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<br />6 Eminent Domain. Lender is hereby assigned all compensation, awards, damages and other payments or relief thereinafter' Procee )Tit ni7ecuon with
<br />condemnation. or other taking of the Property or part thereof, or for conveyance in lieu of condemnation Lender shall be entitled at its ophoil to commence. appearrn and
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<br />prosecute.n 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
<br />event any portion of the Property a 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 end expenses incurred by if in connection with such proceeds, upon anyindebtedness secured hereby and in such order as Lender may determine, orto
<br />apply all krlcli Proceeds, titter such deductions, to the restoration of the Property 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 defauli thereunder or hereunder. - -
<br />- 7 Performance by Lender. In the event of Borrower's failure to perform any of the covenants herein or meke any payments required hereby, or if any act is taken or
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<br />legalproceedingcommencedwhichmateriallyaffectsLender' s interest in the Property. Lender may in is own discretion. but without obligation to do so, and without notice
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<br />toor demand upon Borrower and without t releasing Borrower from any obligation, do anyact 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 shell, 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
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<br />the indebtedness secured hereby Lender shall not incur any personal liability because of anything it may do or omit to do hereunder. -
<br />8. Events d Default. The following shall cons: ute an event of default under this Deed of Trust:
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<br />(aI Failure to pay any installment of principal or interest or any other sumsecured hereby whendue, or failure to paywhen due any other indebtednessof
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<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; -
<br />(c) Awrit of executi on or attachment or any similar process shall be entered against Borrower which shalt become alien on the Property or any portion-
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<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 other statute, law or regulation relating to
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<br />bankruptcy. insolvency or otherreftef fordebtors: or there shall beappomted any trustee, recei veror liquidator of Borrowerorofaii orany part ofthe Property. or
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<br />the rents, issues of profits thereof, or Borrower shall make any general assignment for the benefit of creditors. - -
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<br />(e) The sale, transfer, assignment. conveyance or further encumbrance of all Or any part Of or any interest in the Property, either voluntarily or
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<br />involuntahly, without the express written consent of Lender -
<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 (it a partnership) percent of parthewship interests -
<br />9. Remedies; Acceleration Upon Detwtt In the event of any Event of Default Lender may declare al: ,ndebtedness secured hereby to be due and payable and hie
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<br />same shah 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 herern. and Trustee shall thereafter cause Borrower's interest to the Property toile sold
<br />and the proceeds to be distlduled. all in the manner provided in the Nebraska Trust Deeds Act:
<br />(b) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court aid without regard to the -
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<br />adequacyofitssecurity. enter upon and take possession of the Property. or any part therecit, in is Own name or in the name Of the Trustee. and do any acs which
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<br />rt deems necessary or desirable to preserve the value, marketability Or rentability of the Property or part thereof Or interest therein. increase the mocith e
<br />- therefrom or protect the security hereof and. with Orwithouflalflng possessaonotthe Property. sue for or Otherwise collect the rents. tssuesa3dproti imereof,
<br />including those past demand unpaid, and applythesame, less costs and expenses of operation and collection including attorneys fees. uponartyindebtedness -
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<br />secured hereby. all in such order as Lender may determine The entering upon and taking possession of the Property the collection of such rents, essties and
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<br />- profits and the application thereof as aforesaid, shall not cure or waive any default or noty a of default hereunder or invaiidate any act done un response to such
<br />default or pursuant to such notice of default arid, notwithstanding the continuarri, en oossessw^ of the Property or the collection- receipt and application of
<br />rents. issues or profits, Trustee or Lender shalt be entitled to exercise every right provided tot in anv of the Loan instruments or by law upon occurenceofany
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<br />event Of default . including the right 10 exercise the power of sale. and
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<br />tot Commence an actor to foreclose this Deed of Trust as a mortgage apoornt a recerve, o, Speciftcally enforce any of the covenants nerEpf;
<br />No remedy herein conferred upon or reserved to Trustee or Lender is intended to beexctusrve of anv Other remedy herein Or by law provided or perm,sed, buteach shall be
<br />cumulative. shall be in aCdrt.oh LO every other remedy given hereunder or now or hereafter ex,sti�+o at taw or in e.qu.ty or by statute and may be exercised contcurrenify.
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<br />+ndeprsndantfy or ii ecess,vely
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<br />T0. Tttmoo. The Trustee may resign at any time without cause and Lencier n av at, any hnK, and'withour cause appoint a successor or substthit8 Trustee Trustee
<br />shah rldt be ]table for any loss or damage unless due t0 aCttOnaDle negitgence Of wrritul m,sconduct dnd snail riot to required to take any action in corirte'Ctmn.wfh the
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<br />MaprdemMt of this Deed Of Trust unless .ndemn,tred m witting. for all costs, ccrnpeh,,ai :On Or expenses amfch may oe assoctared therewith In addition. Trussee, may
<br />becomeapurchii at any sale of the Property(tud,c.a. or under the powerOf sae Grantedf+eiie,r poste=.:tie the sort pfalt n and portion of the property- PrOvidedoylaw
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<br />Or a" the Property its a whole- or in sepa,ate Parct,,s or tots
<br />t1. Fulaate Adi antra. Upon request of Borrower Lender may at its Option name aodit,Onai and future advances and readvances to Borrower Su haOrances and
<br />neadvances, with niteresi thenecto shah be secured by this Deed of Trust At r,O time shaft file ptinc:pei a^naunt O! the indebtedness secured by this Deed Of Frost. nql m-
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<br />tludtngsumsadvancedtoprotectthesecuntyoftn ,a Deedo!T,usi exceed *.+moo y,nai p-i�.-•:aiarre :'<r stated herein Ors _. ah c^ere -•s
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<br />greater..
<br />12, MWcs%wwous Proviebns.
<br />(a) BoROwer Not Released. Extension of the !-of payrnent Or' od,t ;cavon Of amort•rahon of the sums se,,u,ed oy rtes Deed of Ttutrirganvoloy
<br />Lender to any successor in interest of Borrower shat! not operate to ,e ease in anv manner. the lability Of the original Borrower and Borrower s sai,cctisOrs ri - -
<br />interest Lender shalt not be required to Commence proceedings against Sucn i.cce,,scrOr reuse to extend timefo, payment O, Othe—se mcdf, am„JrtiZ3L:p?.
<br />of Ili¢ sums SeCUr¢d by ilia Deed O? Truaf C/ reafrOn Of any demdnds mddE"_"r the v ;g ±rat Bdr {t�.wer dnd Bprlpyfers � ±CGC`aSXS in �nt_aresi
<br />(b) Lender's Powers. Without affecting the riab,tity of any othp: perso-n t,ah?e for the payment of any obligator heremn 1,Ohed ahJw n.cutafrec hO
<br />the hen of charge of this Creed of Trust upon an e pol-on pf trip PrOPerty r =o€ inter, Or rher¢icfore releasec as security for the full simo.m,l of all urve_ Lit +:ga ;id•^.s
<br />Lender may from time to time and without. notice I.I release any person sit I.abte. ,,,: extend tree maturity or alter any of the terms of any such
<br />grantotherindulgences . tiv)reieaseorrecdnvey or cause lobe re4eased or reconveyed at any itme at Lender's options any patcef pOftioh cr a =; of the Property+
<br />(v) take or release any other or additional security for an y obligation nere.n ment,ened d, Zvi } make s pos;!O s or other afrangernents vrrh detto s in rvlato,,
<br />thereto.
<br />ic) Forbearance by Lentler Not a Walver. Any forbearance by Lender in exercising any light or remedy hereunder. o.- Otherwise affo den by app:;cebte
<br />law,shan hot pea waiver of orprev.oe the exercise of any such tight or remedy The prOCUremeni p!msurartce df fns Raymmrd Oi ?'xis Or Other Hens Or Charges -
<br />by Lender shal4 not be a w&tM Of Lender s rigm to accelerate the maturity of -the :ndebledness secure ] by this Deed Of 't rust
<br />to) Succeseora aria Apfgns Sound; Joint and several Liabity-. C-apaotw- The covenants and agreements herein c� ntair:ed shao bind and the ngnm
<br />fe2under shah inure to. the respective suC£e35Ors and assigns of Lender and Borrower_ SuOfeCt td the p,dv;SiOns of parayteph 6 ie hereof Ai: cOvenism and
<br />agreements of Borrower snail be joint and several The Captions and lteadrngs of the paragraphs c-ft?us need of Trust are for cor:v'ehielt if Ohlya he are hot to be
<br />used to interpret o, define the phavistons hereof -
<br />- let ReOYeatim Nodoes. The parties hereby request trials copy Of any notice of default hereunder and acOpy ofany,.ohce of sere hereunder be,r+a -vo to
<br />each party to:nts Deed of Trust at the address set forth above in themanner prescribed oy appircaole taw Except for any Other notice required under apetcst!-
<br />- - Iew to be given .n another neither. any nonce provided for in this Deed of Trust shah be given by malting such notice ny cernfieC rant addressed to The vines
<br />panes. at the address set forth above
<br />Any notice pr v,oaa form this Deed of Trust shaft be deemcV to have been green to Borrower or Lender when given in tie manner Oesvgnated herein
<br />t'.f linapeCpgl. Lender may make or cause to be made reasonableentries upon and,nspKttOns of the Property, provtdedthat Lendershaa gyve BOnower
<br />'+puce ptiO, to any such inspection specifying reasonable cause therefor related to Lender rs ,rterest in the Properly
<br />(g) Reconwyanee. Upon payment of all sums secured by this Deed of Trust. Lender shah request Trusteetorecon :=_y the Property anti snail s.rfanCe, -
<br />this Deed Of Trust and all notes evdencmg indebtedness secured by this Deed of Trust to Trustee Trustee Shall recon„sy ?+,e d•ope,ty withp„i w "a,•ar•1 a ^-
<br />wdn" charge to the person or persons legally entitled thefelO Such person or persons seal: pay air costs of ,ecotdat :,,ri ;f an
<br />fh) Personal Prop". S*Mwty A foN nt. As additionlal security for the payment of the NOteail fixtures , equipment - a ^aCher peisOna=�-rOpeY.'y :. -se3
<br />in connection with the real estate of improvementslocated thereon -antl not otherr.s_eilaTlareetrr dm-Tit to bee part of!".tie, estate wire -.^ cigy
<br />subiacttoasecur,ty interest in favor of the Lender under the Nebraska Uniform Commercial Code This mstrumfint snail be construed as a Secur,ty Agreerrrent
<br />under said Cafe. and the Lender shall have all the rights and remedies Of a secured party under said Code in addition to the ngnts and remedies created under
<br />antl aVCOrded She Lender pursuam to this Deed of Trust
<br />t,) sayersbiy,. In the event trot any prowsron of this Deed of Trust conflict with applicable law or ate declared invalid or binerwae unenforceable suet,
<br />c ",Ct otinvalidity shell not affect the other prov+sionsof tilts Deed of Trust or the Note which can be giver. effect without the cohffcnng provision. and
<br />via the prOvistofa of the Deed of Trust and the Note are declared to to severable
<br />Borrower has executed this Deed of Trust the date written above
<br />Bo„ower C.
<br />(Robert C Chisholm)
<br />tip nor -, (Carol A Chisholm)
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