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<br />fi Eminent Domain. Lender is hereby assigned all compensation. awards. damages and olhe, payments or relief (hereinafter -Proceeds I in connection with
<br />condemnation or other taking of the Properly or part thereof or for conveyancem lieu of condemnation. Lender shall be entitled at its option to commence, appear in and
<br />prosecute in its own name any action or proceedings, and shall also beentitled to make any compromise or settlement in connection with such taking or damage In the
<br />event any portion of the Property is so taken or damaged. Lender shalt 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 ouch proceeds, upon any mCebledness secured hereby and in such order as lender may determine, or to
<br />apply All such Pwceede, after such deductions. m lt,e real —lion of the Properly upon such conditions as Lender may determine. Any application of Proceeds to
<br />indebtedness shall not extend Or postpone the due date of any payments under the Note, or cure any default thereunder or hereunder.
<br />vy 7. Parlormanbe by Lender, in the event of Borrowers failure to perform any of the covenents here,nor 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 />r teor«?emand upon Bxrovietand withouire!eas+ yBp :rower!rOm any oblige :igr,,tloany actwhich the SOrrOwerhas agree, but faifslodoand meyeisbdo my other act it
<br />1111 deems necessary to protect the security hereof. Borrower shall, immediately upon demadu therefor by Lender, pay to Lender all costs and e n curred and sums
<br />expended by Lender," connection with the exercise by Lender Of the foregoingrights. together withmterest Thereon at the rate provided in Mjil. ,W ieh shat) be added to
<br />iM lndebWl ss secured hereby Lender shall not incur any personal liability because of anything it may do or omit to do hereunder. Al"
<br />B. Events of Wfeuff. the following shall constitute an event of default under this Deed of Trust
<br />(a) Failure to pay any mstaliment of principal or interestorany other sum secured hereby when due,orfa)lumto paywhen dueany other mdebtednessof
<br />Borrower to Lender,
<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.
<br />(c) A writ of execution of attachment or any similar process shall be entered against Borrower which shall become alien on the Property Or any portion
<br />IhereoI or mterest Therein.
<br />(dl There shall be bled by or against Borrower an action under any present or future federal, state or other statute, law or regulation relating to
<br />bankruptcy, insolvency or other relief for debtors; or mere shall be appointed any trustee, recetveror liquidator of Borrower or of ail or any Parlor the Property, or
<br />The rents. issues or profits thereof, or Borrower shall make any general assignment for the benefh of creditors. -
<br />is) The sale. transfer. assignment. conveyance or further encumbrance of all or any part of or any interest in dhe Property, either voluntarily or
<br />,"voluntarily, without the express written consent of Lender. -
<br />(1) If Borrower is not an individual, the sale. transfer. assignment, conveyance or encumbrance of more than _ percent of (it a corporation) its
<br />issued and outstanding stock or fit a partnership) __ - percent of partnership interests
<br />9. Remedies; Acceleration Upon Default. in the event of any Event of Default Lender may declare all mdebtedness 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 `nay.
<br />(a) Demand that Trustee exercise the POWER OF SALE granted harem. and Trustee shall thereafter cause Borrowers 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:
<br />e
<br />f - (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 par, 'hereof. nits own name or in the name of the Trustee. antl do any acts which
<br />it deems necessary or desirable to preserve the value. marketability or rentability Of the Property. or Part thereof or interest therein. increase the income
<br />therefrom or protect the security hereof and. with Or without taking possession of the. Properly sue for Or otherwise collect the rents. issues and profits thereof.
<br />including those past due and unpaid. and apply the same. fens 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 entenrn upon and taking possession of the Property. the collection of such rents, issues and
<br />profits and the application thereof as aforesaid, shall not cure or warre any default or notice of default hereunder or invalidate any act done in response to such
<br />E. default Or pursuant to such notice of default-and. notwithstanding the continuance :n possession of the Property or the collection, receipt and application of
<br />rents, issues or profits, Trustee or Lender shall be entitled to exercise every right prpwded for in any of the Loan Instruments or by law upon occurence Of an
<br />event of default. including the right to exercise file power Of sale. and
<br />(c) Commence an action to foreclose this Deed of Trust as a mortgage appoint a receiver, of specifically enforce any of the covenants hereof -
<br />rNo remedy herein conferred upan or reserved to Trustee or Lender is intended to be excl —ve of an Other remedy herein orb law
<br />cumutabtre. shall be in addition to eve other remedy - y Y statute. a may permitted. d co ch Shalt be
<br />ry y given hereunder or now or nereaner existing at taw qr inequity or by statute. and may be exercised concurrently,
<br />- independency or successively
<br />10. Trustee. The Trustee may resign at anytime without cause. and Lender may at any time and without cause appoint a successor or substitute Trustee- Trustee
<br />shell not be liable for any loss or damage unless due to actionable negligence or wolf W misconduct, and shall nor be required to take any action — connection with the
<br />_ etifor arment of this Deed of Trust unless indemmf+ed, in writing. for all costs. compensation or expenses which may be associated therewith- In addition. Trustee may
<br />bat o rte 8 purChasar al anv sale of the Property (I,dicial or under this power of sale granted herein 1, postpone the sate of all or any portion of the property. as provided by law:
<br />w salt the Property as a whole or in separate parcels or lots
<br />1t. Fuhtrs Advaftps.Uponrequestot Harrower Lendermay.atltsopuon make additional and futureadvances and readvances to Horrower- Suchadvancesand
<br />readvances, with interest thereon, shall be secured by this Deed of Trust At no time shall the principal amount of the mdebtednesssns secured by this Deed of Trust. not in-
<br />cludingsums advanced t o protect the security of this Deed of Trust. exceed the original ^Pncipal amount stated herein, ors__ 25t/rt/00• Qo whicheveris-
<br />12. M!spNlsnsous Provisions.
<br />(a) Borrower Not Released, Exiens+on of the lime for payment or modification of amortization of the sums secured by this Deed of Trust granted by
<br />Lender to any successor in interest of Borrower shalt not operate to release, in any manner, the fiabihty of the original Borrower and Borrower's successors in
<br />interest Lender shrill not be required to commence proceedings against such succe -pror 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 Borrowers successors in interest
<br />IIT I Lfndary P*x . Wllhdut affecting the uabddy of any other person t.abie for the paymern ofanv obligahon herein mentone0 andwdhoulatfechno
<br />the hen or charge Of this Deed of Trust upon any portion of the Property not then or !heretofore released as security for the full amount of as unpaid obligations.
<br />Lender may. from time to time and without notice lit release a person so liable (u)extendme maturity or at any Of the terms df anysuch obligations l +*i}
<br />grant other indulgences, tiv) release or reconvey or cause To ti— ewased or reconveyed at any umeat Lender's optionsanyparcel portion or all dfthe Property,
<br />111 take or release any other or additional security for any obligation herein mentioned of fill make compositions or other arrangements with debtors fn `Nation
<br />thereto
<br />Ic) Fofbsarsnea by L"HW"*tatMNver. Any forbearanceby Lende— exercising any right or remedy hereunder or ome—se afforded by appocapie
<br />few. shall not be d wa ver of or preclude the exercise of an is uch right or remedy The procurement of insurance Or the payment of taxes or Other hens c-harges
<br />by Lender shall not be a waiver of Londe, s right to accelerate the maturity of the indebtedness secured by his Deed Of Trust -
<br />(d) SueNasor i and Assigns Bound; Joint and Several I.I*on ty: Calatione. The covenants and agreements herein contained shall bind, and the rights
<br />hereunder shall inure to, the respective successors and assigns of Lender and Borrower subleCt to the provisions of paragraph i lei hereof All covenants and
<br />agreements of Borrower shall be joint and several The captions and headings of the parag,apns of this Deed of Trust are tot cOrrvemenee only and are not to be
<br />Used to ,'"arpret or define the prov-iaidna hereof -
<br />(a) Request for Notices. The parties hereby request that a copy of any notice of default hereunder and a copy of ahyn0'Ka Or sat, hereunder be maned to
<br />each parry to this Deed of Trust at the address set forth abovem the manna, presumed by applicable law ExCep: fOrany other nonce tettuved under"O'cabte
<br />law to be given in another manner, any notice provided for in this Deed of Trust shall be given by mailing such r;Oi+re Dy Certified magi addresse0 to ilia OTher
<br />parties, at the address set forth above
<br />Any notice provided for in this Deed M Trust shall be deemed to have been giver. to Borrower or Lender when given in the manner IMstgnated herein .
<br />II) Irtspe"'don. Lender may make OrcAuse to be made reasonable entries upon andinsoections of the Property- Provided that Lender shalt give Bo"Ovier
<br />notice prior to any such inspection specifying reasonable cause therefor related to Lenders interest m the Property
<br />igf Rseonvelyanes. Upon payment of all sums secured by this Deed of Trust. Lender shall request Trustee to reConvev the Property and shall surrender
<br />this Deed of Trust and all notes evidencing mCebledness secured by this Deed of Trust to Tr -fee Trustee shall reconvey the 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 if anv
<br />(h) Personal Property, SeeuAly Agreement Asadditionai security for the payment of the Note all fixtures. equipment, and other personal properly used
<br />m Connection With file teal estate or improvements located thereon, and not otherwise declared Or deemed to be apart of the real estate secured hereby shall be
<br />subject to a securely interest in favor of the Lender under The Nebraska Uniform Commercial Code This mstrumgntshallbeconsttuadaaa Security Agreement
<br />under said Code, and the Lender shah have all the right, and remedies of a secured _party under said Code in addition tot rurhle aria jgmadj �._ es.ew......�_
<br />and accorded the Lender pursuant to this Deed of Trust ' _- �4 ;_fes,_
<br />(if Saysrab". In the event that any provision of this Deed of Trust conflict with applicable law or are declared invalid or otherwise unenforceable such
<br />C�Onfft^f Or invalin itv shall not affect the other provisions Of this Deed of Trust or the Note which can be given effect without the contiicu ng provision. and to this
<br />and the provmons or the Deed of Trust and the Note are declared to be severable
<br />BOrtower ties s ust.1 -d this Dead of Trust the date written above
<br />Meryl3ean VMI B rrowei��
<br />�.j L
<br />Ste en 0. Stumnff B `ewer
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