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<br />6. Emln.n' Com.ln. Lender 15 hereby assigned all compensation. awards. damages and other payments or rehef (horemal1er "Proceeds") In connectlon with
<br />condemnation or other taking of che Properly or parllhereot. or IlJ' conveyance In lieu of condemnation Lender shall be entItled 81115 option 10 commence, appear In and
<br />prosecute 10 its own name any acllon or proceedings. and !Ihall also be entitled to make any. compromise or settlemenlm connection with such laking or damage. In the
<br />even. any portion 01 the Property is so taken or damaged, Lender shall have lhe opllon. In its sole and absolute discreuon, 10 apply all such Proceeds, alter deducting
<br />therefrom all costs and axpenses incurred by Illn connection with 5uch proceeds, upon any Indebtedness secured hereby and in 5uch order as Lender may determine, or to
<br />apply all such Proceeds, alter sech deductions. to the restoration of the Property upon such conditions as Lender may determine Any application 01 Proceeds to
<br />indebtedness shall 001 exte~d or postpone the due date of any payments under the Note. or cure any delault tMlreunder or hereunder.
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<br />7. P.rformlnee by Lltnd.r. In the event 01 Borrower's failure to perform any of the covenents her'3in or make any payments reqUired hereby. or il any act IS taken or
<br />logal proceedlngcommeoced which materially affects Lender's Interest in the Property, Lender may In lis own discretion, but without obligation 10 do so. and without notice
<br />to ordBmand upon Borrower and without releasing Borrower from any obligation, do any act which the Borrower has agreed bul falls to do and may also do any other act it 1
<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 connecllon with the exercise by Lenderolthe foregoing rights, together with IOterest th~reon at the rate provided in the Note, which shall be added to
<br />the Indebtedness secured hereby, Lender shall not incur any personalliablllty because of anything It may do or omit to do hereunder.
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<br />B. Eventl at D.tlun. The following shall constitute an event of default under this Deed of Trust
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<br />(a) Fallureto 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 01 Trust, any document which secures the Note, and any other
<br />encumbrance upon the Property;
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<br />(c) A writ 01 ekeculion or attachment or any similar proces", shall be entered agamst BOrlllwer whIch shall become a lien on the Property or any portion
<br />the real 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 other statute, law or regulation relatlOg to
<br />bankruptcy, Insolvency or other relief for debtors; orthere shall be appointed any trustee, receiver or liquidator of Borrower or 01 all or any parl 01 the Property, or
<br />the rents, issues or profits thereof, or Borrower sMIl make any general assignment lor tho benefit 01 creditors
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<br />(e) The sale. transler, assignment, conveyance or further encumbrance of all or any part of or any IOterest in the Property, either voluntarily or
<br />involuntarily, without the express written consent of Lender.
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<br />(f) If Borrower is nol an individual. the sale, transler, assignment. conveyance or encumbrance 01 more than - percent 01 (11 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. R.medl..; Accelerallon Upon Det.ull.ln the event of any Event of Default Lender mny declare all indebtedness secured hereby to be due and payable and the
<br />samB shall thereupon become due and payable without any presentment, demand, protest or notice of any kind. Therealter Lender may:
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<br />(a) Demand that Trustee ekercise 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 />(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 of the Property. or any parllhere01, In Its own name or in the name of the Trustee, and do any acts which
<br />it deems necessary or desirable to preserve the value. marketability or rentability ollhe Property. or part thereof or IOterest therein. increase the income
<br />therelrom or protect the security hereof and, with or withoul taking possession 01 the Properly. sue lor or otherwise collect the rents, issues and profits thereof.
<br />Including those past due and unpaid, and apply the same,le5s costs and BlC.penSes of operation and collectlon Including attorneys' fees. upon any indebtedness
<br />secured hereby, all in such order a;; Lender may determine. The enteflng upon and taking possession of the Property, the collection of such rents, issues and
<br />prollts and the application thereof as aforesaid. shall not cure or waive any delault or notice 01 default hereunder or invalidate any act done in response to such
<br />default or pursuant to such notice of default and, notwithstanding the continuance in possession of the Property or the collection. receipt and application at
<br />rents, issues or profits, Trustee or Lender shall be entitled to exercise every right provided for In any 01 the Loan Instruments or by law upon occurence at any
<br />event 01 delault, including the right 10 ekercise the power 01 sale: and
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<br />(cl Commence an action to foreclose this Deed of Trust as a mortgage. appoint a receiver, or speclllcall)' enlorce any of the covenants hereol.
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<br />No remedy herflln conferred upon or reserved to Trustee or Lender IS intended to be exclusive of any other remedy hermn or by law provided or permitted, but each shall be
<br />cumulati'll8, shIll be in addition to every other remedy given hereunder or now or hereafter elC.lstlOg at law or in equIty or by statute. and may be ellerclsed concurrenUy,
<br />Independently or successively
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<br />10. TrUll... The Trustee may resign at any time without cause. and Lender may al any ttme and WI1hout cause appoint a successor or substitute Trustee. Trustee
<br />shall not be liable for any loss or damage unless due to actionable negligence or wllllul misconduct. and shall not be reqUired to lake any actIon In connectIon With the
<br />enforcement at lhis Deed of Trust unless indemnified, in wflting, for all costs, compensallon or expenses which may be assoclaled therewIth In additIon. Trustee may
<br />become 8 purchaser at any sale of the Property (judicial or under the power of sale granted herein): postpone Ihe sale 01 all or any portion of the property. as proVided by law.
<br />or rselllne Property as a whole, or in separate parcels or lots
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<br />11. Fulure Advlnc... Upon request of Borrower, Lender may, al its option, make additIonal and future advances and readvances to Borrower Such advances and
<br />readv8[lCes. with interest thereon, shall be secured by this Deed of Trust At no lime shall the principal amount 011he IOdebtedness secured by thiS Deed of Trust. not In4
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<br />cluding sums advanced to protect lhesecunty 01 thiS Deed of Trust. exceed the Original principal amount stated herein, or $ 43 200. 00 ~ . whichever IS
<br />grealer.
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<br />12. IIllCellaneou. Prowlllonl.
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<br />(8) Borro..r Nol A.I.aHd. ExtenSion of Ihe lime lor paymenl or modl/lcatlon of amortIzation 01 the sums secured by this Deed of Trust granted by
<br />Lender to any successor In Interest of Borrower shall not operate to release. In any manner, the liability 01 the origInal BOrrower and Borrower's successors In
<br />Interest. Lender shall not be reqUIred to commence proceedings against such successor or refuse to extend lime for payment or otherwise modIfy amortization
<br />of the sums secured by this Deed of Trust by reason of any demands made by the Original Borrower and Borrower's successors In inlerest.
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<br />(b) Lender'l pow.n. WIthout affecling lhe liability 01 any other person liable for the payment 01 any obligation hereIn mentioned. find Without affecting
<br />the lien or charge of this Deed of Trust upon any portion of the Property not then or theretofore released as security for the full amount of all unpaid obligations.
<br />Lender may. Irom time to time and without notice (I) release any person so liable, (ill extend the matunty or alter any of the terms 01 any such obligations, (iil)
<br />granlother indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any lime al Lender's options any parcel. portion or all ot the Property.
<br />(v) lake or release any other or additional secunty lor any obligatIon herelO mentioned. or <VI) make composItions or other arrangements with debtors In relation
<br />thereto,
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<br />(c) Forbelranee bV Lender NoI. Waiver. Any forbearance by Lender," exercIsing any flghl or remedy hereunder. or otherwise afforded by applicable
<br />law, shall not be a waiver of or preclude the exercise 01 any such fight or remedy Toe procurement of Insurance or the payment of taxes 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
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<br />(d) SuceeuoD Ind Alllgn. Bound; Joint and Severl' Lllblllty; Clpllonl. The covenanls and agreemenls herem contained shall bind, and the nghts
<br />hereunder shall inure to,the respectlve successors and assigns of Lender and Borrower, sublect to the prOVISions at paragraph 8 (e) hereof. All covenants and
<br />agreements ot Borrower shall be joint and several. The captions and headings 01 the paragraphs of this Deed 01 Trust are for convenIence only and are not to be
<br />used to interpret or define the provisions hereol.
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<br />(e) Requell lor NoUCes. The parties hereby requBslthat a copy 01 any notice of default hereunder and R copy of any notice of sale hereunder be mailed to
<br />each party to this Deed at Trust at Iheaddress sel forth above In the manner prescribed by applicable law Except for any other nollce reqUIred under applicable
<br />law to be given in another manner, any notice prOVided for in lhls Deed of Trust shall be given by mailing such nolice by certified mati addressed to the other
<br />parties. at the address sel forth above.
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<br />Any notice provided lor in this Deed of Trust shall be deemed to have been given to Borrower or Lender when given 10 the manner deSignated herein
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<br />(I) Inspecllon. Lender may make orcause to be made reasonable entries upon and inspections of lhe Property. prOVided that Lender shall give Borrower
<br />notice prior to any such inspection specifYing reasonable cause therefor relaled to Lender's interest in the Property
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<br />(g) Reconv.Vlnce. Upon payment ot all sums secured by this Deed of Trust. Lender shall request Trustee to reconvey the Property and shall surrender
<br />this Deed at Trus! and all notes evidencing indebtedness secured by this Deed 01 Trust to Truslee. Trustee shall reconvey Ihe Property Without warranty and
<br />without charge to the person or persons legally entitled thereto. Such person or persons shall pay all costs of recordation. It any
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<br />(hi Penonll Property, Security AgreemenL Asadditional security torthe payment of Ihe Note allli)ttures, equipment. and other per30nal property used
<br />in connection with the real estate or improvements located thereon, and not otherwise declared or deemed to bE.> a part at the real estale secured hereby, shall be
<br />subjectto a security interest In lavor of the Lender undprthe Nebraska Uniform Commercial Code. ThiS Instrum"!nt shall be conslrued as a Securlty Agreement
<br />under said Coda. and the Lender shall have all the rights and remedies of a secured party under said Code in addition to the fights and remedies created under
<br />and accNded the Lender pursuant to this Deed of Trust.
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<br />(il s.v.r.biIttr. In the event that any provision at this Deed of Trusl conflicl with applicable law or are declared invalid or othtHWlse unenforceable. such
<br />contllct or invalidity shall not affect the other provisions 01 this Deed of Trust or the Nole whIch can be gIven elfec1 wlthoul1he conlllctlng prOVISIon. and 10 lhls
<br />end the provisions of the Deed of Trust and lhe Note are declared to be severable.
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<br />Borrower has executed this Deed at Trust the date written above.
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<br />;6~ ~g~Jt--~~:;2
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<br />(Wilbur V. CummfnsJ3orrower
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<br />liq~.~~)./.. ~J.t~--
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<br />(Germaine H. Cummi\ll'!:,wer
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