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t ,. I, ! f I 6 Eminent Domeln. lender IS hereby assIgned uil compBB,~w.rd~d2~e~n~0~er payments or rei lei (here,n'lle, Proceeds', III connecllon w,th condemnation or other taking of the Property or part thereoL or for conveyance In lieu of condemnatton Lender shall be enlttled at ,Is optIon 10 commence. appear In and prosecute In its own name any acllon or proceedings. and shall also be entitled to make any compromIse or settlement In connechon with such :akmg or damage. In the event any portion of the Property is so laken or damaged. Lender shall have the optiQn. In Its sole and absolute dis~retlOn. to apply all such Proceeds. after deducting therefrom all costs and expenses incurred by it in connfJctlOn wIth such proceeds. upon any mdebtedness secured hereby and in such order as Lender may determine. or to apply all such Proceeds, after such deductions, to the restoration of thn Property upon such conditions as Lender may determine Any application 01 Proceeds to Indebtedness shall not extend or postpone the due date of any payments under the Note. or cure any default thereunder or hereunder 7. Performance by lender. In the event of Borrower's failure to perform any of the covenents herem or rr;ake any payments required hereby. or If any act is taken or legal proceeding commenced wt,ich materially affects Lender's Intomst in the Property. Lender may In its own discretion. but without obligation todo so. and without notice to or demand upon Borrower and without releasing Borrower from any obligahon. do any act which the Borrower has agreed but falls to do and may also do any other act it 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 expended by Lender in connection with the exercise by Lender 01 the foregOing nghls. together with interest thereon at the rate provided in the Note. which shall be added to the indebtedness secured hereby. Lender shall not incur imy personalllab!lIty because of anything It may do or omit to do hereunder 8. Events of Default. The following shall constitute an event of default under thiS Deed of Trust. (a) Failure to pay any installment at principal or Interest or any other sum secured hereby when due. or failure to pay when due any other indebtedness 01 Borrower to Lender: (b) A breach of or delault under any proViSion contained in the Note, thiS Deed of Trust. any document which secures the Note. and any other encumbrance upon the Property; (c) A Writ of execution or attachment or any Similar process shall be entered against Borrower which shall become a hen on the Property or any portion thereof or interf,st therein: (d) There shall be filed by or against Borrower an action under any present or future lederal. state or other statute. la...... or regulatIOn relating to bankruptcy, insolvency or other relief for debtors: or there shall be appolnled any trustee. receiver or liquidator of Borrower or of all or any part of the Property. or the rents, issues or profits thereof. or Borrower shall make any general assignment for the benefit of creditors (e) The sale, transler, assignment. conveyance or furlher encumbrance 01 all or any part 01 or any Interest In the Property, either vOluptarily or involuntarily, without the express written consent of Lender (f) If Borrower is not an individual. the sale. transfer. assignment. conveyance or encumbrance of more than ~ percent 01 (it a corpo;-atlOn) Its issued and outstanding stock or (if a partnership) ~ percent 01 partnership mterests 9. Remedlesj Acceleration Upon Default. In the event of any Event of Default Lender may declare all mdebtedness secured hereby to be due and payable and lhe same shall thereupon become due and payable without any presenlment. demand. protest or notice of any kmd. Thereafter Lender may' (a) Demand that Trustee exercise the POWER OF SALE granted herem. and Trustee shalllhereaftercause Borrower's interest In the Property to be sold and the proceeds to be distributed, all in the manner proVided m the Nebraska Trust Deeds Act: (b) Either in person or by agent. with or without brlngmg any action or proceed mg. or by a receiver appOinted by a court and Without regard to the adequacy of its security, enter upon and take possesSIOn of the Property. or ar.y part thereof. Irt Its own name or in the name 01 the Tn'cotee. and do any acts which it deems necessary or desirable to preserve the value. marketability OJ rentablhty of the Property. or part thereof or mtel'"~st IhE'.-ain. increase the income therefrom or protect the security hereol and. with or Without taking possesSIOn of lhe Property. sue for or otherWise collect t'le rent~. IS~'.Jes and profits thereol. including those past due and unpaid. and apply Ihe same. less costs and expenses 01 operation and collection including atto'neys' fet:" ;Jpon any indebtedness secured hereby. all in such order as Lender may determine The enleflng upon and laking possession of the Property. the CJllection of such rents, Issues and profits and the application thereof as aforesaid. shall not cure or waive any default or nohce of default hereunaer or II' .'ahdatt' any acl done m response to such default or pursuant to such notice of delauit and. notwithstanding the contlOuance 10 pO'5seSSlon of Ihe Property or the :....llectlon. receipt and applicatIOn of rents. issues or profits, Trustee or Lender shall be entitled to exerCise every fight prOVided for 10 any of the Loan Instruments or by la...... upon occurence of any event at default. including the right 10 exercise the power of sale. and (c) Commence an action to foreclose thiS Deed of Trust as a morlgage_ appoint a receiver. or speCifically enforce any of the covenants hereof: No remedy herein conferred upon or reserved to Trustee or Lender IS IOtended to be eXClUSIVe of any other remedy herem or by law prOVided or permitted. but each shall be cumulative. shall be in addition to every other remedy given hereunder or now or herealter eXlstlOg at law or In eqUity or by statute. and may be exercised concurrently. independently or successively. 10. Trultee. The Trustee may resign at any lime Without cause and Lender m.ly al any time and Without cause appolOt a successor or substitute Trustee. Trustee shall not be liable for any loss or damage unless due to actIOnable negligence or Willful misconduct. and shall nol be reqUired to take any acllon in connection with the enforcement of this Deed of Trust unless Indemnilted. In wfltmg. for all costs. compensallon or expenses which may be associated thereWith. In addition. Trustee ma~' become a purchaser at any sale of the Property (Judicial or under the power of sale granled herein). poslpone the sale of all or any portlon of the property. as provided by law: or sell the Property as a whole, or in separate parcels or lots 11_ Future- Advances. Upon request of Borrower. Lender may. at ItS opllon. make addlllonal and tuture advances and readvances 10 Borrower Such advances and readvances. with interest thereon. shall be secured by thiS Deed of Trusl At no lime shalllhe prmc1pal amount 01 the mdebtedness secured by thiS Deed 01 Trust. not m- cluding sum5 advanced to protect the securttv 01 thiS Deed 01 Trust. exceed the oflglOal prinCipal amount stated herem. or S_~n_~~_ Whichever is greater. 12. Mlscelleneoul Provlllonl. (a) Borrower Not Released. ExtenSion at (he lime lor payment or modlflcatlon of amortization of the sums secured by thiS Deed of Trust granted by le:lder to any successor In interesl 01 Borrower shall not operate to release. m any manner, the liability of the Original Borrower and Borrowers successors In illterest. Lender shall not be reqUired to commence proceedings against such successor or refuse to extend time tor payment or otherWise modify amortization of the sums secured by this Deed of Trust by reason of any demands made by the onglOal Borrower and Borrower's successors m Interest (b) lender's Powers. Without affecllOg the liability of any other person liable lor the payment of any obligatIOn herem mentloned. and Without affecting the lien or charge of lhls Deed of Trust upon any PQrtlon 01 the Property nol then or therelofore released as security for the full amount of all unpaid obllgallons. Lender may. from time to time and wllhoul nollce (I) release any person so hable. (II) extend Ihe matuflty or alter any of the terms of any such obligatIOns. (iil) grant other indulgences, (iv) release or reconvey. or cause to be released or reconveyeo at any time al Lenders options any parcel. portion or all of the Property. (v) take or release any other or addltlonal security lor any obligatIOn herem menlloned. or (VI) make compOSitions or other arrangements With debtors In relation thereto. (c) Forbe.rance by lender Not. Wilv.r. Any forbearance by Lender m exercIsing any fight or remedy hereunder. or olherwlse afforded by applicable law. shall not be a waiver alar preclude the exerCise o! any such fight or remedy The procuremenl 01 msurance or the payment ot taxes or other liens or charges by Lender shall not be a waiver 01 Lender's (lghllo accelerate (he matuflty of the Indebtedness secured by thiS Deed 01 Trust (d) Succ...ors Ind Assigns Bound: Joint Bnd SeveralliBbility; Captions. The covenanls and agreemenls herem contained shall bind. and Ihe fights hereunder shall inure to. the respectlve successors and aSSigns of Lender and Borrower. subject to the proVISions 01 paragraph 8 (e) hereof All covenants and agreements of Borrower shall be jomt and several. The captIOns and headlOgs of the paragraphs of thiS Deed of Trust are for convemence only and are not to be used to interpret or define the prOVisions hereof (e) R~u..t for Notices. The parties hereby request that a copy a! any nohce of default hereunder and a copy of any notice of sale hereunder be mailed to each party to this Deed of Trust at the address set forth above In the manner prescFlbed by applicable law Except lor any other notice reqUired under applicable law to be given In another manner. any notice prOVided for In thiS Deed of Trust shall be given by maIling such notice by certified mall addressed to l"e other parties. at the address set forth above Any notice provided for in this Deed 01 Trust shall be deemed to have been given to Borrower or Lender when given In the manner deSignated herein. (I) Incpectlon. Lender may make or cause to be made reasonable entnes upon and inspections 01 the Property. prOVided thai Lender s"'all give Borrower notice prior to any such inspection specifYing reasonable cause therefor related 10 Lender's mterest 10 the Property (g) Reconveyinee. Upon payment of all sums secured by thiS Deed 01 Trust. Lender shall request Trustee to reconvey the Property and shall surrender this Deed of Trust and all notes evidenCing Indebtedness secured by thiS Deed of Trust to Trustee Trustee shall reconvey the Property Without warranly and without charge to the person or persons legally entitled thereto. Such person or persons shall pay all costs of recordation. If any (h) Perlonl. Property, Security Agreement. As addillonal secunty lor (tie payment of the Note all fixtures. eqUipment. and other personal property used ill connection with the real estate or improvements located thereon. and not otherWise declared or deemed to be a part of the real estate secured hereby. shall be SUbject to a security interest in favor 01 the lender undPr the Nebraska Uniform Commercial Code ThiS Instrum~nt shall be construed as a Security Agreement under said Code. and the Lender shall have all the fights and remedies of a secured party under said Code m addlllon to the rrghts and remedies created unde, and accorded the Lender pursuant to this Deed 01 Trust (I) Severability. In the event thai any proVISIon 01 thiS Deed of Trust conflict with applicable law or are declared mvalld or otherwise unenforceable. such conflict or invalidity shall neot affect the other provisions of this Deed 01 Trusl or the Note which can be given effect wllhout the conflictmg prOVISion. and to Hus end the provisions of the Deed of Trust and the Note are declared to be severable r-- Borrower has executed thiS Deed 01 Trust the date written above /.J~ t. /I~'-- !:22!JJ11u ' -------- -- 'Borro';;e-Clt1fi1:---:- Kv-e en;-ky) -------/)/1/7 ,//- /- "'- ~-h- HUSband /1.- '~C'_l/'1-- -- < . J 7. ~ '- ~( "L'/,.<[~_ -. -------7---- - ciorro~e(Mary'- E. - Kvet-en1'lky) . Wife ~ j / ~j ,- h \,1, "