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<br />6 Emln.nt Damlln. Lender 15 hereby assigned all compensation, awards, damages and other payments or relmf (hereinafter "Proceeds") In connection with
<br />condemnation or other laking 01 the Property or pari thereof. or tor conveyance in lieu of condemnation Lender shall beenhtled at Its option to commence. appear In and
<br />prosecute in its own name any acllon or proceedings. and shall also be entitled to make any compromise or settlement in connection with 6uch 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 Proceeds, after deducting
<br />..... therefrom all costs and expenses incurred by it in connection with such proceeds, upon any Indebtedness ~ecured hereby and in such order as Lender may determine. or to
<br />~ apply all such Proceeds. after such deduction!!!, to the restoration of the Proper1y upon such conditions as Lender may determine. Any application of Proceeds to
<br />Indebtedness shall nOt e>ttend or postpone the due date of any payments under the NOle. or cure any default thereunder or hereunder
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<br />C\I 7. P.rformlno. b, L.nd.r, In the event of Borrower's failure to perform any of the covenents herein or make any payments required hereby. or if any act is taken or
<br />~ 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
<br />Qi to or demand upon Borrower and without releasing Borrower trom any obligation. do any act which the Borrower has agreed but fails to do and may also do any other act it
<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 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
<br />the indebtedness secured hereby. Lender shall not incur any personal liability because of anything it may do or omit to do hereunder
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<br />8, ~...nla of D.'aull. The fDIIDwing shall cDnsUMe an event Df delault undar this Deed Dl 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 any pOr1ion
<br />thereof or interest therdln;
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<br />(d) There shall be tiled by or agsins1 Borrower an Bcllon 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 appointed any trustee, receiver orliquidator 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 />(eJ 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) If Borrower is not an andividual, the sale, transfer. assignment. conveyance or encumbrance of more than _~ percent of (if a corporation) its
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<br />ISSUed and outstanding stock or (If a partnership) ._ percent of partnership interests.
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<br />9. Remedlelj ..cc......tlon Upon De..ull. In the event 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 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 herem, 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 />(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 10 fhe
<br />adequacy of itS security, enler upon and take possessIOn of the Property, or any part thereof, In Its own name orin the nameof the Trustee. anddoanyactswhich
<br />it deems necessary or desirable to preserve the value. marketability or rentability of the Property, or part thereof or mteresl therein. lOcrease the mcome
<br />therefrom or protect the security hereof and. with or without taking possession of the Property. sue for or otherwise collect the rents. Issues and profils thereof.
<br />including those past due and unpaid. and apply the same. less costs and expenses of operation and collection Including attorneys' fees. upon any Indebtedness
<br />secured hereby. all in such order as Lender may determine. The entenng upon and taking JJosseSSlon of the Proper1y, the collection of such rents. issues and
<br />profits and theapplicaUon thereof as aforesaid, shall not cure or waive any default or notice of defaull hereunder or invalidate any act done in ,.esponseto such
<br />default or pursuant to such nohce of default and. notWIthstanding the continuance In possesSIon of the Property or the collec110n. receipt and application of
<br />rents. Issues or profits. Trustee or Lender shall be enlllled to exerCise every rlght prOVided for In any of the Loan Instruments or by law upon occurence of any
<br />event of default. incfudlng the right to exerCise the power of sale, and
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<br />(e) Commence an actIOn to foreclose thiS Deej 01 Trust as a mortgage, appotnt a receiver, or speCifically enforce any of the co'W'enants hereof:
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<br />No remedy herein conferred upon or reserved to Trustee or Lender IS Intended to be excluslve.:lf any other remedy herein or by law prOVided or permItted. but each shall be
<br />cumulative, shall be 10 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 luccessi'W'ely
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<br />10. Trustee, The Trustee may resign at any time wlthoul cause, and Lender ma~ at any lime and WithOut cause apPoint a successor or substltule Trustee Trustee
<br />shall not be liable for IIny loss or damage unless due to ac110nable negligence or Willful misconduct. and shall not be reQUlreL1to take any aClIon In connection With the
<br />entorcement at this Deed of Trust unless Indemnlfted. In writing. lor all COSIS, compensatIon or expenses whIch may be assoclat@d Inerewlth In addlllon, Trustee may
<br />become a purchaser at any sale ot the Property (ludlclal or under the pOWE'r ot sale granted herein), postpone the sale 01 all or any portion of the property, as prOVIded by law;
<br />or sell the Property u a whole. or m ~parate parcels or lots
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<br />11 Future Adwanc:eI. Upon request of Borrower. Lender may. allts ophon, make additIOnal and furure advances and readvances to Borrower SUCh advances and
<br />readvances. With mterest thereon, shall be ecured by thiS Deed at Trus1 AI no time shall the pnnclpal amount of 1he Indebtedness secured by thiS De<<I of Trust. not '"~
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<br />eluding lumsadvanced to protecllhe security of thiS Deed of Trust. exceed the onglOal pnnclpal amount stated flere,". or S_~~O_O_. _0_0_ _~__, wtllCh@vens
<br />greater
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<br />12, 111__._ ProwIal-.
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<br />(aJ Borrower Not A....Md. Ektenslon of the time for payment or modlflcallon of Ilmortlzalton of the sums securpd by thiS Deed or Trust gr.Jlnted by
<br />Lender to any luccnlor 10 mlerest of Borrower shall nor operate to release, In any manner. the Itablhly 01 the orlglOal Borrower and Borrower's successors In
<br />mterest. Lender shall not be reqUired to commence proceedings agamst SuCh successor or refuse to elttend lime for payment or otherWise modify ilmortlZ..ltJon
<br />of the sums secured by thiS Deed of Trust by reason of any demands made by the anginal Borrower and Borrower's successors m mteresl
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<br />(b) LencIH". Po..,.. Wllhout affecllng the liability 01 any olher person liable for 1he payment of any obllga11on herein menlloned.. and Wllhout affecting
<br />the lien or charge of this Deed of Trust upon any portion of the Property nolthen or theretofore released as secunty for the lull amount ot all unpaid obhgahons.
<br />Lender may. from time to time and Wllhout nollce II) release any person so liable. fll) extend 1he matunty or alter any at the terms of any such obligations. (Ill)
<br />grant other indulgences. (Ivl release or reconvey, Of cause to be leleased or recon'W'eyed at any lime at Lender's optIons any parcel. portion or all oftneProperty.
<br />(v) take or release any other or addltlonal SeCurlly ror an~ obllgallon herein mentioned. or (VII make compOSlllons or olher arrangements With debtors In relation
<br />thereto
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<br />(c) FOI'tNarance br L.nder Not. W.'..r. Any forbearance by Lendel In exercIsing any fight or remedy hereunder. or oftlerwlSB aftordecl by apphcabte
<br />law,shall not be a waiver 01 or preclude the ekerClse of any such ogtlt or remedy The procuremenl of IOsurance or the payment of takes or other hens,O'fCh_rges
<br />by Lender shall nol be a waiver ot Lender's ftght 10 accelera1e the maturll)/ of Ihe Indebtedness secured by thiS Deed of Trus1
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<br />(d) 8ucc:naon anCI Aaignl Bound; .Iolnt .net Se..r.l LI.bUIIy; C.ptionl, The covenants and agreemenfs herein contained shall olOd. and the ngtlts
<br />hereunder Ihall inure to. the respectIve successors and aSSigns 0' Lender Bno Borrower. subject to the prOVISions of paragraph B (el hereof All covenants and
<br />agreements of Borrower shall be jOint and &everal The captIons and helldlngs 01 Ihe paragraphs of Ihls Deed at Trust are lor convemence only and are no110 be
<br />used to interpret or define the prOVISions hereol
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<br />(e) Request.or Notice.. The parties hereby request thai a copy of an~ nollce 01 detault hereunder and a copy or any notlte of sale hereunder bern.11ed to
<br />e.ch party to thll Deed of Trust at the address set lorth above In the mannl!ol prescflbed by a;lphcable law Except for any other notice required under apphcable-
<br />I." to be Olv~n In Inother manner. any notice prOVided for In thiS Deed 01 Trust shall be gIven b'l' madlOg such notice by cerflfled mal' addressed 10 the other
<br />PJirties. at the address set forth above
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<br />Any notice prOVided for In thiS Deed of Trusl shall be deemed 10 have been gIVen to Borrower or Lender when gIven m the manner deSignated herem
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<br />If) InapecUon. Lender may make or cause to be mSd. reasonable entnes upon and Inspections 01 the Property, prOVided that Lender staa'lliJ've Borrower
<br />nottCe ~)rIor to any such Inspection specifying reasonable cause therefor related to Lender's Interes1 In the Property
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<br />(gJ RoconnJ8I'CII. Upon payment of all sums secured by thiS Deed 01 Trusl, Lender shell request Trustee to reconveylhe Property and shall SU'fT1!JnOer
<br />t,,11 Deed of Trult and III notes evidenCing indebtedness lHtcured bV thiS Deed 01 Trust to Trus1ee Trustee shall reconvey the Property Without warranty and
<br />wllhout chargle to the person or perlonllegally entitled thereto Such person or pmsons shllll pay all cost[ Ilf recordlhon. I' any
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<br />(hI ,...... PrGpI1'tJ. SecurtIJ Agreement. AI additional security for the paymenl of the Note all flxlLlres. equipment. and other personal proper1y used
<br />In connection WIth the real estate or improvementllocated thereon. and not otherwise declared or deemed 10 be a part ollhe real estate secured hereby. 'Shan be
<br />lubtect to alKurity interest In favor of the Lender undrr the Nebraska Unjform Commercial Code ThIS Instrumqnt shall be construed as a SKunty A.greemenl
<br />unar uld Code. and f"" Lender Ihall have all the rights and remediel Dr a secured party under said Code In addltlon to the nghts and remedIes created under
<br />Ind .ccorded the Lender purluant to this Deed at Trult
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<br />(i) ............. In tt.e evenlIhllany prOVIsion of thiS Deed of Trul1 contlle1 With appllcBble IlIw or are declared Invalid or otherWise unenforceable. such
<br />contllct or invalidity shall not ."ect the ather provllions 01 thiS Deed 01 Trust or the Note which can be given efleCllNllhOul theconftlctlng prOVISion. and tothls
<br />end the provilionl of the Deed of Trult and the NOle are declored to be severable
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<br />BorrD_' h.. e'lICuled lhl. Deed Df TruI' 'he dale wrlflen abDve _~
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<br />(R'ck', ~t;i~[ti:;~c1;;:";il
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<br />(Rick's Lawn Care, Inc., p~ A. 'Johnson, S~retary)
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