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I L 6 Eminent Domnln. Lender IS hereby aSSIgned all compensatIon. awards. damages and olher payments or reloel Itlerel.8~~ceej.)Q Q,~c~n~ilh condemnation or other taking of tho Proporty or parllhereof. or for conveyance In lieu of condemnation Lender shall be entitled at Its optton 10 commence, appear In and prosecute in Its own name any achon or proceedings. and 5hall also be entitled to make any compromIse or settlement In connection with such taking or damage. In the event any portion of the Properly is so taken or damaged. Lender shall have the option. in Its sole and absolute discretion. 10 apply all such Proceeds. after 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 all such Proceeds, after such deductions, to tne restoration of the Property upon such conditIOns as Lender may determine 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 Performance by Lend'2r.ln the event oi Borrower's failure to perform any of the coveflents herein or make any payments reqUired hereby. or If any act IS taken or legal proceeding commenced which materially affects Lender's Interest 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 falls to do and may aiso 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 Lend13r in connection with the exercise by Lender of the foregoing fightS. together With Interest thereon at the rate prOVIded in the Note. which shall be added to the indebtedness sAcured hereby. Lender shall not Incur any personal liability because of anything it may do or ami I to do hereunder 8 Eventl ot Oet.ult. The lollowing shall constilute an e'lent 01 delault under thIS Deed 01 Trust. (a) Failure 10 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 l.ender: (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: (e) 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 thereol 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 orol 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. transfer. assignment. conveyance Of further encumbrance of all or any part of or any interest 1n the Property. eIther voluntarily or mvoluntarily, without the express written consent of Lender. (f) If Borrower is not an individual. the sale. transfer, assignment. conveyance or encumbrance of more than -5D- percent of (it a corporation) its issued and outstanding stock or (if a partnership) _ percent of partnership mterests g. Remedies; Acceleretlon Upon Oefault. In the event of any Event 01 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 herein. and Trustee shall thereaft~r cause Borrower's interest in the Property to be sold and the proceeds to be distributed. all in the manner prOVided In the Nebraska TI ust Deeds Act: (b) Either in person or by agent. with or Without bringing any action or proceeding. or by a receiver appomted by a court and Without regard to the adequacy of its security. enter upon and take possession of the Property. or any partthereol. in Its own name or In the name of the Trustee. and do any acts which it deems necessary or desirable to pre!ilerve the value. marketability or rentability of the Property. or part thereof or interest therem. increase the income therefrom or protect the security hereof and, with or Without taking possession of 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 collechon Including attorneys' fees. upon any indebtedness secured hereby. all in such order as Lender may determine. The entering upon and talting 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 of delault hereunder or invalidate any 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 exernse every right proVided for In any of the Loan Instruments or b'J law upon occurence of any event of default. including the right to exercise the power of sale: and (c) Commence an action to foreclose this Deed of Trust as a mortgage. appomt 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 herein or by law provided or permitted. but each shall be cumulative. shall be in addition to every other remedy given hereunder or now or hereafter existing at law or In eqUity or by statute. and may be exercised co'-'currently. independently or successively. 10. Trustee. The Trustee may resigr, .It any time Without cause. and Lender may at any time and Without cause appomt 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 acllon in connection with the enforcement of this Deed of Trust unless indemnified. In writing. for all costs. compensallon or expenses whIch may be assoCIated therewith. In addition. Trustee may become a purchaser at any sale I)f the Property (judicial or under the power of sale granted herem) ~ postpone the sale of all or any porllon of the property. as provided by law; or sell the Property as a whole. or in separate parcels or lots. 11. Future Advances. Upon rt!quest of Borrower. Lender may. at ItS option. make additional and future advances and readvances to Borrower. Such ad"ances and readvances. with interest thereon. shall be secured by thiS Deed of Trust At no time shall the prinCipal amount of the mdebtedness secured by thiS Deed of Trust, not In- eluding sums advanced to protect the security olthls Deed 01 Trust. exceed the cnglnal principal amounl stated herein, or sl_2U~-.OO...OO____. whichever is greater. 12. Mlacelleneoul Provlllonl. (a) Borrower Not Relealed. ExtenSion of the time for payment or modtflCahon of amortization of the sums secured by this Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to release. In any manner. the liability of the O(lgmal Borrower and Borrower's successors in interest. Ler.der shall not be required to commence proceedings agamst such successor or refuse to extend time tor payment or otherwise modify amortization of the sums secured by this Deed 01 Trust by reason of any demands made by the Original Borrower and Borrowers successors in interest. (b) Lender's Powerl. Without affecting the Iiabllily of any other person liable for the payment of any obllgalion herem mentioned. and without affecting the lien or charge of this Deed of Trust upon any porlion 01 the Property notlhen or 'heretofore released as security forthe full amount of all unpaid obligations. Lender may. from time to time and without ",otice (I) release any person so hable, (ii) extend the matuflty or alter any ollhe terms of 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. portion or all 01 the Property, (v) take or release any other or addillonal security for any obligation herem mentIOned. or (VI) make composItions or other arrangements with debtors in relation thereto (c) Forb..rance by Lender Not 8 Waiver. Any forbearance by Lender in exerCising any right or remedy hereunder. or other.....ise afforded by applicable law. shall nol be a waiver of or preclude Ihe exercise of any such right or remedy The procurement 01 msurance or the payment of taxes or other liens or charges by lender shall not be a waiver 01 Lender's rlght to accelerate the maturoty 01 the mdebtedness secured by th.s Deed 01 Trust (d) Succeolorl end AIIlgnl Bound; Joint and Severel Liability; Captlonl. The covenants and agreenoents herein contamed shall bind. and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower. sublect 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 are for convenience only and are not to be used 10 interpret or define the provisions hereof. (e) Reques' tor Notlees. The parties hereby request that a copy of any notIce of delault 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 prescnbed by applicable law. Except lor any other notice required under applicable law to be given in another manner. any notice provided lor 10 this Deed of Trust shall be given by mailing such nollce by certified mall addressed to the 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 herem. (f) Inspection. Lender may make or cause 10 be made reasonable entries upon and inspeclions 01 the Property. provided that Lender shall give Borrower notice prior to any such Inspection specifying reasonable cause therefor related to lender's interesl in the Property. (g) Reconveyance. Upon payment 01 dll sums secured by thiS Deed of Trust. Lender shall request Trustee to reconvey the Property and ~hall 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 CO;its of recordation. If any (h) Peroon.' Property, Sacurlty Agreement. As add.tlonal security for the payment 01 the Note all fixtures. eqUIpment. and other personal property used in connection with the real estate or improvements located thereon. and no' otherwise declared or oeemed to be a part of the real estate secured hereby. shall be subject 10 B security interest in favor of Ihe Lender undN the Nebraska Uniform Commercial Code. This instrum'!nt shall be construed as a Securlly Agreement under said Code. and the Lender shall have all the rights and remedies of a secured party under said Code in addition to the rights and remedies -.::roated under and accorded the Lender pursuant to thiS Deed of Trusl (i) Severability. In the event thai any prOVision ollhis Deed of Trust c.onflict with applicable law or are declared invalid or otnerWISe unenforcoable, !:uch conflict or invalidity shall not affect the other proviSions of Ihls Deed of Trust or the Note which Cdn be given effect Without the conflicting prOVISion. and to ttll!:s end the provisions of the Deed of T rust and the Note are doclared to be severable Borrower has executed this Deed of Trust the date wrlllen above . :::r;t:v ~:~\~ZL:C." /-E Borrower (Prl'~3id('nL) ,- d ....'.1'l: "{i .l~ it~ "I.. ~m ~ :~ ..~ <It i~ I, ,....~._-- ,~ I Borrowor :0; ,.. ~ (