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<br />6 Eminent Domain. Lender IS hereby assigned all compensation, awards damages ana other payments or relief l he>re1naHer "Proceeds") In connection with
<br />condemnation or other taking 01 the Property or part thereot, or tor conveyance In lieu of condemnallon lender shall beentltled at Its option to commence. appear In and
<br />prosecute in its own name any action or proceedings. and shall also be entitled to make any compromise or settlement In connection with such taking or damage. In the
<br />event any portion of the Property IS so taken or damaged. Lender shall have the option In Its sole and absolute dlscretlon_ to apply all such Proceeds. after deducting
<br />therefrom all costs and expenses incurred by it in connechon with such proceeds. upon any Indebtedness secured hereby and In such order as Lender maydetermjne. or to
<br />apply all sl,lch Proceeds. after such deductions. to the restoration of the Property ..Jpon such conditIOns as Lender may determine Any applicatIOn of Proceeds to
<br />indebtedness shall not extend or postpone the due date of any payments under (he Note or cure any default thereunder m hereunder
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<br />7. Performance by Lender. In the event of Borrower's failure to perform any of the covenents herein or mak.e any payments reqUired hereby. or If any act is taken or
<br />legal proceeding commenced which m;.ter1ally affects Lender's Interest in the Property. Lender may tn Its own dIscretion, but Without obligation to do so. and without notice
<br />to or demand upon Borrower and Without releasing Borrower from any obligation, do any act which the Borrower has agreed but fads todo and may also do any other act It
<br />deems necessary to protect the security hereof, Borrower shall. Immediately upon demand therefor by Lender. pay to Lender all costs and expenses incurred and sums
<br />expended by Lender in connection with the exerCise by Lender of the foregoing nghts. together With Interest thereon at the rate provided in the Note. which shall be added to
<br />thE;! indebtedness secured hereby Lender shall not Incur any personalltablhty because of anythIng It may do or omit to do here~nder
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<br />8. Events 01 Default. The fcllowing shall constitute an event of defaull under thiS Deed of Trust
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<br />(a) Failureto pay any installment 01 principal or interest or any other sum secured hereby when due. or failure to pay when due any other indebtedness of
<br />Borrower to lender,
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<br />(b) A breach of or default under any prOVISion contamed In the Note. thiS Deed of Trust. any document ......hlch secures the Note. and any other
<br />encumbrance upon the Property:
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<br />(c) A writ of executIOn or attachment or any Similar process shall be entered agamst Borrower which shall become a lien on th"e Property or any portion
<br />thereof or interest therem;
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<br />(d) There shall be hIed by or against Borrower an achon under any present or future federal. state or other statute. law or regulation relating to
<br />bankruptcy. insolvency or other reltef lor debtors: or there shall be apPOinted any trustee, receIVer or liquidator of Borrower or of all or any part of the Property. or
<br />the rents. issues or profits Ihereof. or Borrower shall mak.e any general assIgnment for the beneht of creditors
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<br />(e) The sale, transfer. assignment. conveyance or further encumbrance of all or any part of or any mterest In the Property. either voluntarily or
<br />involuntarily. without the express written consent of Lender
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<br />(f) If Borrower is not an IndiVidual, the sale, transfer. assignment. conveyance or encumbrance of more than _ percent of (it a corporation) its
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<br />issued and oulstancling stock or (if a partnership) __ percent of partnership Interests
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<br />9 Remedle.; Acceleration Upon Default. In the event of any Event of Default Lender may declarE.' all mdebtedness secured hereby to be due and payable and the
<br />same shall thereupon become due and payable Without any presentment. demand. protest or notice of any kmd ThereaHet Lender may
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<br />(a) Demand that TrusteeexercIse the POWER OF SALE granted herem. and Trustee shall the rea Her cause Borrower's mterest m the Property to be sold
<br />and the proceeds to be distributed. allm the manner proVided In the Nebrask.a Trust Deeds Act:
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<br />(b) Either in person or by agent. With or Without brlngmg any actIOn or proceeding. or by a r"!cel\'er appointed by a court and Without regard to the
<br />adequacy of its secunty. enter upon and takepasseSSlOn of the Property_ or any part thereat, In Its own name or In the name of the Trustee. and doany acts which
<br />It deems necessary or deSirable to prc!;erve the value, marketability or rentability of the Property. or part Ihereof or Interest therein, increase the income
<br />therefrom or protect thesecunty hereof and. With or Without taking possession 01 the Prooerty. sue for or otherWiSe collect the rents. Issues and profits thereof.
<br />Includmg those past due and unpaid. and apply the same, less costs and expenses of operation and collection including attorneys' fees, upon any indebtedness
<br />secured hereby. allm such order as lender may deterrmne The enteflng upon and takmg possess ton aflhe Property, the collection 01 such rents. issues and
<br />profitsClnd the application thereof as aforesaId. shall not cure or waive a!lydefaull or notIce of default hereunder or invalidate any act done In response to such
<br />default or pursuant 10 such notice of default and. notWithstanding the cantlOuance in pO%eSSIOfl of the Properly or the collection. receipt and applicatIOn of
<br />rents. Issues or profits. Trustee or Lender shall be entitled to exerCise every right prOVided for 10 any of the Loan Instruments or by law upon occurence of any
<br />event of default. including the fight to exercise the power of sale, and
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<br />(e) Commence an action to foreclose thiS Deed of T rust as a mortgage appOint a receIVe' or speclflcally enforce any of the covenants hereoL
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<br />No remedy herem conferred upon or reserved to Trustee or Lender IS Intended to be eK.clus.....e of any other remelly hereHl or by law proVided or permitted, but each shall be
<br />cumulative. shall be in addition to every other remedy given hereunder or now or hereafter elosttng at la...... 0' 10 equity or by slatute and may be exerCised concurrently.
<br />independently or successively
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<br />10 Tru..... The Trustee may resign at any lime Without cause and Lender may at ~lny lime and .....Ithout cause apPoint a successor or substitute Trustee Trustee
<br />shall not be liable for any loss or damage unless due to actIOnable negligence or Willful mIsconduct and shall not be requited to take any achon In connection with the
<br />enforcement of this Deed of Trust unless IndemOlfled, In wrltmg, for all costs, compensation Of ('xpCnSl'S which may be associated thereWith In addition, Trustee may
<br />become a purchaser at any sale of 'he Property (Judicial or under the power of sale granted herc\n \ postpone thp sale of all or any portion 01 the property, as prOVided by law;
<br />or sell the Property as a whole. or 10 separate parcels or lots
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<br />11, Future AdYane.._ Upon request of Borrower. Lender may. at Its option. ma"-e additional and 'uture advances and readvances to Borrower, Such advances and
<br />readvances. with mterest1hereon, shall be secured by thiS Deed of Trust At no time shall the pllnC1pal amount 01 the Indebtedness secured by thiS Deed of Trust. not in-
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<br />ex)
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<br />_ , whichever is
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<br />eluding sums advanced to protect the secUflly 01 thIS Deed of Trust. exceed the 01lglnal P'II~clpal amount statC'd her('1O 0' S_
<br />greater.
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<br />12 MI_II......ul Pro.IIIon..
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<br />(a) Borrowe, No' R.I....d. ExtenSion of the time for payment or modlhcatlon Of amortization of the sums secured by thiS Deed 01 Trust granted by
<br />Lender to any successOf 10 Intorest of Borrower shall nol operate to release. 10 any manner, the liability of the onglOal Borrower and Borrower's successors in
<br />interesl Lendur shall not be reqUired to commence proceedings against such successor or refuse 10 e-.:tend time lor payment or otherwise modify amortization
<br />of the sums secured by thiS Deed at Trust by reason of any demands made by the oogmal BorrO'her and BorrOV'il'l'S successors 10 mterest
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<br />(b) Lende;-' Pow.,.. Without affecting the liability of any other person liable tal thE.' tlaymcllI of any obligation neleln mentioned, and Without allectmg
<br />the lien or charge 01 thiS Deed of Trusl upon any portIOn of the Property not Iflen or thCfetolore '(tlea~ed as secuoty fOf the lull amount 01 all unpaid obligations,
<br />lender may. from timeto time and wlthou1 noltce (I) release any person so liable. tll) extend the matwlty 0' alte' any of the terms ~-~ ~ny such obligations. (iii)
<br />grant other Indulgences. (,...~ release or reconvf."Y, or cause to be released or reconveyed at any lime at It.'oder s options any parcel. portIOn or all of IhcProperty.
<br />(v) take or release any other or additional security for any obligation he-rem mentioned, or IVlt make compOSitions or other arrangements Wllh debtors in relation
<br />thereto.
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<br />(c) Forbearance by Lender Not a Walwer. Any forbearance by Lender In cl(erclsmg any right or remedy hereunder. or othCIWlse attorded by applicable
<br />law. shall not bea waiver of or preclude the exerCise 01 any such tight 01 remedy The procurementol msulance or the payment of taxes or other liens or charges
<br />by Lender shall not be a waiver of lenders fight to accelerate Ihe matuflty of the Indebtedness secured by Ihls Deed 0' Trust
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<br />(d) Succ...ora and AIIlgns Bound: Join' and Sewer.llIabUlty: Caption.. The coycnants. and agreements herem contained shall bind, and the fights
<br />hereunder shall inure to. the respectIve successors and aSSigns of Lender and Borrower. sublect to the prOVISions of paragraph 8 (e) hereof All covenants. and
<br />agreements of Borrower shall be jOlOt and several. The captIOns and headmgs of the paragraphs of thiS Deed 01 T rust are for conveOlence only and are not to be
<br />used to interpret or define the provisions hereof
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<br />(e) Request forNotic:e.. The parties hereby request that a copy 01 any notice ot default hereunder and a copy 01 any notice of sale hereunder be mailed to
<br />each party to thiS Deed of Trus' at the address set tOrth abo,,'e In the manner prcscubed by applicable law E"cept for any other notice reqUired under applicable
<br />law to be gIVen 10 ano'her manner, any notice prOVIded for," thiS Deed 0' T rusl snail be given by mallmg SuCh r,otlce by certified mall addressed to the other
<br />parties. at the address set forth above
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<br />Any oOllce provided for In this Deed 01 Trust shall be deemed to have been g',,'cn 10 80rro.....er 0' lender when given In the manner deSignated herem
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<br />(t) Inspection. lender may make or cause Co be made reasonable ('ntrles upon and ,nspectlOnsol the Property, prOVIded that Lender shan gl,,'e BorlOwer
<br />notice prior to any such inspection specifymg reasonable cause thorefor related to Lender 5 mterest 10 the Property
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<br />(9) Reconftyanc.. :Jpon payment at all sums secured by rhls Oeed of 'Trust. Lemler shall request Trustee to reconvey the Property and shall surrender
<br />this Deed of Trust and all notes evidencmg IOdebtedness secured by lhlS Deeo 01 Trust to 1 rustee Trustee shall reconvey the Property Without warranty and
<br />without charge to the person or persons legally entItled thereto Such person or persons shall pay all costs of recordatIon If any
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<br />(h) Penon.' Property. Security Agr..ment. Asaddlllonal sccullly 101 the payment ot the Note all fl-.:lures. eqUIpment. and othel personal ploperty used
<br />mconnection wtth the real estate or Improvements located thereon and not ottler'hISe declared or o.'emed tobe d pari at the real estate secured hereby. shall be
<br />subjectto a secuflty Interest 10 favor of the lender undf'f the N~bras"'a Unllorm CommerCial Code ThIS IIlstrum~nt snail be construed as aSecunty Agreement
<br />under said Code. and the lender shall halo'e all thE! ughts and rem~les 01 a secured parly under saId Code to addlhon to the fights and remedies Cleated under
<br />and accorded the lende, pursuant to thiS Deed 01 Trust
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<br />(1) S."'~lty. In the even. that any prOVISion of thiS Oeed at T,ust conlllel With applicable law 01 are-declared In~ahd or otherWise unenforceable. such
<br />conflict or mvahdity shall not affect the other prOVISions 01 tt'IlS Deed 01 Trust or tht" NOle which can bt" gl....en effect wlthou1 the conflicting prOlils1on. and to thiS
<br />eod 'he proviSions of the Deed 01 T,ust and the NOle are de-clareO to be severable
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<br />DOflower has e.ecutcro (hiS Deed 01 TruSllhe date wuHen above
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