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<br />6. Eminent Dom.ln. Lender is hereby assigned all compensation, awards. damages and other payments or relief (hereinsrter "Proceeds"lln connection with
<br />condemnation or other taking of the Property or part thereol, or for conveyance in lieu of condemnation. Lendershall be entitled at its option to commence, appear In and
<br />prosecute In its own name Bny aclian or proceedings. and shall also be entitled to make any compromise or settlement In connection with such taking or damage. In the
<br />event any portion of the Property Is so taken or damaged. Lender shall have the option. In Its sole and absolute discretion, to apply all such Proceed!. after deducting
<br />theretrom all costs and expenses Incurred byU In connection with such proceeds. upon any indebtedness secured hereby and In such order as LendermBydetermlne'~ orto
<br />apply all such Proceeds, after such deductions. to the restoration of the Property upon such conditions as Lender may determine. Any appllcaUon of Proceeds to
<br />indebtedness shall nol extend or postpone the due dale of any payments under the Note, or cure any default thereunder or hereunder.
<br />
<br />7. ,.rtormance bV L.nder.ln the event of Borrower's failure to perform any of the covenents herein or maka any payments required hereby. or if any sc,t Is taken.or
<br />legal proceeding commenced which meteriBlly B"ecls LendB~s inlerest in the PropBrty. Lender mBY in lis own discretion, but wlthoul abligBUon to do so. and ",lIhoUl noUce
<br />to or demand upon Borrowerand without releasing Borrowerfrom any obligation. do any act which the Borrower has agreed but falls to do and mayalso doanyotheraclJt
<br />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
<br />expended by Lenderln connection with the exercise by Lender of the foregoing rights, together with Interest thereon atthe rate provided inthe Note. which shall be added to
<br />lhe indeblednesa secured hereby, Lender shBII not Incur Bny personBIUablllly because 01 anything It mBY do or omit 10 do hareunder,
<br />
<br />8, Eventl 01 D"'"ull. The fOllowing shBII consUtute an e.ent of default under this Deed of Trust:
<br />
<br />(a) Failure to pay any Installment of principal or Interest or any other sum secured hereby when due. or failure to paywhe,n due Dny Dtherindeb~Bdnd6sof
<br />Borrower to Lender; .
<br />
<br />(b) A bruach of or default under any provislDn contained in the Note, this Deed Df Trust. any document which secures the Note, and any other
<br />encumbrance upon the Property;
<br />
<br />(e) A writ of execution or.attachment or any similar process shall be entered against Borrowerwhlch shall become a lien on the Property or any portion
<br />thereof or interest therein:
<br />
<br />(d) There shall be flied by or against Borrower an action under any.present or future federal. state or other statute. law or regulation relating to
<br />bankruptcy, Insolvency or other relief for debtors; or there shall be appolnt~d any trustee. receiver or liquidator of Borrower orof all orany part oftha Properly,or
<br />the rents, issues or profits thereof. or Borrower shall make any general assignment for the benefit of creditors.
<br />
<br />(e) The sale, transfer. assignment, conveyance or further encumbrance of all or any part of or Bny interestl.n the Property. either voluntarily or
<br />involuntarily. without the express written consent of Lender.
<br />
<br />(f) If Borrower is not an individual, the sale, transfer, assignment. conveyance or encumbrance of more than ~ percent of (if a corporation) its
<br />
<br />Il!Sued and outstanding stock or (if a partnership) ___ percent of partnership interests.
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<br />9. Remedle'j Acceleration Upon Default. In the event of any Event ot Default Lender may declare all indebtedness secured hereby to be due and payable arid the
<br />same shall thereupon became due and payable withQut any presentment, demand, protest or notice of any kind. Thereafter Lender may:
<br />
<br />(a) Demand that Trustee exercise the FOWER OF SALE granted herein. and Trustee shall thereattercause Borrower's interest in the Property to be sold
<br />and the proceeds to be distributed. all in the manner provided in the Nebraska Trust Deeds Act;
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<br />(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
<br />adequacy of its security, enter upon and take posseSSIon ot the Property. or any part thereol, in its own name or in the name of the Trustee, and doany acts which
<br />it deoms necessary or desirable to pre!iervo the value. markelabllny or rentability of the Property. or part thereof or interest therein. Increase the Income
<br />therefrom or protecl the security hereof and. with or WI'hout laking possession of Ihe Property, 5ue for or otherwise collect the rents, Issues and profits thereot,
<br />including those past due and unpaid. and apply the 58me.less costs and eKpenses of operation and collection including attorneys. tees. upon any indebtedness
<br />secured hereby, all in such order as Lender may determine The enlerlng upon and takmg possession of the Property, the collection of such rents. issues and
<br />prolltsand the application thereof a5 aforesaid. shall nol cure or waive any detault or notice of default hereunder or Invalid ale any act done In response to such
<br />default or pursuant to such notice or defaul1 and. notWithstanding the continuance In possession of the Property or the collection, receipl and application of
<br />rents. issues or profits. Trustee or Lender shall be cntilled 10 "KerClse every right provided far In any of the Loan Instruments or by law upon occurence of any
<br />event of default. including the right to exercise the power 01 sBle. and
<br />
<br />(c~ Commence an action to foreclose thiS Deed at Trust ftS a morlgage. appomt a receiver. or specifically enforce any of the covenants hereof:
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<br />No remedy herein conferrel:S upon or reserved to Trustee or Lender IS mlended to be exclUSive of any other relT'edy herem or by law provided or permitted. but each shall be
<br />cumulative. shall be in addition to every other remedy given hereunder or now or hereafter eXlsling at law or in eqUity or by statute. and may be exerCised concurrentty.
<br />independently Dr successively.
<br />
<br />10. Truatee. The Trustee may resign at any time Without cause and lender may al any lime and Without cause appoint a successor or substItute Trustee. Trustee
<br />shall not be liable for any loss or damage unless due to actionable negligence or Willful mIsconduct. Elind shall nol be reqUired 10 lake any action in connection with the
<br />enforcement of this Deed of Trust unless mdemnlfied. 10 wrlllng. lor all costs. compensation or eKpenses which may be associated therewith. In addition. Trustee may
<br />become. purchaser at any sale of the Property (judiCial or under the pDwer 01 sale gran led herein). postpone the sale of all or any portion of the property. as provided bylaw;
<br />or sell the Property as a whole. or in separate parcels or lots
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<br />11. FutureAdwancea. Upon request of Borrower. Lender may. at lis option. make additional and tuture advances and readvances to Borrower Such advances and
<br />readvances. with interest thereon, shall be secured by thiS Deed at Trust At no time Shall the prmcipal amount ot the mdebtedness secured by this Deed 01 Trust. not in-
<br />
<br />cluding sums advanced to protect the security of thiS Deed of Trust. exceed the original prinCIpal amount stated hereIn. or S . whIchever IS
<br />greater.
<br />
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<br />(I) Borrower Not AeIHud. ElItenSlOn of the lime tor payment or modlflcation of amorllzahon of the sums secured by this Deed of Trust granted by
<br />Lender to any successor In interest of Borrower shall nol operate to release. In any manner. the liabIlity at 1he orlglOal Borrower and Borrower's succesSOf5 in
<br />Interest. Lender shall not berequired to commence proceedings against such successor or refuse 10 exlend tIme for payment or otherwise modify amortization
<br />ot the sums secured by this Deed of Trust by reason of any demands made by the original Borrower Bnd Borrowers successors in interest_
<br />
<br />(b) LendefIPowers. Without affecting the liability of any other person liable forthe payment of any obllgatio~ herein mentioned. and without affecting
<br />the lien or charge of this Deed of Trust upon any portion of the Propeny nol then ortherelofore released as security for thetullamount of all unpaid obligations.
<br />Lender may. from time to lime and without notIce (i) release any person so liable. (II) eKtend the maturity or aller any 01 the terms of any such obligations. (Ui)
<br />granlother indulgences. (iv) release or reconvey. or cause to be released or reconveyed a1 any lime al Lenders oplions any parcel. portion or all of theProperty.
<br />(v) take OHltlease any otheroradditiooal security tor any obligatIon herem mentIoned. or IVII make compoSl110ns or other arrangements with debtors in relation
<br />thereto.
<br />
<br />(c) FOI't>>earancaby IAnderNol.WaInr. Any forbearance by Lender In eJlercIsmg any fight or remedy hereunder. or otherwiseaftorded by applicable
<br />law. shall notbea walllerof or preclude the exercise of any such fight or remedy The procurement of IOsurance or the payment of taKes or other hens or charges
<br />by Lender shall not be a waiver of Lender's right to accelerate the maturity of the Indebtedness secured by thiS Deed of Trust
<br />
<br />(d) SUccnIon and Aatgna Bounct, JDInI and 58.... Li8bRiIJi Caption., The covenants and agreements herein contained shall bind. and the rights
<br />hereunder shall inure to, the respective successors and assigns ot Lender and Borrower, SUbJBCllO Ihe prOVISIons of paragraph B (e) hereot. All covenants and
<br />I;reemenllo' Borrowetshall be jointBnd several. The captions and headings of the paragraphs of this Deed 01 Trust are for convenience oolyand are not tobe
<br />used 10 interpret or define the provisions hereot.
<br />
<br />(e~ RllqunllorNotIcn. The parties hereby requestlhat a copy of any notice of default hereunder and acopy of any notice 01 sale hereundertmmailedtc
<br />each party to this Deed ofTTust at the addressseltonh above in the manner prescribed by applicable law. Except for any other notice required under applicable
<br />law to be gIven in another manner. any notice prOVided for in this Deed of Trust shall be given by mailing such notice by certIfied mall addressed to the other
<br />parties, at the address set forth above.
<br />
<br />Any notice provided for in thiS Deed of Trust shall be deemed to have been given to Borrower or Lender when glyen in the manner designated herein.
<br />
<br />(f) I~ Lender may make or cause to be made reasonable entries upon and inspections of the Property. provided thatlendershall giltO Bonower
<br />nota prior to any such inspection specitying reasonable cauSe therefor related 10 lender's interest in the Property
<br />
<br />(iii) Reconft,..ca. Upon payment of all sums secured by this Deed of Trust. Lender shall request Trustee to reconvey the Property and shall surrender
<br />this Deed of Trust and all notes evidencing indebtedness secured by this Deed of Trust 10 Trustee Trustee shall reconvey the Property without warranty and
<br />without charge to the person or persons legally entitled thereto. Such person or persons shall pay all costs 01 recordallon. It any
<br />
<br />(h) Peraon8I PnIpertJ.Securttr Agreement. Asadditional security torthe payment of the Note-all fixtures. equipment, and other personal propeny used
<br />in connection with the:real estate or improvements located Ihereon, and not olherwisedeclared or deemed to be a pan at the mal estate secured hereby. shan be
<br />..,bject toa 88Curityinterest1nfl!lyor of the 'Lender undt'rthe Nebras.... Uniform Commercial Code This Instrum"nt shall be construed as II Security Agreemenl
<br />onder said Code. and the Lender shall have all the rights and remedies Dt a secured pany under saId Code in addition 10 the rights and remedies created under
<br />and accorded !he Lender pursuant to this Deed of Trust.
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<br />(i) .........,. In the event that any provision of this Deed of contlict with app Ie law or are declared invalid orotherwlst'l unentorceable. such
<br />conflict Dr invalidity shall not affect the other provisions of1his or Trust orthe Notewhich ca
<br />end 'the provisions of the Deed 0' Trust and the Note are dec d 10 be severable.
<br />
<br />Borrower has eaecuted thil Deed of 'rrust the dale wnt'len abov
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