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r Q) It) co o o .,..; , CO CO 6 Emlnenl Domsln. Lender IS hereby assigned all compensation. awards. damages and oHler payments or relief (hereinafter "Proceeds") In connection With condomnallon or other taking of the Property or part thereof. or for conveyanco In IloU 01 condemnation Lender shall be entllled allls option 10 commence, appear in and 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 event Bny portIon of the Property is so taken or damaged. Lender shall have U10 optIOn. In Its sole and absolute discretIOn. 10 apply all such Proceeds. aHer deducting therefrom all costs and expenses incurred by it In connection with such proceedS, upon any Indebtedness secured hereby and In such order as Lender may determine, or to apply (ill such Proceeds, after such c1eductlons, 10 the restoration of the Property upon such conditions as Lender may determme Any application of 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. Pertormc8nce by lender. In the event 01 Borrower's failure to perform any of the covenents herein or make any payments required hereby, or if any act IS taken or legal proceeding commenced which materially affects Lender's mterest in the Property. Lender may In Its own dIscretion. but without obligation to do so. and without notice to or demand upon Borrower and without releasing Borrower from any obligation. do any act whIch the Borrower has agreed but fails 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. pat to Lender all costs and expenses incurred and sums expended by Lender in connection with the exercise hy Lender of the fo<egoing rights. together with mterest thereon at the rate provided in the Note. which shall be added to the indebtedness secured hereby_ Lender shall not incur any personalliablltty because of anything It may do or omit to do hereunder 8. E\r'ente of Default. The following shall constitute an event of default under thiS Deed of Trust: {a} Failure to pay any installment of principal 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 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 lien on the Property or any portion thereof or interest 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 relating to bankruptcy. insolvency or other relief for debtors: or there shall be appointed any trustee. receiver or liqUidator of Borrower orof all or any part of the Property, or the rents. issues or profits thereof. or Borrower shall make any general assignment for the beneht of creditors (e) The sale. transfer. assignment. conveyance or further encumbrance of all or any part of or any interest in the Property. either voluntarily or involuntarily. without the express written consent of Lender (I) If Borrower is 110t an individual. the sale. transfer. assignment. conveyance or encumbrance of more than _ percent of (it a corporation) its issuad and outstanding stock or (if a partnership) 50 percent of partnership Interests 9, Remedies; Acceleration Upon Default. In the event of any Event 01 Delault Lender may declare all mdebtedness secured hereby to be due and payable and the same shall Ihereupon become due and payable without any presentment, demand, protest or notice 01 any kmd Therealler Lender may: (a) Demand that Trustee exercise the POWER OF SALE granted herein. and Trustee shal: thereafter cause Borrower's interest in the Property to be sold and the proceeds to be distributed, all in the manner provided In the Nebraska Trust Deeds Act; (b) Either in person or by agent. with or Without bnnglng any acllon or prcceedmg. 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 any part thereof. In 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 rentability of the Property. or part thereof or interest therein. increase the income therefrom or protect the security hereof and. with or Without taking possessIOn 01 the Property. sue for or otherwise collect the rents. issues and profits thereof. including those past due and unpaid. and apply the same. less costs and expenses of operation and collectIOn Including attorneys' fees. upon any indebtedness secured hereby. all in such order as Lender may determine. The enleflng upon and taking possession 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. notWithstanding the continuance to possession of the Property or the collection. receipt and application of rents. issues or profits. Trustee or Lender shall be entitled to exercise every fight prOVided for to any of the Loan Instruments or by law upon occurence of any event of default. including the fight to exercise the power of sale: and (el Commence an action to foreclose thIS Deed of Trust as a mortgage. appoint a receiver. or speCIfically enforce 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 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 hereafler eXisting at law or In eqUity or by statute. and may be exercised concurrently. independently or successively. 10. Trultee. The Trustee may resign at any time Without cause. and Lender may at any 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 Willful misconduct. and shall not be reqUired to take any action in connection with the enforcement of this Deed of Trust unless md€-,nafied. 10 wutlng. for all costs. compensatIOn or expenses whiCh may be assOCiated therewith. In addition. Trustef! may become a purchaser at any sale of the Property (Judicial or under the power of sale granted herein). postpone the sate of all or any portion of the property. as provided by law; or sell the Property as a whole, or in separate parcels or lots 11. Future Advancel. Upon request of Borrower. Lender may. at Its option. make additional and future advances and readvances to Borrower. Such advances and readvances. with interest thereon. shall be secured by thiS Deed of Trust At no time shall the prinCipal amount of the Indebtedness secured by this Deed of Trust. not in- cluding sums advanced to protect the security 01 this Deed of Trust. exceed the onglnal pflnclpal amount stated herein. or S J5o.,QQO_a~ __. whichever is greater. 12, Miscellaneous P,ovlslonl. (a) Borrower Not Retealed. ExtenSIOn of the time for payment or modification 01 amortizatIOn of Utc sums secured by this Deed of Trust g{anted by Lender to any successor in mterest of Borrower shall not operate to release. 10 any manner. the liability olthe orlgmal Borrower and Borrower's successors in interest. Lender shall not be reqUired to commence proceedings against such successor or refuse to exlcnd tunc tor payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demands made by the oflglnal Borrower and Borrowers successors in Interest. (b) Lender', Powerl. WittlQul affecting the liability of any other person hable for the payment (\f any obllgalton herem mentioned. and without affecting the lien or charge of this Deed of Trust upon any portIOn 01 the Property not then or theretofore released as security for the full amount 01 all unpaid obligations. lender may. from time to time and Without notice (I) release any person so liable. (Ii) extend the maturity or alter any of the terms 01 any such obligations. (iii) grant other indulgences. {IV} release or reconvey. or cause to be released or reconveyed at any time at Lender's options any parcel. porllon or all of the Property. (v) take or release any other or additional secuflty fOf any obligation herein mentIOned. or (VI) make composlllons or other arrangements With debtors in relation thereto. (c) Forbe.rance by lender Not. Waiver. Any forbearance by Lender In exercismg any fight or remedy hereunder. or otherwise afforded by applicable law. shall not be a waiver of or preclude the exerCise of any such TIght 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 right to accelerate the maturity of Ihe Indebtedness secured by thls Deed of Trust (d) Succesaora and .salgns Bound; Joint and Several Liability; Captions. The covenants and agreements herem con lamed shall bmd, and the rights hereunder shall inure 10. 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 Jomt and several The captIOns and headings of the paragraphs of thiS Deed of Trust arc for convemence only and are not to be used to int~p~et or ~efine the pr~lVisions hereof (e) Aequ... tor Nollcel. The partlt:ts hereby request that a copy of any notice of defaull hereunder and a copy Of any nollce of sale hereunder be mailed to each party to this Deed of Trust at the address set forth above In Ule manner prescnbed by applicable law Except for any other notice reqUired under applicable law to be gi~en in another manner. any notIce provided fQr tn this Deed of Trust shall be given by mailing such notice by certIfIed mall addressed to the other parties, at the address setlorth above ' Any notice provided for in this Deed of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herem. (I) 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 to any such inspection specifYing reasonable cause therefor related to Lender's Interest in the Property (g) Raconvayance, Upon payment 01 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 warranty and without charge to the person or persons legally entitled thereto Such person or persons shall pay all costs of recordation, II any, (h) Peraona' Property, Security Agreement, As additional security for the payment of the Note all fixtures eqUipment, and other personal property used in connection with the real estate or improvements located lhereon. 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 of the Lender undpr the Nebraska Uniform CommerCial Code ThiS Inslrum'1nt 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 In addition to the fights and remedies created under and accorded the Lender pursuant to this Deed of Trust. (i) Severability. In the event that any prOVISion of this Deed of Trust conflict with applicable law or are declared Invalid or otherWise unenforceable. such conflict or invalidity shall not atlect the other provisions of this Deed 01 Trust or the Note whIch can be given eHect Without the conflicting provision. and to this end the proviSIOns at the Deed of T rust and the Note are declared to be severable r-~ i ), Borrower has executed this Deed of Trust the date wflllen above Grand Island Clinic Building Co., A Partnership By: 1-7/r a ~__i__~~u~C\) . .-- ._--~- Borrower i' / \'.,.