); postpone
<br />the sale of all or any portion of the Property, as provided by law; or sell the Property as a whole, or in separate parcels or
<br />lots.
<br />11601.CV(4 /01) GI1368 Page 2of4
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