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a *edam DOMOn, Lender Is hereby assigned all compensation, awards. damages and other payments of relief (hereinafter "Proceeds ") m connection with
<br />condemnation or other taking of the Properly or part thereof, or for eonvoyance in lion of condemnation. Lender shall be entitled at rte option to commence, appear m and
<br />prosecute, in 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 is so taken or damaged. Lender shall have the Option, in its sole and absolute discretion, to apply aft such Proceeds, after deducting
<br />a•Y therefrom all costsand expenses incurred by it in connection with such proceeds, upon any indebtedness secured hereby and in such order as Lander may determine, or to
<br />apply all such Proceeds, after such deductions, to the restoration of the Properly upon such conditions as Landor may determine. Any appltcahon of Proceeds to
<br />astalissadmate shall not extend or postpone the due date of any payments under the Note, or cure any default thereunder or hereunder.
<br />A 7 Pmternews"by Lender. In the event of Borrower's failure t0 perform any of the covenants herein or make any payments required hereby, or if any act is taken or
<br />"I procaeding commenced which materially affects Lender's interest in the Property, Lander may in its own discretion, but without obligation to do so. and without notice
<br />to or demand upon Borrower and without releasing Borrower from any obligation. do any act which the Borrower has agreed but fails to do and may also do any other act it
<br />0 deems juspirlessey to protect rho security hereof. Borrower Shell, immediately upon demand therefor by Lender. pay to Lender all costs and expenses incurred and sums
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<br />expanded by Landerm connection with lhaoxecnse by Lender of the foregoing rights. logetherwith interest thereon at the rate provided in the Note, which shall be added to
<br />tiro indebtedness secured hereby. Lander shall not incur any personal liability because of anything it may do or omit to do hereunder.
<br />S. Ivan%d ifaladL The following shat) constitute an event of default under this Deed of Trust',
<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:
<br />(b) A breach of or default under any provision contained in the Nola, this Dead of Trust, any document which secures the Note, and any other
<br />erdumbnnca upon the Property:
<br />(c) A writ of execution or attachment or any similar process shall be entered against Borrower which shall become alien on the Property of any portion
<br />thereof or Interest therein:
<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
<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 Properly, or
<br />the rents, issues or profits thereof, or Borrower shall make any general assignment for the benefit of creditors.
<br />(o) 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. -
<br />it) if Borrower is not an individual, the sale. transfer, assignment. conveyance or encumbrance of more than —25 percent of (if a corporation) its
<br />issued and outstanding stock or (it a partnership) - _�____. percent of partnership interests. -
<br />0. Ranrdn; Aa6eNr&Mm Upon DeladL In the event of any Event of Default Lender may declare all indebtedness secured hereby to be due and payable and the
<br />same shalt thereupon become due and payable without any presentment. demand, protest or notice of any kind. Thereafter Lender may:
<br />(a) Demand that Trustee exercise 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:
<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 />adequacyof its security, enter upon and take possession of the Property. or any part thereol, 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 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 Property, sue for or otherwise collect the rents, issues and profits thereol.
<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 entermg upon and taking possession of the Properly, the collection of such rents, issues and
<br />prof its and the application thereof as aforesaid. shall not cure or waive any default or notice or 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 of
<br />rents. issues or profits. Trustee or Lender shall be entitled to exercise every right provided for in any of the Loan Instruments or by law upon occurence of any
<br />event of default. including the right to exercise the power of sale. and
<br />(c)' Commence an action t0 foreclose this Deed Of Trust as a mortgage, appoint a receiver. or specifically enforce any of the covenants hereol:
<br />No temedy herein conferred opener reserved to Trustee or Lender is intended to be excl usive of any other remedy herein or by law provided or perm fled, but each shall be
<br />Cumulative, shall be in addition toevery 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 successively.
<br />10. True%*. The Trustee may resign at anytime without cause. and Lender may at anytime and without cause appoml a successor or substitute Trustee. Trustee
<br />shall not be liable for any loss or damage unless due to actionable negligence or willful misconduct, and snail not be required to take any action in connection with the
<br />enforcement of this Deed of Trust unless indemnified, in writing, for all costs. compensation or expenses which may be associated therewith. In addition. Trustee may
<br />become a purchaser at any sale of the Property (judlcuO or under the power of sale granted herein 1. postpone the sale of all or any portion of the property. as provided by law;
<br />or sell the Property as a whole, or in separate parcels or lots.
<br />it. Fubae Advances. Upon request of Borrower. Lender may. at +ts option, make additional and future advances and readvances to Borrower. Such advances and
<br />reedvances, with interest thereon, shall be secured by this Deed of Trust At no time shall the principal amount of the indebtedness secured by this Deed Of Trust, not in-
<br />eludingsumsadvaneedtoprotectthesecurityOfthlsDeedofTrust. exceed the original principal amount stated herein or$- 40,000 .0)e,---- __— _.- .._._. whicheveris
<br />greater.
<br />12. MioeoNW eeue Provkelorm
<br />(a) Borrower lion Released. Extension of the time for payment or modification of amortization of the sums secured by this Deed Of Trust granted by
<br />Lender to any successor in interest of Borrower shall not operate to release. In any manner. the liability of the or lgmal Borrower and Borrower's successors in
<br />interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization
<br />of the sums secured by this Deed of Trust by reason of any demands made by the Original Borrower and Borrower's successors in interest.
<br />(b) Leaded$ Powms. Without affecting the liability of any other person liable for the payment of any ONtigation herein mentioned. and without affecting
<br />the lion 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, from time to time and without notice n) release any person so liable. In) extend the maturity or after any of the terms Of any such obligations. (iii)
<br />grant other indulgences, (iv) release or reconvey. or cause to be released or reconveyed at any lime at Lender'; options any parcel, portion or all of the Property.
<br />(v) take or release any other or additional security for any obligation herein mentioned. or (vi I make compositions or other arrangements with debtors in relation
<br />thereto.
<br />(c) Forboarience by Leader Meta Walnr. Any forbearance by Lender m exercising any nght or remedy hereunder, or otherwise afforded by applicable
<br />taw, shalt not be a waiver Of or preclude the exercise of any such right or remedy The procurement ol,nsurance or the payment of taxes or other liens or charges
<br />by Leader shall not be s waiver of Lender's right to accelerate the maturity Of the indebtedness secured by this Deed of Trust.
<br />(d) Saeeeeemsand A%Ugn%Bound; Jofnt and Several Liability; Captions. 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, subject to the provisions of paragraph a (e) hereof. All covenants and
<br />agroomeetsof Borrower shall be joint and several. The captions and headings of the paragraphs of this Deed of Trust are for convenience only and are not to be
<br />used to interpret Or define the provisions hereof.
<br />(e) Reaseel for NOhoae. The parties hereby request that a copy of any notice of default hereunder and a copy or any notice of sale hereunder be mailed to
<br />each party to this Deed of Trust at the address set forth above In the manner prescribed by applicable taw Except for any other notice required under applicable
<br />law to rte given in another manner, any notice provided for in this Deed of Trust shah be given by mailing such notice by certified mad addressed to the other
<br />parties, at the address set forth above.
<br />Any notice provided for in this Deed of Trust shall be deemed to have been given to Borrower or Lender when given to the manner designated herein.
<br />(f) 1 Is -den. Lender may make or cause lobe made reasonable entries upon and inspections of the Property. provided that Lender shall give Borrower
<br />notice prier to any such inspection specifying reasonable cause therefor related 10 Lender's interest in the Property
<br />(g) Reeonwyanee. Upon payment of all sums secured by this Deed of Trust. Lender shall request Trustee to reconvey the Property and shall surrender
<br />this Deed of Trust and all notes evidencing indebtedness secured by this Deed of Trust to Trustee. 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, it any.
<br />in) Parts" Prop". Security, ASreeraenL As additional security for the payment of the Note all fixtures. equipment. and other personal property used
<br />in contraction with thereat estate or improvements located thereon. and not otherwise declared or deemed to be apart of the feat estate secured hereby, shall be
<br />subject to a aeeunly interest in favor of the Lender under the Nebraska Uniform Commercial Code This,nstrumvnt shall be construed as a Security Agreement
<br />under said Code, and the Lander shall have all the rights and remedies of a secured party under said Code in addition to the rights and remedies created under
<br />and accorded the Lender pursuant t0 this Deed of Trust.
<br />(i) Savarabwq. In the event that any provision Of this Deed of Trust Conflict with applicable law or are declared invalid or otherwise unenforceable, such
<br />conflict or invalidity shall not affect the other provisions of this Deed of Trust or the Note which can be given effect without the con11 icting provision, and to this
<br />end the provisions of the Deed of Trust and the Note are declared io be severable.
<br />Borrower has executed this Deed of Trust the date written above.
<br />Buck' movin o`rag�,, Inc.
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<br />Borrower
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