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~ ~. i r ~ L 6 Emlnanl Domain. Londo, 'S hO'Oby ass'gnod all (omoons."on awolds (I"moges 'if1(1 olho' payments 01 ""'01 'hO'O'n""o~~=s.;l Q,Q.6,2,{! condemnatIOn or o;ho, laking ollhe Properly or pnrllhcrcof or lorconvoyance U11tCU 01 conoemnallQn Lenc'er st'all be Onllllo(l allls uptlOn 10 commence. appear In and prosocute In lIs own name any aelton or proceedmgs. and 5hall also be entitled 10 make any comprOnllse Of scllicmonllrl connectIon With such laking or damage In the event uny portion 01 the Properly IS so taken or damaged Lender shall have tho option. In lis sole and absolute discretIon 10 apply all such Proceeds. after deducting therefrom all costs and expenses Incurred by 11m connecllon Wltt\ Stich proceeds. upon any Indebtedness secufPd hereby and In suctl order as Lender may determine. or to apply all such Proceeds. att(J( SuCh deducllOns. 10 the restoratIOn 01 !I1€ Property upon o;uch condlllons as Lender may determIne Any applIcation of Proceeds to Indebtedness shall not extond or pos1pone the due date of any payments unaer the Note. or cure any default thereunder or hereunder 7 Perlormance by Lender. In the event of Borrower.s failure to perform any olthe coveflents t1erem or make any paymenl-5 reqUIred hereby. or tf any dct IS taken or legal proceeding commenced which matenally affects Lender's mterest In the Properly. Lender may m Its own dIscretIon. but Without obligatIon 10 do so. and without notIce to or demand upon Borrower and withoul releasmg Borrower Irorn any obligatIOn. do any act whIch the Borrower has agreed but falls to do and may also do any other act It deems nece5sary to protect the secunty hereof Borrower shall. Immediately upon demand therefor by Lender. pay to Lender all COSls and expenses Incurred and sums expended by Lender in connectIOn with the exercise by Lander of the forogomg nghts. together WIth Interest thereon at the rate provided In the Note. which shall be added to the indebtedness secured hereby Lender shall not Incur any personal liability because of anything It may do or omIt te do hereunder 8 Events o' Default. The fo/lowmg shall conslltute an event of defaull under thIS Deed of Trust. (a) Failure to pay any mstallment of pnnclpal or interest or any other sum secured hereby when due. or failure to pay when due any other Indebtedness of Borrower to lender: (b) A breach of or default under any proVIsion con tamed In the Note. thiS Deed of Trust. any document which secures the Note. and any other encumbrance upon the Property: (cl ^ writ of oxecution or attachment or any Similar process shall be entered agam::t Borrowerwhlch shall become alien on the Property ~rany portIOn thoreof or interest therein: (d) There shall be filed by or against Borrower an 3ctlon under any presenl or future federal. state or other statute. law or regulation relating to bankruplcy, inSOlvency or other relief for debtors; or there shall be appOinted any trustee, receiver or liqUIdator of BorrO-Ner 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 (\f creditors (e) The sale, transfer. assignment. conveyance or further encumbrance of all or any part of or any mterest In the Property. either voluntarily or involuntanly. Without the express written consent of Lender (I) If Borrower IS not an indiVidual. the sale. transfer. aS5lgnment. conveyance or encumbrance of more than ___ percent of (it a corporation) its iSStJ~d and outstanding stock or (Ii a partnership) ___ percent of partnerc;hlp mterests 9. Remtdles; Acceleration Upon Default. In the event of any Event of Default Lender may declare allmdebtedness secured hereby to be due and payable and the 53 me shall thereupon become due and payable Without any presentment. demand. protesl or notice of any kInd Thereafter Lender may (a) Demand thaI Trustee exerCIse the POWER OF SALE granted herelll. and Truslee shalllh",eolle, causo Borrowers Illleresl III the Property to be sold and the proceeds to be distributed. all in the manner provided In the Nebraska Trust DeedS ACl (b) Either in person or by agent. With or Without bringing any action or proceed tOg 01 by il receIver apPOInted by a court and Without regard to the adequacy of its security. enter upon and take possesSIOn of the Property. or any pari thereof. In ItS own namp or In Ihe name of the Trustee. and do any acts which H deems necessary or deSirable to prefierve the value. marketability or rentability 01 the Property or part thereof or mterest therein. increase the Income therefrom or protect the security hereof dnd. With or WIthout taking possession of the Property sue for or ottlel wise collect the rents. Issues and profits thereof. lIlcluding Ihose past due and unpaid, and apply the same. less costs and expenses 01 operallon and collccllon including attorneys' fees. upon any Indebtedness secured hereby, all in such order as Lender may determine The entering upon and taking posseSSIOn 01 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 01 delauil t'err!under or invalidate any act done in response to such default or pursuant to such notice of default and. notWithstanding the continuance In pO'iSeSSIOn 01 the Properly 01 the collectIon. receipt and application of rents. Issues or profits. Trustee or Lender shall be entitled to exerCise every right prOVided for 1f1 any ollh(' lo.,n InSlruments or by law upon occurence of any event of default. Including the right to exerCise the power cf sale. and (c) Commence an action to foreclose thiS Deed of Trust as a mortgage apPoint a receIver 01 specIIlcally enlorce any of the covenants hereof: No remedy herein conferred upon or reserved to Trustee or Lender IS Intended to be excluSive of any other remedy t1crelll or hy law prOVided or permitted. but each shall be cumulative. shall be in addition to every other remedy given hereunder or now or hereafter eXisting allaw or In eQlIlly or by slatute and may be exercised concurrently. Independently or successively 10 Trullee. The Trustee may resign at any time Without cause. and Lender may at any time and WI thou I cause apPOInt a successor or subslttute Trustee. Trustee shall not be liable for any loss or damage unless due to actionable negligence or Willful misconduct and shall not be reqUIred to take any action In connection with the enforcement of this Deed of Trust unless Indemi..fled. 1'1 Writing. for all costs. compensation or expenses which may be aSSOCiated therewith In addllton. Trustee may become a purchaser at any sale of the Property (judiCial or under the power of sale granted herem,. postpone the sale of all or any portIon 01 the property. as provided by law: or sell the Property as a whole. or In separate parcels or 101S 11 Future Advances. Upon request of Borrower. Lender may. at ItS option make additional and future aOv,l'lCeS and read...ances 10 Borrower Such advances and readvances, with interest thereon. shall be secured by thiS Deed of Trust At no tIme shall1t1e prinCIpal amount of the Indebtedness secured hy 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 __ 7-0.,..000-_ OD- . whichever is grealer 12 Mllc&lIaneoul Provlllon.. (a) Borrower Not Released. ExtenSion of the time for payment or modification of amortization of the sums secured by thIS Deed of Trust grap.~ed by Lender to any successor In interest of Borrower shall not operate to release. In any manner. the liability of the onglnal Borrower and Borrower's successors In Interest Lender shall not be reqUired to commence proceedings agalflst such successor or refuse 10 extend ttme ior payment or otherWise modify amorllzatlon of the ~ums secured by thiS Deed of Trust by reason of any demands made by the anginal Borrower and Borrower's successors 10 Interest (b) Lenders Power.. Without affecting the liability of any orher person liable for the payment of any oblIgation herem mentioned. and Without affecting the lien or charge of this Deed of Trust upon any portion of the Property nor 1hen or theretofore released as security for the full amount of all unpaid obligations. Lender may, from time to time and Without nollce (I) release any person so liable. (Ill extend the maturity or alter any of the terms of any slIch obligatIOns. (III) grant other indulgences, (i...) release or reconvey. or cause to be released or reconveyed at any time at Lender's options any parceL portion or all of the Property. (v) take or release any other or additional security for any obligation herem mentIOned. or {IJI) make compOSitions or other arrangemen1s With debtors m relatIOn thereto (c) Forbearance hy Lender Not a Waiver. Any forbearance by Lerider In exerCIsing any right or remedy hereunder. or otherWise afforded by applicable law. shall not be a waiver of or preclude the exercise of any such right or remedy The procurement of Insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's fight to accelerate the maturity of the Indebtedness secured by thIS Deed of Trust (d) SUCCtlISO'1 and AIIlgnl Bound; Jolnland Seve,a. Liability; Captions. The covenants and agreements herelll conlallled shall bond. and thO fOghts hereunder shall inure to. the respective successors and assigns of Lender and Borrower. subject to the proVISions of paragraph 8 (e) hereof All covenants and agreements of Borrower shall be lomt and several The captions and headings of the paragraphs of thiS Deed of T rust are for convenience only and are not to be used to Interpret or define the proviSions hereof (e) R.quel' tC'r NoUces. The parties hereby request that a copy of any notice 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 to the manner preSCribed by applicable law. Except for any other notice reqUired under applicable law to be given 10 another manner. any notice prOVided for Ir) thiS Deed of Trust shall be given by mailing such notice by certified mall addressed to the other parties, at the address set forth above. Any notice provided for in this Deed of Trust shall be deemed to have been given to Borrower or Lender when given m the manner deSignated herem (f) Inspection. Lender may make orcauseto be made reasonable entnes upon and Inspections of the Property. proVided that Lender shall give Borrower notice prior to any sucn inspection speCifying reasonable cause therefor related to Lenders mterest m the Property (g) Reconveyance. Upon payment of all sums secured by thiS Doed of Trust. Lender shall request Trustee to reconvey the Property and shall surrender this Deed of Trust and all notes eVldencmg mdebtedness secured by thiS Deed of Trust to Trustee Trustee shall reconvey the Property wlthou1 warranty and without charge to the person or persons legally entitled thereto Such person or persons shall pay all costs of recordatIon. If any (h) Person.. Property, Security Agreement. As additIOnal security for the payment of the Note all fixtures. equipment. and other personai properly used in connection with the real estate or improvements located thereon. and not otherWise declared or deemed 10 be a part of the real estate secured hereby shall be subjeclto a securily interest in fa....or of the Lender undpr the Nebraska Uniform CommerCial Code ThiS mstrum~nt shall be construed as a Security Agreement under said Code. and the Lender shall have all the nghls and remedies of a secured par1y under said COde m additIOn to the nghts and remedIes created under and accorded the Lender pursuant to thiS Deed of Trust (i) Sever.blllty. In the event that any proVISIon of thiS Deed of Trust conflict With appllcablp.law or are declared invalid m otherWise unenforceable. such conflict or invalidity shall not affect the other provISions of this Deed of Trust or the Note which can be gIven effect Without the confllctmg prOVISion. and to thiS end Ihe provlS,ons of the Deed of Trust and the Note are declared to be severable ~7 II/ .O"'~".. o.".~ "" - "' ,,","~ ,.., .,,,,," ,"0," ~_ ( ~ _ _ _f~"l-- )~~~ {C. Roger -i/i:g~,o~ ft;US6'}i~iJ ~~2~A'-~ -f}.-l}/~ (<<h< 80rro~ (LaVonll<? R. Nplson) k' /{,_ r---....-- ~ / ~ I~ r' ~ ,.,.