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6 Eminent Domain. Lender IS hereby assigned all compensatIon. awards. damages and oHler payments or rei leI (herelrlafterQp~:") In 1rOD80 3 condom natIOn or other taking of the Property or patllhereof. or lor conveyance In lieu of condemnallon Lender shall be enlltled allts optIOn to commence. appear In and prosecute In Its own name any action or proceedings, and shall also be entllled to make any compromise or settlement In connection With such taking or damage. In the event any portion of the PrOptHty IS so taken or damaged, Lender shall have the optIon. If) lIs sote and absolute discretion to apply all such Proceeds. after deducting therefrom all costs and expenses Incurred by it In connection With such proceeds. upon any Indpbtedness secured hereby and In such order as Lender may determine. or to apply all such Proceeds. after such deductIOns. to the restoration of the Property upon such conditions as Lender may determine Any apphcatlOn of Proceeds to Indebtedness shall not extend or postpone the due date of any payments under the Note. or CLire any default thereunder or hereunder 7 Performance by Lender. In the event of 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 mgy In Its own discretion. but wlthoui Obligation todo 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 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 of the foregOing rights. together with mterest thereon at the rate provided in the Note. which shall be added to the indebtedness secu~ed hereby. Lender shall not incur any personal hability because of anything it may do or omit to do hereunder a. Event. 01 Default. The following shall constitute an event of default under thiS Deed of Trust. (a) FaIlure to pay any installment of principal or mterest or any other sum secured hereby when due. or failure to pay when due any other mdel1tedness 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 sllall 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 or of all or any part of the Property. or the rents. issues or profits thereof. or Borrower shall make any general assignment f'Jr the benefit of creditors (e) The sale. transfer. assignment. conveyance or further enrumbrance of all or any part of or any mterest 10 the Property. either voluntarily or involuntarily. without the express written consent of Lender (f) If Borrower IS not an mdividual. the sale. transfer. assIgnment. conveyance or encumbrance of more than N / A percent of (11 a corporation I lis Issued and outstanding stock or (if a partnership) J'l.iA_ percent of partnership mterests 9. Remedle.; Acceleration Upon Default. In the event of any Event of Default Lender may declare all Indebtedness 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 kind Thereafter Lender may' (a) Demand that Trustee exercise the POWER OF SALE granted herem. and Trustee shall thereafter cause Borro......er.s interest In the Property 10 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 proceeding. 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 pre~crve the value. marketability or rentabIlity of the Property. or part thereof or Interest therem. Increase the IOcome therefrom or protect the security hereof and. With Or Without takmg possession of the Property. sue for or otherWise collect the rents. Issues and profits thereof. mcluding those past due and unpaid. and apply the same. less costs and expenses of operation and collection Includmg attorneys' fees. upon any Indebtedness secured hereby. all in such order as Lender may determine The entering upon and taking possession of the Property. the collection of such fOnts Issues and profits and the application thereof as aforesaid. shall not cure or waive any default or notice of default hereunder or ,"validate a.ny act done In response to such default or pursuant to such notice of default and. notWithstanding the continuance In posseSSion of the Property or the collection. receipt and application of rents. issues or profits. Trustee or Lender shall be entitled to exerCise every right prOVided for in any of the Loan Instruments or by law upon occurencc 01 any event of default. including the right to exerCise the power of sale_ and (c) Commence an action to forectose HilS Deed of Trust as a mortgage. apPoint a receiver. or speCIfically entor'.:e any of the covenants hereol 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, hut each shall be cumulative. shall be in addition 10 every other remedy given hereunder or now or hereafter eXisting at law or in eqUity or by statute. and may be c_erClsed concurrently. independently or successively 10. TrUll". The Trustee may resign at any time Without cause. and Lender may Ctt any time and .....Ithout cause apPoint a successor or substltule T fustec Trustee 5hall 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 indemmfled. in Writing. for all costs. compensation or expenses which may be assOCiated thereWith In addition, Trustee may become a purchaser at any sale of the Property (ludlclal or under the power of sale granted herem 1_ postpone the sale of all or any portion of the propert}'. as prOVided by Inw or seU the Property as a whole. or in separate parce:s or lots 11. Future A.dv.nce.. Upon request of Borrower. Lender may. at Its opllon. 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 pnnclpal amount of the mdebtedness secured by thiS Deed of Trust. not In' cluding sums advanced to protect the security of this Deed of Trust. exceed the ongmal pnnclpal amount stated herein. or S_ whichever is greater. 12, 1~I&Cell.neous Provisions. (a) Borrower Not Rele.sed. ExtenSion of the lime for payment or modification of amortization of the sums secured by thiS Deed of Trust grantod by lender to any successor in mterest of Borrower shall not operate to release. m any manner. the liability of the ongmal8orrower and Borrower's successors In interest. lender shall nol be reqUITed to commence proceedings against such successor or refuse to extend time for payment or otherWise modify amortllatlon of the sums secured by this Deed of Trusl by reason of any demands made by the onglOal Borrower and Borrower's successors in mterest (b) Lende,'. Power.. Without affecting the liability of any other person liable for the payment of any obtlgatlon herem mentioned. and Wltnout affectmg the lien or charge of this Deed of Trust upon any porllon of the Property not then or theretofore released as secunty for ttle full amount of all unpaid obligations. lender may. from time to time and Without notice {I} release any person so hable. (Ii) extend the maturity or alter any of the terms of any such obligatIOns, (ili) grant other indulgences. (iv) release or reconvey. or cause to be released or reconveyed at any time at Lender'S options any parcel. portion Of all of the Property. (v) take Of release any other or additional security for .Jny obligation herein menlloned. or (VI) make compOSitions or other arrangements With debtors In relallon thereto. (c) Fcrbe.r.nce by Lender Not. W.iver. Any forbearance by Lender 10 exercIsing any fight or remedy hereunder. or otherWise afforded hy applicable law. shall not be a waiver of or preclude the exerCise of any such right or remedy_ The procurement of msurance or the payment of taxes or other hens or charges by lender shall not be a waiver of lenders right to accelerate the malurlty of the mdebtedness secured by this Deed of Trust (d) Succ...ora and A...lgns Bound; Joint and Sever.. liability; Caption.. The covenants and agreements herem contamed shall bmd and the fights hereunder shall inure to. the respective successors and assigns of Lender and Borrower. subject to the prOVISions of paragraph 8 (0) hereof All covenants and agreements of Borrower shall be joint and several. Thecaptions and headings of the paragraphs of thiS Deed of Trust are for convenience on:y and are not to be used to interpret or define the proviSions hereof (e) Aequeel for Notlc... 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 10 the manner preSCribed by applicable law Except for any other notice reqUired under applicable law to be given in another manner. any notice provided for 10 this Deed of Trust shail 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 in the manner designated herem (f) In.peetlon.lender may make or cause to be made reasonable entTles 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 (9) AKon..y.nce. Upon paymF,nt of 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 01 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. If any (h) P.rson.1 Properly. $ecurlly Agreement. Asadditional security for the payment of the Note all fixtures. equipment. and other personal property used in connection with the real estate or improvements located thereon. and r:ot otherwise declared or deemed to be a part of the real eslate secured hereby. shall be subject to n security interest in favor of 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 In adLhhon to the lights and remedies created under and accorded the lender pursuant to lhis Deed of Trust (i) SewenblIhy. In the event that any proVISIOn of thiS Deed of Trust conlllct With applicable law or are declared Invahd or otherWise unenforceable. such conflict or invalidity shall not affect the other prOVISIons of this Deed of Trust or the Note which ca e given effect Without the conrllclt"g provIsion. and to thiS end the provisions or the Deed of Trust and the Note are declared t~ be severable. ...,( y".f ,j> Bo"owerhasexecutedthisDeedoITrust~1UtiCillatlll"ti!i~ thlS c:>::l.6 day of . , ~: 'JAk~~1Y~~ ar n . e Lers Borrowor B~d~:d~t!~'- V?.(tr. \~ Borrowf1' STATE OF NEBRASKA ) , ) COUNTY OF .,/...JilL/.-) ss. The above and foregoing Deed of Trust and Acknowledgement to before me this ~ day of lblv811llter. ~. by Tharin L. Peters ;lOd wi f e. ~~"ry /U/ '" ~ '. '. V\f\ ('",I) <:0=.,,,'0" E'P't.;J:"'---r- > ' ...., . - .,.... -. -.. 0. _ Deed of Trust \vas executed and Brenda l.. I'pl ers. husband I , \..\ 1- i_J~\_,."L___\Z._LhLtt21:..:L.L' :fotilrv I'lIh 1 j c ~ , , i \ , ( -1..