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<br />6 Eminent Domlln. lende' IS hereby assigned all compensation. awards, damages Bnd other payments or relief (hereinafter "Proceeds") in connection with
<br />condemnation or other taking of the Property or part thereof, or for conveyance in lieu 01 condemnallon. Lender shall be entitled at Its option to commence, appear In and
<br />prosecute In Its own name any action or proc'Jedlngs, snd 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 laken or damaged, Lender shall have the option. in Its sole and absolute discretion, to apply all such Proceeds. alter deducting
<br />therefrom all costs Bnd expenses Incurred by It in connection with such proceeds. upon any Indebtedness secured hereby and in Buch order as Lendermay determine, orto
<br />apply all such Proceeds, afler such deductions, to the restoraUon of the Property upon such conditions as Lender may determine. Any appllcaUon of Proceeds to
<br />indebtedne31 shall not extend or postpone the due date of any payments under the Note, or cure any default thereunder or her9under.
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<br />7. Perfonnance by Lender. In theevent of Borrower's failure to perform sny of the covenents herein or make any pay men Is required hereby. or It any aells taken or
<br />legal proceeding commenced which materially affects Lender's Intereslln the Property. Lender may In Its own discretion, but without obligation to do so, and without noUce
<br />to or demand upon Borrower and without releasing Borrower from any obligation. do any act which the Borrower has agreed but falls to doand may alsodo any other act it
<br />deems nectl!ssary to protect the security hereof. Borrower shall, Immediately upon demand therefor by Lender, pay to Lender all costs and expenses incurred and Bums
<br />expended bylender In connecllon With thee.ercl.e by lender of the foregoing right.. together with Interest thereon et the rete proylded In the Note, whlct,.helt beadded to
<br />the Indebtedness, seoured horeby. Lender shall not incur any personal liability because of anything it may do or omit to do hereunder.
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<br />8. EMn" of Default. The following shall constitute an event of default under this Deed of Trust:
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<br />(a) Failure to 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
<br />Borrower to Lender.
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<br />(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
<br />encumbrance upon the Property;
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<br />(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 eny portion
<br />thereof or Interest therein:
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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 statuto, law or regulation relating to
<br />bankruptcy, Insolvency or other relief for debtors; or there shall bo appointed any trustee, receiver or liquidator of Borrower or of all or any part of the Property. or
<br />the rents, Issues or profits thereof, or Borrower shall make any general assignment for the benefit of creditors.
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<br />(e) The sale, transfer, assignment, conveyance or further encumbrance of all or any part of or any interest in the Property, either voluntarily or
<br />Involuntarily. without the express written consent of Lender.
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<br />(I) It Borrower is not an individual, the sale, transfer, assignment, conveyance or encumbrance 01 more than ------:.... percent of (if a corporation) Its
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<br />Issued and outstanding slock or (If a partnership) _ percent of partnership interests
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<br />9. Remedin; Accelerallon Upon Def.ulL In the event of any Event of Default Lender may declare alllndebledness secured hereby to be due and payable and the
<br />seme shall thereupon become due and payable without any presentment, demand, protest or notice of any kind. Thereafter Lender may:
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<br />(a) 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 the Nebraska Trust Deeds Act,
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<br />(tJ) Either In person or by agent, with or without bringing any action or proceeding, or by B receiver appointed by a court and without regard to the
<br />adeq~acy of Its security, enter upon and take possession of the Property, or any part Ihereol, in its own name or in the name of the Trustee, anddo any 8ctswhlch
<br />it deems necessary or desirable to pre~erve the value, marketability or rentability of the Property. or pari thereof or interest therein. Increase the income
<br />therefrom or protect the security hereof and, with or without taking possession 01 the Property. sue for or otherwise colfect the rents. issues and profits thereof.
<br />Including those past due and unpaid, and apply the same, less costs and expenses 01 operation and collection including attorneys' fees, upon any indebtedness
<br />secured hereby, all In such order as Lender may determine. The entering upon and taking possession 01 the Properly, the collection of such rents. Issues and
<br />profits snd the application thereof'as aforesaid, shall not cure or waive any default or nolice 01 default hereunder or invelidate any act done in response to such
<br />default or pursuant to such notice of default and, notwithstanding the continuance in possession 01 the Property or the collection. receipt and application of
<br />rents. Issues or profits, Tru~tee or Lender. shall be entitled to exercise every right provided for In any of the Loan Instruments or by law upon occurence at any
<br />event of default, including the right to exercise the power of sale; and
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<br />(e) Commence an action to foreclose this Deed of Trust as a mortgage. appoint a receiver. or speCifically enforce any of the covenants hereof;
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<br />No remedy herein conferred upon or reserved to Trustee or Lender is intended to be excluSive of any other remedy 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 existing at law or in eqUity or by statute, and may be exercised concurrently,
<br />independently or successively.
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<br />10. TrultH. The Trustee may resign at any time without cause. and Lonper may a1 any time and without cause appoint a successor or subslltute Trustee. Trustee
<br />shall no. be liable for any loss or damage unless due to actionable negligence or willful misconduct. and shall not be required to take any action in connection with the
<br />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
<br />become a purchaserst any sale of the Property (judicial or under the power of sale granted horBIn): postpone the sale 0' 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 />t 1. Future Adwance.. Upon request of Borrower. Lender may. at its option. make addlllonal and fu1ure advances and readvsnces to Borrower SuCh advances and
<br />readvances, with interest thereon, shall be secured by this Deed of Trust. At no time shall1hc principal amount of the Indebtedness secured by thiS Deed of Trusl. not in-
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<br />cluding sums advanced to protect the security of this Deed of Trust. exceed the original principal amount stated herein, or $ ,whichever is
<br />greater.
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<br />12,
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<br />Mlecelllneoul Prevlllen..
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<br />(a) Bono.., Not Alle.led. Extension of the time for payment or modification of amortization of 1he sums secured by this Deed 01 Trust granted by
<br />Lender to any succellsor in interest ot Borrower shall not operate to release. In any manner. the liability of the original Borrower and Borrower's successors In
<br />Inlerest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization
<br />of the sums secured by this Deed of Trust by reeson of any demands made by the original Borrower and Borrower's successors In interest.
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<br />(b) Lena", Powen. Without affecting the liability 01 any other person liable for the payment of any obligation herein mentioned, and without affecting
<br />the lien or charge of this Deed of Trust upon any portion of the Property not then or theretofore released as securily for the full amount of all unpaid obligations.
<br />Lender may, from lime to time and without notice (i) release any person so liable. (i1) extend 1he maturity or aller any 0' 1he terms ot Bny such obligations, (ill)
<br />grant other indulgences, (Iv) release or reconvey. or cause to be released or reconveyed al any time al Lender's options any parcel. por1ion or all of the Property.
<br />tv) take or rele88e any other or additional security for any obligation herein mentioned. or (vi) make compOSitions or other arrangements with debtors in relation
<br />Ihereto.
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<br />(c) Forbearance by Lend.r Not. Waiver. Any forbearance by Lender tn exercising any right or remedy hereunder. or otherwise afforded by applicable
<br />law. shall not be a waiver of or preclude the exercise of any such right or remedy. The procurement of msurance orlhe payment at taxes or other liens or charges
<br />by Lender shall nol be a waiver at Lender's right to accelerate the maturity of the indebtedness secured by thiS Deed of Trust.
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<br />(d) Succ."OJl and AsIlgnl Bound; Joint .nd Sever.. Liability; C.pllanl. The covenants and agreements herein contained shall bind. and the nghts
<br />hereunder shall Inure to, the respective successors and assigns 01 Lender and Borrower. subject to the prOVisions 01 paragraph 8 (e) hereof. An covenants and
<br />agreements of Borrowershall be joint and several. ThecBptlons and headings at the paragraphs of thiS Deed of Trust are for convenience only andare nolto be
<br />used to Interpret or define the provisions herool.
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<br />(e) Req......orNoUceL The parties hereby request that B copy of any notice of delault hereundor and a copy 01 any notice ofsa10 hereunder be mailed to
<br />each party to this Deed of Trust et the address set forth 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 />pertle.. el the eddre.. .elforth aboye,
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<br />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.
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<br />(t) InlpecUon. Lender may make orcause to be made reasonable entries upon and Inspections of Ihe Property. provided tha1 Lendershall give Borrower
<br />notice prior to any such Inspection speCifying reasonable cause therefor related to Lender's interest In Ihe Property.
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<br />(0) Recollft,ance. Upon paymenl ot all sums secured by this Deed of Trust. Lendar shall request Trustee to raconvey the Property and shall surrender
<br />this Deed of TrUI' and all notes e...ldenclng indebtadness secured by this Deed of Trust to Trustee. Trustee shall reconvey the Property without warranty and
<br />without chlrg. to the person or persons legelly entitled thereto. Such person or persons shall pay all costs of recordation, If any.
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<br />(h) 'Ireonal Property, SICUrlty Agrnment. As additional security for the payment 01 the Nots DUII.tures. eQUlpmnnl. and other personal properly used
<br />In connection with the real eatate or Improvements located thereon, and not otherwise declared or deemed to be a part of the real eslate secured hereby. shall be
<br />lubject to II security Interslt In favor of tho Lender undpr the Nebraska Uniform Commercial Code. This Instrumqnt shall be construed BS a Security Agreement
<br />under Hid Code, and Ihe Lender shaft havs all the rights and remedlss of 8 secured party under said Code In addition to the rights and remedies created'under
<br />and accorded the Lender pursuant to this Deed of Trust.
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<br />(i) ~. In the event that any provision of this Deed of Trust contllct with appliceble law or are declared invalid or otherwise unenforceable, such
<br />conflict or Invllidlty Ihall not affect Ihe other provisions of this Deed of Trust or the Note which can be given effect wlthoul the conflicting provision, and to this
<br />end the provlllonl of the Deed of Trust and the Note are declared 10 be severable.
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<br />Borrower ha. elut~uled this Deed 01 Trusllhe date written above.
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<br />;:/!ct~ _ ~d 4------~-~~----~
<br />M' dred A~ sche8rNWM
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<br />Borrower
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