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<br />6 Emlnent Domain. Lender IS hereby 8sslgr:ed all compensation. awards. damages and other payments or relte' (hereinafter "Proceeds"lln connection with
<br />condemnation or other laking or the Property or parllhereof, Of farconl/eyance In 1,&U of condemnation Lender shall be entitled at Its option to commence. appear In and
<br />prosecute In 111 own name sny aclion or proceedings. and shall also De entitled to make any compromise or settlement In connecllon with such taking or damage. In tha
<br />ilt'vent any portion or the PrOpertY.5 so 'Iken or damaged. Lender shall have the option. in Its sole and absolute discretion. to apply all such Proceeds. after deducting
<br />therefrom all costs and expense. Incurred by It In connection with such proceeds. upon any indebtedness secured hereby and In such order as Lender may determine. or to
<br />applr all such Proceeds. 'her such d8'tuctlons. to the restoration 01 the Property upon such condlllons as Lender may determine Any application of Proceeds to
<br />Indebtednen shill not extend or postPOne the due date of any payments under the Note. or cure any default thereunder or hereunder.
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<br />7. PerfOflftlntt By LenIIIr.ln tneevfJnt 01 Borrowe"s failure [Q per10nn any of thccowcnent:li herein or make any payments required hereby. or if any act III taken or
<br />legll proceeding commenCed which matarlllly allects Lender's Interost In the Property. Lender mlY in Its own discretion. but without obligation to do so. end without notice
<br />to or demand upon Borrower enel wlthoul relelting Borrower from eny obligation. dOlny act which Ihe Borrowar has agreed but lailsto do Bnd may also doany oth" act it
<br />deems neceuary to protect the lecurity hereof. Bortower shall, Immediately upon demand there'or br Lender. pay to Lender all costs and expense, incurred and sums
<br />a.pended by Lender Inconnectionwllhlhee.erclseby Lender 01 the loregolng rights. together with Inlerestthereon althe rate provided In Ihe Nole. which shall be added to
<br />the lndebtedneu secured herebv.lender shall nallncur any person81liabllitr because of anything it may do or omit to do hereunder.
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<br />8. E...... 01 ~ Theloltowing shall conslitule en event 01 delault under this Deed 01 Trust:
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<br />(.~ Failure to pay any Installment 01 principal or interest or any other sum secured hereby when due, or failure to pay when due any other indebtedness of
<br />Borrowerlo Lender:
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<br />(b) A breach of or default under any provision contained in the Note, this Deed 01 Trust. any document which BRcures Ihe Note. and any other
<br />encumbrance upon the Property;
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<br />(0) A writo' execution or attachment or any similar process shall be entered 8gainst Barra,,","': -.....~:ri1 '!i-1all become a lien on the Property or any portion
<br />Ihereot or Inlerest Ihereln;
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<br />(d) There shall be flied by or against Borrower an action under any present or future federal, state or other statule. law or regulation relating to
<br />bankruptcy, insolvency or otherrellel lor debtors; or there shall be appointed any trustee, receiver (If liquidator of Borrowerorof all or any part of the Property, or
<br />the rents. issues or prolits thereof. or Borrower shall make any generai assignment for the benefit of creditors.
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<br />Ie) The sate, transfer, assignment. conveyance or furthf:lr encumbrance of all or any part of or any interest in the Property, either voluntarily or
<br />In"loluntarily, without the express written consent of Lender.
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<br />, (I) If Borrower is not an individual. lhe "Ii 7iJ'i" esslgnmenl. conveyence or encumbrance 01 more then / / / / / percent of (If a co rporallon) Its
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<br />CX) issued and outstanding stock or (if a partnership) _ percent of partnership Interests.
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<br />CIC) 9. Remedielj AccelenUon Upon Der.u". In the Bvent of any Event of Default Lender may declare all Indebtedness secured hereby to be due and payable and the
<br />same shall thereupon become due and payable withoul any presentment. demand. protest or notice of any kind. Thereafter Lender may:
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<br />tal Demand that Trustee exercise the POWER OF SALE granted herein, and Trustee shall thereafter cause Borrower's interest In the Property to be sold
<br />and the proceeds to be distributed. all in the manner provided in Ihe Nebraska Trust Deeds Act:
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<br />(b) Either in person or by agent. with or without bnnglOg any action or proceedmg, or by a receiver appointed by a court nnd without regard to the
<br />adequacy ot 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
<br />II deems necessary or desirable to preserve the value. marketability or renlabllity of the Property. or part thereof or interest therein. increase the income
<br />therefrom or protect the security hereo' and, with or without taking possession of the Properly. sue for or otherwise collect the rents, Issues and profits thereof,
<br />including those past due and unpaid. and apply the same. less costs and akpenses 01 operation and collection including attorneys' fees. upon any indebtedness
<br />secured hereby, all in such order. as Lender may determine The entermg upon and laking possession of the Property, 1he collection of such rents. issues and
<br />profits and the application thereof as aforesaid. shall not cure or waive any default or notice at default hereunder or invalidate any act done in response to such
<br />default or pursuant to such notice of default and. notWithstanding the continuance 10 pO'lsesslon of the Property or the collection. receipt and application of
<br />rents, issues or profits, Trustee or Lender shall be entllled 10 ekerCIse every right provided tor In any of the loan Instruments or by law upon occurence of any
<br />event 01 delsult. including lhe right to e.ercise the power 01 .ele: and
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<br />(c~ Commence an action to foreclose this Deed 01 Trus1 as a mortgage. appoint a receiver. or specl1ically enforce any of the covenants hereof;
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<br />No remedy herein conferred upon or reserved to Trustee or Lender IS Intanded to be e:Kcluslve of any other remedy herein or by law prOVided or perrmtted. but each shall be
<br />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 concurrently,
<br />Independently or successively.
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<br />10. True.... The Trustee mar resign at any time wllhout cause and Lender may al any time and Without cause ap.polOl a successor or substitute Trustee. Trustee
<br />shalt not be liable for any 10ls or damage unless dUB to aChonable negligence or Willful misconduct. and shall nol be reqUIred to take any action in connection with the
<br />enforcement of this Deed of Trust unless indemnllled. 10 writing. tor all costs. compensahon or expenses which may be assOCIated thereWith. In addition. Trustee may
<br />become a purchaser atanv sale of the Property (judiCial or under the power of sale granted herelO)~ postpone the sille at all or any portion of the property. as provided by law:
<br />or sell the Property IS a whole, or in separate parcelS or lots.
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<br />11. FutUN Adnncel. Upon request of Borrowe.. Lender may. at its option. make additional and future advances and readvances 10 Borrower. Such advances and
<br />readv.ancell, with int~. _.-...- .".rl8on. shall be secured by this Deed 01 Trust Al no time shall the prinCipal amount of the Indebtedness secured I thlEl Deed of Trust. not in-
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<br />cludlng sumsadvancedtoprotecUhesecurity ofthls Deed 01 Trus1. elllceed the original principal amounlstaled herein. or$ 1// / II/II 111// / . whichever is
<br />greater.
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<br />'2. 1I1M:elIaneou. PromIont.
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<br />(al Borrower Nol A......d. Extension ot the time tor payment or modification ot amortizatron at the sums secured by this Deed at Trust granted br
<br />Lender to Iny -slJccessor In interest of Borrower shall not operate 10 release. In any manner. the liability of the onglOal Borrower and Borrower's successors in
<br />interest. Lender shall not be reqUired to commence proceedings against such successor or rei use to extend time for payment or otherwise modify amortization
<br />01 the sums secured by this Deed of Trust by reason of any demands made by the orlgmal Borrower and Borrower's successors in interest.
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<br />(b) Len.r'.Powefl. Without alfecting the liability ot any other person liable tor the payment of any obligation herein mentioned. and withoul affecting
<br />the lien or charge of this Deed of Trust upon any portion at the Property not then or theretofore releas.ed as security for tho full amount of all unpaid obligations,
<br />lender may, from time to lime and without notice II) release any person so liable. (II) ektend the matunty or alter any of the terms ot any such obligations, (Hi)
<br />granl other indulgences. {Iv} release or reconvey. or cause 10 be 'eleased or reconveyed at any time at Lender's opUonsany parcel. portion or all of the Property.
<br />(v) take or release .nyother or additional security for any obligallon herein mentioned. or (VI) make compositions orolher arrangements with debtors in relation
<br />lhereto.
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<br />(c) F""",ance b, Lender Nol. W.I,.r. Any forbearance by Lender In exerCising any righl or remedy hereunder, or otherwise afforded by applicable
<br />Ilw. shall not bea waiverofor preclude IheekerCIse at any such right or remedy _ The procurement 01 Insurance or the payment of taxes or other liens or charges
<br />by lender shall nol be a waiver of Lender's right to accelerate the maturity of the Indebtedness secured by this Deed of Trust.
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<br />(d) 8ucceaon and AUlgnI Bound; Joint and Several Liability; Caption.. The covenants and agreements herein contained shall bind, and 1he rights
<br />hereunder shall inure 10, the respective successors and assigns of Lender and Borrower. subject to the prOVIsions 01 paragraph 8 (e) hereof All covenants and
<br />agreement. of Borrowe,shall be joint and several The captlonl and headmgs of the paragraphs ollhis Deed of Trust Bre lor convenience only and are not to be.
<br />used \0 Inlerprel or dellnethe provisions hereol.
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<br />(el R.......tfor NoIIcni The parties hereby request thai a copy 01 any notice ot default hereunder and a copy 01 any notice of sale hereunder be mailed to
<br />each panylo this Deed of Trul' al the address set forth above in the manner prescribed by applicable law. Ekcept for any other notice required under applicable
<br />I.wto M 91"," in 80Qther manner, any notice provided tor In thiS Deed 0' Truit shall be given by mailing such notice by cerUhed mail addressed to the other
<br />pertln. at the add_. ...t forth above.
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<br />Any notice provided for in thil Deed at Trust shall be deemed 10 hawe been given to Borrower or Lender when given In Ihe manner designated herein.
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<br />(I) InapecllGftolendermay makeorcause 10 be made rellonable entries upon and IOspectionsot the Property, provided thai Lender shall give Borrower
<br />notice prior 10 any such Inspection specifying reasonable caul'e therelor related to Lender's Interf'st in the Property.
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<br />{gJ AKorwe,ance~Upon payment ot all sumsl8cured by this Deed or Trust, Lender shall request Trustee to reconver the Property and shall surrender
<br />this Deed of Trult and III notes evidencing Indebtedness lecured by thiS Deed or Trust to Trustee, Trustee shall reconvey the Property without warranty and
<br />wilhOlJl Cllarge to llIe perlOn or persons legally entitled thereto. Such person or peraon. .hall psy all co.ls of recordBllon. " any,
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<br />(h. PenonaIProperfy.s.curttr Avnemenl. Aladditionall8curity 'or the payment of the Note all fixtures. equipment. and other personal property used
<br />in conf\ttClIon with 'he realelllteortmprovementslocated thereon.Bnd not otherwlledi&CJared or deemed to be a part 01 the real estate secured hereby. shall be
<br />aubject to asecurity InterelUnf8Vorof the Lenderund..r the Nebraska Uni10rm Commercial Code. This Instrum.,nt shall be construed as B Security Agreement
<br />Linde' Uld Code, .nd 1he Lender .hall have aU the rlghtlland remedies 01 a secured party under said Code In addition to the rights and remedies created under
<br />Ifld lICcordecllhe Lender pUrl""nl to Ihlt Deed of TrU5l.
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<br />(I) .......,. In the event that an)' provision ot this Deed of Trust contlict with applicable law or are declared invBlid or otherwise unenforceable,such
<br />conlllct or In".lidity all.1I not ."ectth.other provisions ot this Deed of Trust or the Note whl h can be given effect without the conflicting provision. and to this
<br />_the PfOYillont of lhe Deed of Trutt ~nd lhe Note are declered 10 be ... rabte.
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<br />Borrower hat execuled thl. Deed of Trult Ihe dl!lte written above.
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<br />Inc.
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<br />Borrower
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