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a limbo aM fleah•K Lender is hereby assigned ail compensation, awards, damages and other payments or relief (hereinalfor "Proceeds'') in connection with
<br />cdndemntton of other taking of the Properly or part Ihersof, or for conveyance in lieu of condemnation- Lender shall be ontltlad at fill option to commence, appear in and
<br />proeshuNi in its own name any action or piecaadings, and shall also be entitled to make any compromise or settlement in connection with each taking or damage. In the
<br />oveiil any portion of the Prpparly is so taken or damaged, Lander eholl have the option, In Its sole and absolute discretion. to apply all *rich Proceeds, otter deducting
<br />ale COOS andleepansM incurred by d in connection with such proceads, upon any Indebtedness secured hereby and in such order as Lender may determine, or to
<br />only ati much Pr jobe ; afser such deductions.. to the restoration of the Property upon such conditions as Lender may determine. Any application of Proceado to
<br />Mall not extend or postpone itro due date of any payments under the Nola, or curs any default thereunder or hereunder.
<br />T F'ortarmosef liyr LaMar. In the event of Borrower's fortunate perform any of the covenants herein or make any payments required hereby. or ffany act is taken or
<br />NMr ooNdingia0mniancedwhichmateriall yarh cis LendersmilwastintheProper ly,Landermayinitsowndiscret ion, but without obligation lodo so, and without notice
<br />to or mainland upon Barometer end without rareasing Borrower from any obligation, do any act which the Borrower has agreed but fails to do and may also do any differ act it
<br />of 0 is to Project the security hereof. Borrower shelf, immediately upon demand therefor by Lender. pay to Lander all costs and expenses incurred and same
<br />exporidedliv larder lncsonnectlonwith the exorcism byLenderofMeforegoingrights, togetherwithinterestthereonattherateprovidedintheNote ,whichMalibeaddedfo
<br />the e. W40blednm secured hereby. Lender shall not incur any personal liability because of anything it may do or omit to do hereunder.
<br />S. Evease of Befoul, The following shall constitute an event of default under this Deed of Trust:
<br />(a) Failure to pay any inellatinvail of principal or interest or any other sum secured hereby when due, or failure to pay when due any other indebtedness of
<br />Goals~ to Lender:
<br />(b) A breach of or default under any p.ransmn contained in the Note, this Died of Trust, any document which secures the Note, and any other
<br />o. arwumbranca upon the property,
<br />Al (c) Await of execution of attachment or any similaor process shall beenlared against Borrower which shall become a lion on the Property or any portion
<br />eeylIr���� lturaraf or Interest therein:
<br />CIO (d) Thera shelf be filed by or against Borrower an action under any present or future federal, state on other statute, law or regulation relating to
<br />0 bedtruptcy, ipsoh roacyatotherrilieflotdebtors: ofthereshallbeappoint edanytrustee, receiverorliquidatorofBorrovolofalloranyportoftheProperty ,or
<br />Wall the rents, issues or profile thereof. or Borrower shall make any general assignment for the benefit of creditors.
<br />' Ise) The safe, transfer, assignment. conveyance or further encumbrance of all or any part of or any Interest In the Property. either voluntarily or
<br />fy, wittaim the express written consent of Lander,
<br />^. 11) tt Borower is not an individual, the sets. transfer. assignment, conveyance or encumbrance of more than ._ —___ percent of (if a corporation) Its
<br />issued and outstanding stock or (it a partnership) __._.___.— percent of partnership interests.
<br />S. Astrredim- Aoco%nMan Upset 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 ahea thereupon become due and payable without any presentment, demand, protest or notice of any kind. Thereafter Lender may:
<br />let 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 of by agent, with or withou: bringing any action or proceeding. or by a receiver appointed by a court and without regard to the
<br />adequacy at its security. enter upon and take possession of the Property. On any part thereof. in its own name or in the name of the Trustee. and do any actswhich
<br />it dooms necessary or desirable to preserve the value, marketability or rentability of the Property. or part thereof or interest therein, increase the income
<br />therefrom of protect the security hereof and, with or without taking possession of the Property. sue for or otherwise collect the rents, issues and probts ihareol,
<br />- including these pastdue and unpaid. and applyihe same, less costs and expenses of operation and collection including attorneys fees. upon any indebtedness
<br />secured hereby, all to such order as Lender may determine The entering 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 waive any default or notice of 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 10 exercise every right provided lot in any of the Loan Instruments or by law upon occurence of any
<br />event of defoua, including the right to exercise the power of sale. and
<br />(c) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver. or specifically enforce any of the covenants hereof,
<br />No remedy herein conferred upon or reserved to Trustee or Lender is intended lobe exclusive of any other remedy herein w bylaw provided or permitted, but each shalt be
<br />cumulative, shall the in addition to every other remedy given hereunder or now or hereafter existing at taw or m equity or by statute and may be exercised concurrently,
<br />molopendentry, or successively.
<br />10. Tresses. The Trustee may resign at anytime without cause. and Lender may at anytime and without cause appoint a successor or substitute Trustee. Trustee
<br />hell not be liable for any toes or damage unless due to actionable negligence or waltut misconduCt. and shall not be required to take any action in connection with the
<br />enlpcsmeat 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 />becomespurchow Mostly select the Propeny(judiciator under the power olsalegranted herein) postpone the safe of an orany portion ofthe properly, as provided bylaw.
<br />a self the Prop" se a why. or in separate parcels or lots.
<br />11. Fortino* Advances. Upon request of Borrower Lender may, at Its option. make additional and future advances and readvance5 to Borrower Such advances and
<br />readvanees, with interest thereon, shall be secured by this Director Trust At no time shall Ire principal amount of the indebtedness secured by this Deed of Trust. not in-
<br />cluding sums advanced to protect the security ol this Deed ofTrust. exceed file original principal amount stated herein. or537_r404.00____ "_._. whichoveris
<br />iysaser-
<br />12. ■Meet WwrA PresrNom.
<br />(a) fla/eser HOt loMaesd. Extension of the lime for payment of 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 original Borrower and Borrower's successors in
<br />informal. 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 Borrowers successors in interest.
<br />(b) Lo~*iewes. Without affecting Into habddy of any other person liable for the payment of any Obligation herein mentioned, and without affecting
<br />the lion or charge of this Deed of Trust upon any portion of the Properly not then or theretofore released as security for the full amount of all unpaid obligations.
<br />Lander may, from time to time and without notice (it release any person so liable. (ltd extend the maturity or after any of the terms of any such obligations, fill)
<br />grant other induigences. I w) rate&" or reconvey. of ause to be released or reconveyed at any time at Lenders options any parcel, portion or all of the Property.
<br />(v) take of release any other of additional security for any obligation herein mentioned, or I vi I make compositions or other arrangements with debtors in relation
<br />"Moto
<br />let Ferbsea by Landow Rota Welver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable
<br />law. shad not be s waiver of or preclude the exercise of any such ngnt or remedy The procurement of insurance or the payment of taxes or other liens or charges
<br />by Lender setae not be s waiver of Lender's right to accelerate the maturity Of the indebtedness secured by this Deed of Trust.
<br />(d) ilreaeseOf! she Assign Ileum Joint and Several LtsbMy: Captions. The covenants and agreements herein contained shall bind, and the fights
<br />hermunder shelf inure to, tiro respective successors and assigns of Lender and Borrower. subject to the provisions of paragraph 81e) hereof. All covenants and
<br />agreements of 8orcower shad be loin) and several. This captions and holdings of the paragraphs of this Deed of Trust are for convenience only and are not to be
<br />used to interpret or refine the provisions hereof
<br />(a) (Mst1MeffW Host ages. The parties hereby request that a copy of any notice of delault hereunder and a copy of any notice of sale hereunder be mailed to
<br />each party to this Deed of Trust at theaddress set forth above in the manner prescribed by applicable law. Except for any other notice required under applicable
<br />law to be given in another manner, any notice provided for in this Deed of Trust shall be given by mailing such notice by certified mad addressed to the other
<br />joartes. at toe 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 in the manner designated herein.
<br />(f) Mspss11, Lender may make or cause to be made reasonable entries upon and inspections of the Property. provided that Lender shall give Borrower
<br />-
<br />notice Pnor to any such inspection speca" reasonable cause therefor related to Lender's interest in the Property
<br />191 lsasnvsyeame. Upon payment of all sums secured by this De" of Trust. Lender shall request Trustee to reconvey the Property and shall surrender
<br />this Dodd of Traef and all not" evidencing indebtedness secured by this Deed of Trust to Trustee Trustee shall reconvey the Property without warranty and
<br />wrnrout on" to the pesos or persons legally anlined thereto. Such person or persons shall pay ail costs of recordation, if any
<br />th) PWOO MPtMab,llaealy AreentsnL As additional security for the payment of the Note all fixtures, equipment, and other personal property used
<br />wnconMebon, with the rest astats or improvements located thereon, and not otherwise declared of deemed to be a part of the real estate Secured hereby, shall be
<br />subject too security interest in fewer of the Lander under the Nebraska Uniform Commercial Cede This instrument shall be construed as a Security Agreement
<br />under Did Code, and the Lender shall have all the lights and remedies of a secured party under said Code in addition to the fights and remedies created under
<br />and accords® the /slider pursuam to this Deed of Trust. -
<br />(i) $W*WO ly. In the avant Net any prOvroion of Deed of Trust conflict with applicable law of are declared invalid of otherwise unenforceable, such
<br />conflict of mvabidlty Ahab roue affect the debar provisions of this Deed of Trust or the Note which can be given elect without the conflicting provision, and to this
<br />@red the tai of ale Deed of Trust and the Note are declared 10 be severable .
<br />rfK exec~ tows David of Trust the date wooden above
<br />(Theodore Fuehre' � �� .tt
<br />T�/ - Xl�orrower_.
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