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<br />06-01-1988 <br />Loan No 5571 <br /> <br />DEED OF TRUST 88-10'"'84'1 <br />(ConUnued) /wi fw <br /> <br />Page 3 <br /> <br />I <br /> <br />romodi9s to which Lander may be ontltled on account of the default. Any such action by Lender shall not be construed as curing the default so as to <br />bar Lender from any remedy that It otherwise would have had. <br /> <br />WI.tiRANTV; DEFENS!!! OF TITlE. The following provisions relating to ownership of the Property 11'0 a part of this Deed of Trust. <br /> <br />no.. Grantor warrants that (a) Grantor holds good and mar1letable title of record to the Property In fee simple, free and cI88r of .. liens and <br />encumbrances other than those set forth In any policy of title Insurance IESlJed In favor of or In any title opinion given to, and accepted by, LAlnder <br />In connoctlon with this Coed of Trust and (b) Grantor has the fuN right, poW9l', and authority to execute and cIeIlver this Deed of Trust to Lender. <br /> <br />o.fenae of TI1Ie. Subjec1 to the exception In the peragrllph above, Grantor wll/Tants and will forever defend the title to the Property against the <br />lawful claims of all persons. In the event any lICtIon or proceeding is commencecl that questiol18 Grantor's title or the Interest of Trustee or Lencler <br />under this Deed of Trust, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party In llUCh proceeding, but Lencle:' <br />shall be entitled to plirllclpllte In the proceeding and to be repl'89Gnled In the proceeding by coull88l of hi own choice, and Grantor will deliver, or <br />cause to be doIIvered, to Lendel' such Instruments as may be requested by It from time to time to permit such p.nlclpatlon. <br /> <br />CompflJlnce With L.Iwa. Grantor warrants that Its use of the Property complies with l1li existing applicable laws, ordinances, and regulltlons of <br />governmental authoritles. <br /> <br />CONDEMNATION. The following provisions relating to proceedings In condemnation are a part of this Deed of Trust. <br /> <br />Application of Net ProceedL If all or any part of the Property Is condemned, Lender may at Its election require that all or any portion of the net <br />proceeds of the awli'd be applied to the Indebtedness. The net proceeds of the award shall mean the sward a1tflr payment of .. reasonable <br />costs, expenses, and attorneys' fees llElCOSSarily paid or Incurred by Grantor, Trustee, or Lender In connoctlon with the conclemnatlon. <br /> <br />Proc:HdInga. "any proceeding In condemnation is filed, Grantor shall promptly notify landei' in writing, and Grantor shall promptly hike such <br />steps lIS may be ~ to defend the lICtIon and obtain the award. Grantor may be the nomlnlll party in such proceeding. but Lender shall be <br />entltlod to participate In the prooeedlng and to be represented In the proceeding by counsel of Its own choice, and Grantor will deliver or cause to <br />be cIeIlveted, to Lendel' such lnstrurmntllllS may be requestGd by It from time to time to pemit such partlc:lpatlon. <br /> <br />IMPOSITiON OF TAXES BY GOVERNMENTAL Al/THORmES. The followtng provisions relating to taxes are a part of this Deed of Trust. <br /> <br />Tun Covered. The following shaH constitute taxes 10 which this section applies: (a) a specific tax upon this type of Deed of Trust or upon .'1 or <br />"ny part of the Indebtedness secured by this Deed of Trust; (b) a specific tax on Borrower which Borrower ita authorized or required to deduct <br />from peyrnents on lhe Indebtedness secured by this type of Deed of Trust: (c) a tax on Ihis type of Deed of Trust chargeable against the Lender <br />or The holder of the Note; and (d) a specific tax on all or any portion of the Indebtedness or on payments of principal and imerest made by <br />Borrower . <br /> <br />Remocl... lIany tax to which this section applies Is anllCted subsequent to the date of this Deed of Trust, this event shall have the YI1W efIed as <br />an Event of Default, and Lendel' may exercise any or all of Its available remedies for an Event of Default as provtded below ul'llen Grantor either <br />(a) pays the tax before It becomes delinquent. or (b) contests the tax as provtded above in the Taxes and liens section and deposits with I..endlI' <br />cash or a sufficient corporate surety bond or other security satls1aclory to Lendel'. <br /> <br />SECURITY AGREEMENT; FtNANCING STATEMENTS. The followtng provlslontl rotating to this Deed of Trust as allOCUrIty agreement _. p~ 01 <br />this Deed of Trust <br /> <br />Securtty AgretMntK1t This Instrument shall constitute II 3eCUrtty lIlJroernont to the extent any of the Property constitutes fixtures or other ptnOlUIl <br />property. and Lendel' shall have all of the rights of a secured plrty undel' the Nebraska Uniform Conmorclal Code. <br /> <br />Securtty Interul Upon request by Lender, Grantor ahall eJlecule financing /Slatements and take whatever other action is requested by Lendel' to <br />perfect and continue Lend8r'llGCurity IntorOllt In lhe Rontll and P8I1JOnlll Property. In addition to recording this Deed of Trust In the real property <br />records, Lender may, at any tlme and wllhout funher IkIthorlzatlon from Grantor, file copies or reproductions of this Deed of Trust E a financing <br />statement. Grantor sh" rolmburae Lencler lor all ollpenll88 Incurred In per1f1Cl1ng or continuing this ll8CUrIty Interest Upon default, GranIer shall <br />assemble the Pfll1iOnal Property In a mannoi' and at a piece rellllOnably convenient to Grantor and Lender and mako It available to Lender WlIhin <br />three (3) days after rnceipt of wl'lnen demand from Londer. <br /> <br />AdcIrMHa. The mailing acldrOllS 01 Grontor (doblor) and 1110 melllng cddross of Lender (S9CUred party) from which information concerning the <br />eea:rlIy lnturest granted by this Dood of Trus' rnay be oblalnod (oach as roquired by the Nebraska Uniform CorrmercIaI Code) we as staled on <br />the first PIIg9 of Ihls Deed 01 Trust <br /> <br />FURTltER ASSURANCES; ATTORNEY-IN-FACT. Tho lolloWlng provisions relating m further assurances are a part of this Deed 01 Trust <br /> <br />Further Aauranc... At any lime, and trom limo 10 lime, upon request of Lender, Grantor will make, execute and deliver, or will cause to be <br />made, exocuted or dtlIIvered, to Lender or to L€lndor'a deslgnee, and when roquested by Landei', cause to be filed, recorded, refiled, or <br />rerecorded, as the case may be, at such limos and In such onlc8tl and plllCe5 as Lender may deem appropriate, any and all such mongages, <br />deeds of trust, security deeds, security agroomonts. financing IItatements, continuation statements, Instruments or further assurance, certIficatos. <br />and other documents lIS may, In the sole opinion 01 Lender, be necessary or doslrable In order to ellectuate, ~, perIect. continue, or <br />preserve (a) the obligations of Grantor uncler tho Noto, this Dood of Trust, and the Relaled Documents, and (b) the liens and security inleies1S <br />created by lhls Deed of Trusl on the Property, whoth&r now ownod or heroahor acquired by Grantor. Unless prohibiied by law or agreed to the <br />contrary by Lender In writing, Granlor shall reimburse Lender lor all costs Ilnd expenses Incurred In connoctlon wtth the maners referred to in this <br />paragraph. <br /> <br />Altomay-ln-FacL II Grantor Ialls 10 do IIny 01 lhe Ihlngs reforred 10 In tho preceding paragraph, Lencler may do so lor and in the nllTlll 01 <br />Grantor and at Grantor's expense. For such purposes, Grantor hereby Irrevocably appoints Lender as Granlor's attorney-In-fact for the PUrpo90 <br />of making, execullng, delivering, filing, racordlng, and doing all other things as may be necessary or desirable, In Lender's sole opinion, \0 <br />accomplish the matters referred to In lhe preceding paragraph. <br /> <br />FULL PERFORMANCE. II Grantor pays all the Indebtedness when due lInd olherwise performs all the obligations If1l)Osed upon Grantor under this <br />Deed or Trust and tho Note, Lender shell execute and doIIver to Truslee a request for full mconveyance and shllll elCOCllte and deliver to Granlor <br />9ullable statements of termination of any financing statement on file evidencing Lender's securtty Inlerest in the Rents and the Personal Propetty. Any <br />reconveyance fee required by law shall be paid by Grllntor, If pemWtted by applicable law. <br /> <br />DEFAULT. Each of the following shall constitute on Event of Def6Uh under this Deed of Trust: <br /> <br />De1'eull on Indlbtedneu. Fallure of Granlor to make any pa\>'lllOnt when due on the Indobtednoss. <br /> <br />Defaun on Other Payments. FlIllure of Grantor within the time required by this Deed of Trust to mako any paymenl for taxes or IllS1.lrance, or any <br />other payment necessary 10 provent filing of or to effect discharge 01 any lien. <br /> <br />Compliance Default Failure to comply wilh any olher torm, obligation, covenant or condlUon conlalnod In this Dood of Trust. the Note or In any <br />0' lhe Related Documents. II ouch 0 lailure Is curable and" Grantor has not been given 0 notlco 01 a broach 01 tho same provtsion 01 this Oiled 01 <br />