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I co co 6 Eminent DamBln. Lender IS hereby aS5Ig~'ed all compensation. awards. damages and ot~er payments or rellcf (hereinafter "Proceeds") In connection with condemnation or othertBking of the Property or pari thereot, or for conveyance In lieu of condemnation. Lender shall be entitled at Its c..p1ion to commence. appear In and prosecute in its own name any action or proceedings. and shall also be entitled to make any compromise or settlement In connection with such taking or damage In the W event IIny portion of the Property is so taken or damaged. Lender shall have the option. In Its sole and absolute discretion. to apply all such Proceeds. after deducting .,..., therefrom all costs and expenseR Incurred by it in connection with such proceeds, upon any ,"debtf.ldnes~ secured hereby and in such order as Lender may determine, orto ....... apply all luch Proceeds, after such deductions. to the restoration 01 the Property upon such conditions as Lender may determine.. Any application of Proceeds to \III 'C Indebtedness shall not extend or postpone the due date 0' any payments under the Note, or cure any default tflereunder or hereunder ~ 1 Perfamwnceby L.nder.ln theavent of Borrower's failure to perform any of the covenents herein or make any payments required hereby, or jf any act is taken or o legal proceeding commenced which materially affects Lender's interest In the Property, Lender may in its own discretion, but without obligation to do so, and without notice --' to Dr demalld upon Borrower Bnd without releasing Borrower lrom any obligation, do any act which the Borrower has agreed but falls to 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 alt costs and expenses incurred and sums expended by Lender In connection with the exercise by Lender of the foregoing rights, 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 it may do or omit to do hereunder. B. Enn" af OeI.ulL The following shall constitute an event at default under this Deed 01 Trust: (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 indebtednesso' Borrower to Lender: (b) A breach 01 or default under any prOVision contained In the Note, thiS Deed 01 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 thereot or interest therein; (d) There shalt be filed by or against Borrower an action under any present or future federal, state or other statute, law or regulation relating to bankruptcy,ln::s;olvency arother relief for debtors; or there shall be appointed any trustee, receiver or liquidator of Borrower or of all or any part or the Property. or the rents, issues or profits thereof, or Borrower shall make any general assig"ment for the benefl1 of creditors (e) The sale, transfer, assignment. conveyance or further encumbrance of all or any par1 of or any interest in the Property, either voluntarily or involuntarily, WIthout the express written consent of Lender (f) If Borrower is not an individual. the sale, trans1er, assignment, conveyance or encumbrance of more than - percent of (If a corporation~ its issued and outstanding stock or lIt a partnership) _ percent of par1nershlp Interests. 9. Remedlni A:celer.tlon Upon De'.ull. In the event at any Event 01 Default Lender may declare all Indebtedness 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 granted herein, and Trustee shall thereafter cause Borrower's interest In the Propeny to be sold and the proceeds to be distributed, all In the manner provided In the Nebraska Trust Deeds Act; (h) Either In person or by agenl. with or without bringing any action or proceeding, or by a receiver appointed by a court and Without regard 10 the adequacy of its security, enter upon and take possessIOn of the Property, or any part thereof, in 11s own name or In the name of the Trustee. and do any acts which it deems necessary or desirable to prel'lerve the value, marketability or rentabilIty of the Property, or part thereof or Interest therem, Increase the income therefrom or protect the security hereof and, With or without taking possession of the Proper1y, sue tor or otherwise collect the rents, ISSUes and profits thereof, includinglhose past due and unpaid, and apply the same. less costs and expenses of operation and collection including attorneys' fees. upon any Indebtedness secured hereby, all In such order as Lender may determme The enteflng upon and takmg possession of the Property. the collection 01 such rents. issues and profits and the application thereof as aforesaid, shall not cure or waive any default or notice 01 de1ault hereunder or Invalidate any act done In response to such default or pursuant to such notice of default and. notwithstandrng the contmuance tn possession of the Property or the collectIon. receipt and application 01 rents, issues or profits. Trustee or Lender shall be entitled to exercise every fight prOVided for In any of the Loan Instruments or by law upon occurence 01 any event of default, including the fight to exercise the power ot sale~ and (c) Commence an seilon to foreclose thiS Deed of Trust as a mortgage. appoint a receiver. or speCIfically enforce any 01 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 herealler eltlstrng at law or In equity or by statute. and may be exercised concuJTently. independently or successively 10. Trus.... The Trustee may resign at any time Without cause. and.Lender may at any time and without cause apPolnl a successor or subSlItute Trustee. Trustee shall not be liable for any loss or damage unless due 10 actionable negligence or Willful mIsconduct. and shall not be reqUIred to take anV achon tn connectIon with the enforcement of thiS Deed of Trust unless Indemnified. In wfltmg, for all costs, compensatIOn or expenses which may be assOCiated therewith In addllron, Trustee may become a purchaser at8ny sale of the Property (judiCial or under the power of sale granted here,n). postpone the sale 01 all or any portIon of the property. as prOVided by law; or 3811 the Property as a whole. or in separnte parcels or 101s 11 Future Adwan~. Upon request of Borrower. Lender may. at Its option, make additIOnal and luture advances and readvances to Borrower Such advances and readvances, with interes' thereon. shall be B8cured by thiS Deed at Trust At no time shall the pnnclpal amount 01 the Indebtedness secured bY' thIS Deed of Trust. not in- cluding Bums advanced to protect the securitY' of thiS Deed 01 Trust, exceed the oflglOal pnnclpal amount stated herem. or S - 4..5....-flOO-no_~- - - - . whlche\fer IS greater 12. __._ Pro.I.I...... ta) Barrower Not A....IMCI. ExtenSIon of the tIme lor payment or modification of amortization of the sums secured by InIS Deed 01 Trust granted by Lender to any successor 10 mtereat of Borrower shall not operate to release, In anY' manner. the liability of the onglOal Borrower and Borrower's successors in interest, Lender shall not be reqUired to commence procefldmgs against such successor or reluse to extend time for payment or otherWise modlly arnonizatlOn of the sums secured by this Deed of Trus1 bY' rBason of any demands made by the onglnsl Borrower and Borrower's successors In IOterest (b) LenCllr'.PD..n. Without aflectlng the liability 01 Bny o1her person liable for the payment of any obligation herem mentloned, and WIthout affectmg the lien or charge 0' this Deed at Trust upon any portion of the PropertY' not then or theretofore released as secufltv lOf 'he lull amou"' 01 aU unpaid obligations. Lender may, Irom lime to time and without notice (II release anY' person so liable. Ill) extend the matuflty or alter anY' at the terms of any such obligations, (1111 grant other mdulgences, (iv) release Dr reconvey, or CB"'Je to be released Dr reconveyod at any time at Lender's optIOns any parcel. portIon or all of IhePropeny. (v) take or release any other or sdditlonal secuflty tor anY' obligation herein mentioned. or Iv') make compoSitions or other arrangements with deblorsm relatIOn thereto Ie) Farbe.ranee by Lender Not. W.lv.r, Any forbearance by Lender In ekerCISlng any fight or remedy hereunder. or otherwise afforded by applicable law. shall not be a waiver alar preclude the exercise 01 any such fight or remedy The procurement of Insurance or the paymen1 at taxes or other hens orc!larges by Lender shall not be 8 waiver of l.ender's fight to accelerate the matuflty at the Indebtedness secured by 1hls Deed at Trust (d) Succeuo... .nd AlalllftS Baund; Joint .nd 6.".r.1 Lt.blllly; C.ptiona. The covenants and agreements herem contained shall bind, and the nghts hereunder shslllnure to, the respective successors and assIgns of Lender Bnd Borrower. sublec1 to the prOVISIons 01 paragraph 8 leI hereot All covenants and agreements of Borrower shall be Joint and several The cap110ns and headings at the paragraphs at thiS Deed at Trust are lor convenience only and 8re not to1>e used to Interpret or define the proviSions hereof Ie) Reel'" lor Notlca. The parties hereby requesllhal a COp V 01 any notice 01 delaull hereunder and a copy 01 anv notice 01 sale hereunder be mailed to each party to this Deed 01 Trust at the address set fortl1abovo In the manner prescrtbed by applicable law Except tor any other nollce reqUired under applicable law to be gIVen in another manner, anY' nollce provldod lor In Ihls ODed 01 Trust snail be given by maIling such notIce by certified mall addressed to the other parties, at the address set forth aboll's Any notice provided for In thiS Deed of Trust 9hall be deemed to have been given to Borrower or Lender when given In the manner deSignated herem (I) Inlpeellon. Lender may make or cause to be made reasonable entries upon and inspections of the Property. provided that Lender shall gIve Borrower notice prior to anv such inlpecllon specifying reasonable CRUSB therelor related to Lender's interest in the Property (g) A.connvance. Upon payment 01 all sums secured by thIS Deed of Trust, Lender shall request Trustee to reconvey the Property and shall surrender thll Deed of Trus~ and all notes evldencmg Indebtedness secured by 1hls Deed 01 Trust1a Trustee Trustee shall reconvey the Property without warran1y Bnd without charge to the person or persons legally entitled thereto Such person or persons shall pay 811 costs at recordation. It any (h) PeraoMl Proper."SecurtlW AII....men.. As additional security lor the payment 01 the Note sll flle'ures. equipment. and other personal property useO in connection with the real 81tate or Improvements 10CBted thereon, and not otherWIse declared or deemed 1a be a part of the real es1ate secured hereby. shall be subject 10 aSBcurity interelt in lavor 01 the Lender undrr the Nebraska Uniform CommerCial Code ThiS IOstrUmqnt shall be construed as 8 Security Agreement under laid Code. end 1hs Lender .hall have all the rights and remedIes of a secured party under said Code In addlhon to the nghts Rnd remedies created under Bnd accorded the Lender purauantto thlB Deed of Trust (I) MwrebUItr. In the event Ih.lany prOVISion at 1hls Deeel of Trust confllcl With applicable Isw or are declared tnvalld Of' otherWise unenforceable, such conflict or In".liditYlh.11 not IIlfect the other prOVISions 01 this Deed 01 TruS1 or Ihe Note which can be glvon ellact wlthout the conlllctlng prOVISIon. and to thiS end the provisiOns o11h~ Deed 01 Trust and the Note ar& declared to be Beverable Borrower he. executed this Deed at Trult Ihe date written above , A Single Person} Borrowe.