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6 Eminent Domain. Lender IS hereby aSSIgned all compensal10n awards damages and olher paymen's or reliel (h.a.aa~procl~ ,1.elnel;l w,ttl condemnation or other taking of the Property or part thereot or for conveyanca In IIOU 01 condemnation Lender shall be entitled allls option to commence. appear in and prosecute in its own name any action or proceedings. and shall also bo enlttled 10 make any compromise or setthHnent In connectIOn with such taking or damage. In the event any portion aflha Property IS so taken or damaged. Lender shall have tho option lf1 Its sole 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 Indebtedness 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 application of Proceeds to indebtedness shall nol extend or postpone the due date of any payments under the Nate. ar cure any default thereunder ar hereunder 7 Performance by Lender. In the event of Borrower's failure to perform any of the covenants herein or make any payments required hereby. or If anyaet is taken or legal proceeding commenced which materlally 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 fails 10 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 fights. 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 II may do or omit to do hereunder 8. Events of Default. The following shall constitute an event of default under thiS Deed of Trust (a) Failure to pay any installment of principai 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 IhlS 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 or of all or any part of the Property. or the rents. issues or profits thereof, or Borr0wer shall make any general assign men I for the benefit of creditors. (e) The sale, transfer, assignment. conveyance or further encumbrance of all or any part of or any mterest to the Property. either voluntarily or involuntarily. without the express written consent of Lender (I) If Borrower is not an individual, the sale. transfer. asslgnmert. conveyance or encumbrance of more than _ percent of (It a corporation) Its issued and outstanding stock or (if a partnership) _ percent of partnership mlerests 9. Remedlel; Acceleration Upon Default. jn the event 01 any Event 01 Defacll Lender m?y declare all mdebtedness 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 granled herein. and Trustee shalllherealtereause Borrowers interest In the Properly 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 bringing 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 01 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!'ierve the vaiuc. 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 laking possession of the Property. sue for or otherWise collect the rents. issues and profits thereof. including those past due and unpaid. and apply the Sdme_ less costs and expenses of operation a:ld collection Including attorneys' fees. upon any indebtedness secured hereby, all in such order as Lender may determine The entering upon and taking possession of the Prope,ty. 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 01" 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 collec!lon, receipt and applicatIOn of rents. issues or profits. Trustee or Lender shall be entitled to exerCise every right prOVided for 10 any of the Loan Instruments or by law UpOll occurence of any event of default. includmg the fight to exercise the power of sale and (c) 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 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 eXlsllng at law or In equity or by statute and may be exercised concur,enlly. independently or successively 10. Trullee. The Trustee may resign at a;.1 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 lo:'is or damage unless due to actionable negligence or Willful mlsconducL and shall not be reqUired to take any action in connection with the enforcement of this Deed of Trust unless indemnified. 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 (judicial or under the power of sale granted herein). postpone the sale 01 all or any portion of the ':-Foperl/. as prOVided by law: or sell the Property as a whole. or in separate parcels or 10lS 11. Future Advances. Upon request of Borrower. Lender may. at Its optlon_ make ad11tlonal 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 of this Deed of Trust. exceed the oflglnal prinCipal amount stated herein or s--.2 '*-I'OOQ.D.Q . whIchever IS greater. 12. Mlace!laneoua Provlllon.. (a) Borrower Not Released. ExtenSion of the time for payment ar modification 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 onglOal Borrower and Borrowers successors to intereSL Lender shall not be required to commence proceedtngs against such successor or refuse to extend time lor p2'yment or otherWise modify amortization of the sums secured by this Deed of Trust by reason of any demands made by the orlglOal Borrower and Borrowers successors 10 IOterest (b) Lender'. Powerl. Without affectmg the lIablhty of any other person liable for the payment of any obligation herem mentioned. and Without affectmg the lien or charge of this Deed of Trust upon any portion of the Property nol then or theretofore released as security for the full amount of all unpaid obligations. Lender may. from time to time and Without notice III release any person 50 liable. (II) extend the matunty or alter any of the terms of any such obligattons. (Ill) 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 security for any obligation herein mentioned. or (VI) make composlllons or other arrangements With debtors 10 relahon thereto. (c) Forbearance bV Lender Not 8 Waiver. Any forbearance by lender In exerclslOg any fight or remedy hereunder. or otherWise afforded by applicable law. shall not be a waiver of or preclude the exerCise of any such flghl 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 (he maturity of the IOdebtedness secured by thiS Deed of Trust (d) Succellorl and Alllgnl Bound; Jolnl and Several Llabtltly: Capllonl, The covenants and agreements herem contamed shall bmd. and the lights hereunder shall inure to, the respectrve successors and assigns of Lender and Borrower. subJect to the prOVISions of paragraph 8 (e) hereof All covenants and agreements of Borrower shall be JOlOt and several The captlons and headings of the paragraphs of thiS Deed of Trust are for convenience only and are not to be used to interpret or define the provISions hereol (e) Requf'llfor Notlcel. The parties hereby request that a copy 01 any notlce of default hereunder and a copy 01 any notice of saie hereunder be mailed to each party to this Deed of Trust at the address set forth above In the manner preSCribed byappllcabte law_ Except for any other notice reqUired under applicable law to be given in another manner. any notice prOVided lor 10 thiS Deed 01 Trust shall be given by mailing such notice by cerllfled 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 herein (f) Inlpeclion. Lender may make or cause to be made reasonable entrIes upon and tnSpectlOns of the Property. prOVided that Lender shall give Borrower notice prior to any such inspection speCifYing reasonable cause therefor related to Lenders mterest In the Property (9) Reconveyance. Upon payment of all sums secured by thiS Deed of T rust. Lender shal! request Trustee to reconvey the Property and stlall surrender this Deed of Trust and all notes eVldencmg mdebtedness secured by thiS Deed 01 Trust to Trustee Trustee shall reconvey the Property wlthoet 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) Perlonal Property, Securll~ Agreement As additional seeullty lor the payment of the Note allllXlures. eqUipment. and other personal pr'lperty used in connection wiih the real estate 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 Interest in favor of the Lender undN the Nebraska Umform CommerCial Code ThiS IOstrum~nt shall be construed as a Secuflty 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 fights and remedies created under and accorded the Lender pursuallllo thiS Deed of Trust (i) Severability. In the event that any prOVISion of thiS Deed of Trust conflict With applicable law or are dee d Invahd or otherWise unenforceable. such conflict or Invalidity shall not affect the other prOVISions 01 thiS Deed of Trust or the Note which can be given eft ct rllhout the conflicting prOVISion and to thiS end the prOV'Sions of the Deed of Trust and the Nole are declared to be se~ ,~ , -.---, 7; / Borrower has executed thiS Deed of Truslthe date wllllen above l ~' ~ / ; _u._u___~ un __ 27.&~_ (.}6hn R. Gunders Husband) ~ '\" ./ (lC-~d-~;~~-;:~;;~~: ::f~7'- " ~ / l