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i I !r- I,: i: I I " ! I "I G Emlnenl Domoln_ Lendcr IS tlCrcby aSSigned all compensation ilwal{1s damages and other payments or 1('llcl jlwrelfl,11!t'/ Proceeds) In connectIon with condUmnatlOn or other lakHlg olthe Propp.r1y or parllhereol or fOf conveyance In IlelJ 01 conclernnallon Lender shall be entllled <lIlts option to commence appear In and prosecute In Its own nitmc .IIlY "cllon or proc~edlngs. and shall also be entitled 10 make any compromise or selllemenl,n connection With such taking or damage In the event any parllon of the Properly IS so laken or damaged. Lender shall have the opllon. In .ts sole and abso~lJ!(> d.screllon 10 apply all such Proceeds. after deductmg therefrom all costs and (!)(pcnsp.s Hlcurrcd by It In connecllon With such proceeds. upen any IndebtedneSS securei1 hereby and In Such order as Lender may dplermlne. or 10 apply all such Proceeds aftor such deductIOns. to the r'3storallon of the Property upon such condItIOns as Lender may determine Any application of Proceeds to Indebledness shall flot (!)(tcnd or postpone lhe due date of any payment'..> under the Nole or cure any defaull thereunder or hereunder 7 Performance by l@nder. In the event of Borrower's faIlure to perform any of Iheco'lcnents herein or make any payments reqUired hereby. or If any aetls taken or legal proceedmg commencod whlct, milterl811y affects Lenders Intereslm the Property. Lender may to Its own dlscrel:on. but Without obligation 10 do so. and Without notice 10 or demand upon Oorrowor and Without releaSIng Borrower Irom any obligation. t10 any act I/vhlch the Borrower has agreed but lalls to do and may also do any other act It deems necessary to prolect 1110 secl/IIly hereol Borrower shall. ImmedIately upon demand therefor by Lender pay to Lender all costs and expenses Incurred and sums expended by Lender If\ cOl1nnCIIOf1 with the exerCise by Lender of the loregolng nghts. togelher With mterest thereon at the rate provrded In the Note which shaH be added to the indebtedness secured Iwtehy Lender Sh8111\0t Incur any personal liability because of anything It may do or omrt to do hereunder 6 Evenl. of Default. Tho lollowlng shall constitute an event 01 default under thiS Deed of Trust (iil FOlium to pay any Hlstallment of prinCipal or Interest or any other sum secured hereby when due. or failure 10 pay when due any other mdebtedness of Borrower 10 Lender. 1f) .,-l ~ o o I' .,-l .' , CO 00 (b) A breach 01 or default under any prOVISion con tamed In the Note_ thIS Deed of Trust. any document which secure$ the Note. and any other encumbrance upon the Properly (c) A Wilt 01 execution or attachment or any Similar process shall be entered against Borrower whIch shall become a lien on the Property or any portion thereof or Inlerest therein. (d) There shall be filed by or against Borrower an actiOn under any present or future federal. state or other statute. law or regulatIOn relatmg to bankruptcy. msolvency or other reilel for debtors: or there shall be appOinted any trustee. receiver or liqUidator of Borrower or 01 all or any part of the Property. or the rents. Issues or profits thereol. or Borrower shall make any general assignment for the benefit of creditors (e) The sale. transler. assignment. conveYdnce or I~H1her encumbrance of all or any part of or any Interest In lhe Property. either voluntaflly or Inyoluntarlly. Without the express written consent of Lender (fl If Borrower IS not an IndiVidual. the sale. transfer. assrgnmeflt, c.onveyance or encumbrance of more than _~~_ percent of (It a corporatIOn) Its issued and outstandmg stock or (II a partnership) _ percent of partnerShIp Interests 9 Remedies; Acceleration Upon Default. In the event of any Event of Default Lender may declarE alllOdebtedness secured hereby to be due and payable and the same shall thereupon become due and payable without any presentment. demand. protest or notice of any kmd Thereafter Lender may la) Demand that Truslee exerc,se the POWER OF SALE granled t,ere:n and Truslee shall thereafter cause Borrowers :nlerest:n the Property to be sold and the proceeds to be distributed. all m the manner prOVided m the Nebraska T rust Deeds Act (bl Either 10 person or by agent. With or Without brmgmg any action or proceedrng_ or by a receiver appomted by a court and Without regard to the adequacy of ItS secuqty. enter UpOfl and take possession of the Property. or any part thereof. '" Its own name or In the name of the Trustee. and do any acts which It deems necessary or deSirable to preserve the value. marketability or rentablllty of the Property or part thereof or mteres1 therem. Increase the Income therefrom or protect the security hereof and. With or Without taking possession of the Ploperty. sue for or otherWise collect the rents. Issues and profits thereof. mcludmg those past due and unpaid. and apply the same. less costs and expenses of operation and cJllectlOn Includmg attorneys. fees. upon any mdebtedness st!cured hereby. all m such order as Lender may determme The enleflng upon and takIng posseSSlQn of the Property. the collection of such rents. Issues and profits and the application thereof as aforesaid. shall not cure:: or waive any default or notice of default hereunder or invalidate any act done In response to such default or pursuant to such notice of default and notwlthstandmg the conllOuance In possesSion of the Propeny or the collection. receipt and applicatIOn of rents. issues or profits. Trustee or Lender shall be enlltled to exerCise every rrgtll prOVided for tn any of the Loan Instruments or by law upon occurence of any event of default. Includmg the right to exerCise the power of sale and (c) Commence an actIOn to foreclose thIS Deed 01 Trus! as a morlgage appa.n! a receiver or speCifIcally enforce any of the covenants hereof No remedy herein conferred UpOll or reserved to Trustee or Lender IS Intended to be e..elusl....e of an'{ other remedy herein or by law pro\.lded or permitted. but each shall be cumulative. shall be In addition te every other remedy given hereunder or now or hcreaftel ell Istlng at law or In eqUIty or by statute and may be exercIsed concurrently. independently or successively. 10_ Trustee. The Trustee may re!Hgn at any time Without cause and Lender "My .11 ,In,\-' time and WIthOut cause apPoint a Successor or substitute Trustee. Trustee shall not be liable for any loss or damage unless due to actionable negligence or .....llIlul nllscon(L.lct and shall not be reql.llreo to lake any action m connection With the enforcement of this Deed 01 Trust unless Indemmfled. In \\,(ltlOg. for all costs COmr",:,s.ltlcn or ('lljJenSeS whICh may be assoclateo therewith In addlllon. Trustee may become a purchaser at any sale of the Property lludlclai or under the power of sale granted t'erefn, postpone the sale of all or any port ran of U,e property as prOVided by law or sell the Property as a whole. or 10 separate parcels or lots 11. Future Advances. Upon request of Borrower. Lender may at Its option mak.e additional and future- advances and readvances to Borrower Such advances and readvances. with mterest thereon. shall be secured by thiS Deed of Trust At no lime st"\all tt"\e rrlnClpal amounl of the Indebtedness secured by thiS Deed 01 Trust. not In- cluding sums advanced to protect the security of thiS Deed of Trust. exceed the original prinCipal amount stated herein or S 45.,_0_0.0___0_0__ _'~ . whIchever IS greater 12. Miscellaneous Provisions. (a) Borrower Not Released. ExtenSion of the time for payment or modificatIon 01 amortlza!Ion ollt,e sums secured by thiS Deed of Trust granted by Lender to any successor In mterest of Borrower-shal! not operate to relea~e. tn any manner. the liability ot tile orlg,nal Borrower and Borrower"s successors In interest Lender ::;hall not be reqUired 10 commence proceedmgs against such successor or refuse to elo.tend time for payment or otherWise modify amortization of the sums secured by thiS Deed of Trust by reason of any demands made by the onglnal Bor-ower and Borrower s successors l!llOterest (b) lender's Powers. Without affectmg the liabIlity 01 any other person liable for the payment of any obligation herein mentIOned. and Without affectmg the hen or charge of this Deed of Trust upon any portIon of the Property !lot then or theretofore released a~ security tor the full amount of all unpaId obligatIOns. Lender may. from time to time and Without notice (I) release any person so liable. (Ill extend the matutrty or alter any of the terms of any suCh obhgatlOns. (III) grant other mdulgences. (IV) release or reconvey. or cause to be released or reconveyed at any lIme at Lender s options any parceL portion m all of the Property (v) take or release any other or additIOnal security for any obligatIOn herem mentioned or IVII make compOSlllons or other arrangements With debtors lr1 relatlQn thereto (c) Forbearance by Lender Nol a Wel..-er. Any forbearance by Lender m exercIsing any nght or remedy hereunder or otherWise afforded by applicable law. shall not be a waiverof or preclude the exerCise of any such fight or remedy The procurement of Insurance or the payment of taxes or other hens or charges by Lender shall not be a \Valver of Lender"s light to accelerate the maturity of the mdebtedness secured by thiS Deed of Trust (d) Succellors and Assigns Bound; Joint and Several liability; Captions. The covenants and agreements herem contained shall bmo. and the fights hereunder shall mure to. the respective successors and assigns of Lender and Borrower. subject to the ProVISions of paragraph B (e) hereof All covenants and agreements of Borrower shall be Jomt and several The captions and headings of the paragraphs of thiS Deed of Trust are for convenience only and are n0110 be used to mterpret or defme the provIsions hereof (e) Request for Notices. The parties hereby request that a copy of any nohce 01 default hereuncer and a copy of any nollce of sale hereunder be maIled to each party to 1:115 Deed of Trust at the address set forth above mlhe manner prescnbed by applicable law Except for any other notice reqUiTed under applicable law to be given In another manner. any notice prOVided for m thiS Deed of Trust shall be given by mallmg such notice ny certIfied mall addressed to the other parties. at the address set forth above Any notice provided for m thiS Deed of Trust shall be deemea to have been given to Borrower or Lender when gIven In the manner deSignated herem (f) Inlpectlon. Lender may make or cause to be made reasonable entnes upon and Inspections of the Property prOVided that Lender shall give Borrower notice prior 10 any such mspectlOn speclfymg reasonable cause therefor related to Lender.s mterest 10 the Property (g) Reconveyance. Upon payment 01 all sums secured by thiS Deed of 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 1 rustee shall reconvey the Property Without wal ranty and without charge to the person or persons legally entitled thereto Such person or persons shall pay all costs of recordatIOn. If any (hi Personal Property, Security Agreement As additional security for the payment of the Note all fixtures. eqUlpmenL and other personal property used m connechon With 1he real estaie 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 mterest 10 favor of the Lender undpr the Nebraska Uniform CommerCial Code ThIS ;nstrum~nt shall be ::onstrued as a Secuflty Agreement under said Code. and the Lender shall have all the fights and remedies of a secured party under saId Code In add It ran to the IIgh1s and remedies created under and accorded the Lender pursuant to thiS Deed 01 Trust (I) Severability. In the event thai any prOVISion of thiS Deed of Trust conflict With applicable law or are declared mvalld or otherWise unenforceable. suct'1 conflict or invalidity shall not affect the other proVISions of thiS Deed at Trust or the Note which can be given effect wltnout the conflictIng prOVISion. and to thiS end the proVISions of th\! Deed of Trust and the Note are deciared to be severable I = -!~~~ .~~~~ ;--~~~ - '~A< ~::;.~ ~J~! ,1"",1,"1"',',& t' 1: , !, ~',' t~~ h~ Borrower has executed thiS Deed of Trust the date wfltten above ~O::' ./ // J/ t! J.. '>/. ,," ~) (Pc;'t~i~1.:1i tz~era1dpr~:-e~~P "~-</ ~\(:' ( ~/'-~C:-~fz~;~-~~' ~I ~ ~CJ), I.. _ 10 of L / ,. >-. ~