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<br />6 Emln.nt Dom.ln. Lender 19 hereby assigned all compensation, awards. damages and other payments or rellel (hereinafter "Proceeds") In connectlon with
<br />condemnation or other taking 0' the Proper1y or part thereaf, or for conveyance In lieu of condemnation. Lender shall beenttlled at lis option to commence, appear In and
<br />prosecute In its own name any action or proceedings, and shall also be enlltled to make any compromise or settlement In connection with such takmg or damage. In the
<br />evenl any portion of the Property is so taken or damaged. Lender shall have the option. In lis sole and absolute discretion. 10 apply all such Proceeds. aHor deductmg
<br />lherefrom all costs and 8lCpenses Incurred by it in connection with such proceeds, upon any indebtedness secured hereby and in such order as Lender may determine, or to
<br />apply all such Proceeds, after such deductions, to the restoration of the Properly upon such conditions as Lender may determine. Any application of Proceeds to
<br />mdebtedness shall not extend or pos1polie the due date ot any payments under the Nole, or cure any default thereunder or hereunder.
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<br />7. Performance bV Lend.r. In the event 01 Borrower's rallure to perform any of the covenents herein or make any payments required hereby, or if any acl 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 todo so, and without notice
<br />to or demand upon Borrower and without releasing Borrower from any obligation, do any act which the BDrrower has agreed but fails tD do and may also do any other act It
<br />deems necessary to protecttha security hereof, Borrower shall, immediately upon demand therefor by Lender, pay to Lender all costs and expenses incurred and sums
<br />axpendedby 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. Ewntl of O.f.ult. The following shall constitute an event of default under this Deed of Trust:
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<br />(a} Failure to pay any Installment 01 principal or interest or any olher sum secured hereby when dUB, 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. Rny 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 Borrowerwhich shall become a lien on the Property or any portion
<br />thereof or interest therein;
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<br />(d) There shall be filed by or against Borrower an action under any present or future federal. state or 01her statute, law or regulation relating to
<br />bankruptcy, insolvency or other relief for debtors: or there shall be 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 assignmen1 for the benefit of creditors.
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<br />(e) The sale. transfer, assignment. conveyance or further encumbrance 01 all or any part of or any Interest in the Property, either voluntarily or
<br />involuntarily, withou1 the express written consent of Lender.
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<br />(f) If Borrower is not an individual, the sale, transfer, assignment. conveyance or encumbrance of more than _ percent of (It a corporation) its
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<br />issued and outstanding stock or (if a partnership) _ percent 01 partnership Interests
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<br />9. R.medtea; Acceler.Uon Upon Default. 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 />(8) Demand that Trustee exercise the POWER OF SALE granted herein, and Trustee shalllhereaftercause 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 />(bt Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appomted by a court and without regard to the
<br />adequacy of its security, enter upon and take possession of the Property, or any part thereof. in Its own name or In the name of the Trustee. and do any acts which
<br />it deems necessary or deSirable to prenerve the value, marketability or rentability 01 the Property, or part thereof or Interest therein. increase the income
<br />~hererram or protect the security hereof and, with or without taking possession of the Property. sue lor or otherwlso collect the rents. Issues and profits thereof,
<br />including those past due and unpaid, and apply the same, less costs and expenses of operation and collection Including al1orneys' fees. upon any indebtedness
<br />secured hereby, all in such order as Lender may determine. The entering upon and laking possession 01 the Property. the collectIOn of such rents, issues and
<br />profits and the application thereof as aforesaid, shall not cure or waive any default or notIce of default hereunder or Invalidate any act done in respansetosuch
<br />default or pursuant 10 such notice of default and, notwithstanding the contInuance In possession of the Property or the collection, receipt and application of
<br />rents, issues or profils. Trustee or Lender shall be entitled to eKerCIse every right prOVided lor In any olthe Loan Instruments or by law upon occurence 01 any
<br />event of default. Including the right to exercise the power of sale, and
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<br />(c) Commence an aCli?n to foreclose this Deed of Trust as a mortgage. appoint a receiver, or speclllcally 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 eKcluslve 01 any other remedy herein 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 allaw Dr In equity or by statute, and may be exercised concurren1ly.
<br />independenlly or successively
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<br />10. Tru.I... The Trustee may resign at any lime without cause, Rnd Lender may at any lime and Without cause appoint a successor or substitute Trustee Trustee
<br />shalt not 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 wllh the
<br />enforcement ot this Deed of Trusl unless IndemOlfied. In writing, for all costs, compensation or expenses which may be assoclaled thereWith In addition, Trustee may
<br />become a purchaser at any sale 01 the Property (judicial or under the power of sale granled herein): postpone Ihe sale 01 all or any portion of the property, as prOVided bV law;
<br />or selt the Property as a whote. or in separate parcels or lols.
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<br />11. Fulur. Ad,.nc... Upon request of Borrower, Lender may, at its option, make additional and future advances and readvances 10 Borrower Such advances and
<br />readvances, With Interest thereon, shall be secured by this Deed of Trust A1 no time shall the prinCipal amount of the IOdebtedness secured by (hiS Deed 01 Trust. not 10-
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<br />cludl~g sums advanced to prolecllhe securily of this Deed of Trust, exceed the orlglOal prinCIpal amount stated herein. or $__54 I OO~.._QO whichever.,
<br />greater.
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<br />12 Mlac....n.ou. Prow'.lon..
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<br />II) 1I0rrower Nol A.I....d. ExtenSion of the lime for payment or modlflcahon of amortllallon of the sums secured by thiS Deed 01 Trust granlcd by
<br />Lender to any SUCCBllllor In Inlerest or Borrower shall not operate to release. In any manner, the liabIlity of the original Borrower and Borrowcr.s successors 10
<br />Interellt Lender shall not be reqUired to commence proceedlOgs against such successor or reI use to extend time lor payment Of otherWise modltv amortization
<br />of the sums secured by thl! Deed of Trust by reason of any demands made by the onglOal Borrower and Borrower"s successors In Internst
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<br />(b) Llnd.r', pow.r.. Without affecting the liability 01 any other person liable lor the payment 01 any obligation herein mentioned. and w.thout altec110g
<br />the lion or charge or this Doed 01 Trust upon any porlton of the Property n01 then or theretofore released as security tor the full amount ot all unpa.d obllgahons
<br />Lender may, tram lime to time and Without notice (I) release any person so liable, (II) extend the matuflty or aller any otlhe terms ot any such obligations. (tII)
<br />grant other indulgences, (iv) release or reconvey, or cnuse to be released or reconveyed at any lime at Lender's options any parcel, portion or all at the Propert....
<br />(vi take or release any other or additional security for any obligation herein mentioned, or (VI) make composItions or other arrangomenls With debtors In relahon
<br />thereto
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<br />(c) Forbe.r.nc. by Lender Nol. W.lver. Any forbearance by Lender In exercIsing any right or remedy hereunder, or otherWise allorded by appllcabte
<br />law, shall not be a waiverof or preclude the exerCise uf any such right or remedy The procurement 01 Insurance or the payment ottakes Or other hens Of charges
<br />by Lender shall not be a waiver or lender's right to accelerate the maturity 011he Indebledness secured by thiS Deed at Trus1
<br />(d) SUCC..lOr. Ind Alllan. Bound; Joint and Sever.1 Lt.btlllYi C.ptlonl. The covenants and agreements here'" contalOed shall bind, and the rights
<br />hereunder shall Inure to, the respective successors and assigns of Lender and Borrower, subject to the proVISions of paragraph 81e) hereol All covenants ftnd
<br />agreements of Borrower shall be Joint and several The captions and headings or the paragraphs of thiS Deed of Trust are tor convenlOnce only and are nollo be
<br />used to Interpret or define the provisions hereof
<br />(e) A.q....tforNoUc... The parties hereby requeslthat a copy of any nolice of default hereunder and a copy of any notice 01 sale hereunder be mallmJ 10
<br />each party to this Deed of Trust at the address set forth above In the manner preSCribed by applicable law Except far any other notice reQlIlred undor apphCabll'
<br />law 10 be given in another manner, any notice prOVided tor In thiS Deed of Trust shall be given by mailing such notice by cer1lfled mall addressed to the OlhOf
<br />parties, at the address sel forth above.
<br />Any notice provided for In this Deed of Trust shall be deemed tD have been given to Borrower or Lender when given lO the manner deSignated tlefeln
<br />(f) In'plcUon. Lender may make or cause to be made reBSonable entries upon and Inspections of the Property, prOVided that Lender shall gIVe BorrowOf
<br />notice prior to any such inspection specifying reasonable caule therefor related to Lender's lOterest in the Property
<br />(gt A.conv.y.nce. Upon payment of all sums secured by thiS Deed of Trust, Lender shall request Truslee to reconvey the Property and shall SUf~nd('f
<br />this Deed of T.-ust and all notes evidencing indebtedness secured by thiS Deed ot Trust to Trustee, Trus1ee shall reconvey the Property wlthoul warrAnty ana
<br />'Nlthout charge to the person or personP,legally entitled thereto Such person or persons sholl pay all cosls of recordation, If any
<br />(h) P.raonll Propert,.S.curtt, Agrnmenl As additional security lor the payment of the Nole aUIi.tures, equipment, and other personnl property usnd
<br />in connection with the real eS'ate or Improvementl!llocated thereon, and not otherwise declared or deemed to be a part of the roal estate secured herebv. !in. II ()(t
<br />subject toa security Inter!!et In favor of the Lender undpr fhe Nebraska Uniform Commercial Code ThiS lOstrUmqnt shall becons1rued illS a Secunty Agreement
<br />under said Code. and the Lender shall have all the rights and remedies 01 B secured party under said Code In addition to the nghts and romedlO!I croatoO undo.
<br />and accorded Ihe Lends! pursuant to thll! Deed of Trust
<br />OJ SlVlflblllty. In the ovent Ihat any prOVision of lhlll Deed of Trust cDnfllct wilh applicable law or nre declared Invalid or oth(HWlse unen1orcoablc. such
<br />conflict or Invalidity shall not flUecl the other provisions of this Dead 01 Trusl or the Note which can be given ellect Without the conflicting provIsion. and 10 thiS
<br />end the provl.lons or the Deed af Trusll!lnd tho Note are declared to be soverable
<br />Borrower has executed thil Deed 01 TruI' the dale wrlttlm obova
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<br />(Rick'. - .wf&iJ,~. ~~.Lt~~ent)
<br />~tZUa 9f (\Ja1I\~ ~Cl-liGL \ J
<br />(Rick's Lawn Care, Inc., Pitl"lt'.'l~ A:-]ohnson, Sec'f{tary)
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