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6. Eminent Domain. Lender is hereby ass!gnetl all compensation, awards,'6amages and .103578
<br />er payments or relief (hereinafter' Proceeds ") in connection with
<br />.codehtnation of other taking of the Property or part thereof, or for conveyance In lieu of tonoemnauon. Lender strait be entitled at its option to commence, appear in and
<br />I lose' ate :n ;s own canna any action r_. proceedings, and shall also Le entii;a; lu, make acv c all, pron —e or setuement In connection with such taking or damage. In the
<br />event any portico of the Property Is so taken or camag ^d. Lender shat; have the option. in Its sole and absolute discretion. to apply all such Proceeds, after dsdu__jjo;
<br />: :sref ro-n a'I casts and expenses incurred by it in connection with such proceeds, upon any indebtedness secured hereby and in such order as Lender may determine. or to
<br />apply iol such Proceeds, after such deductions to the restoration of the Property upon such co—tons as Leader may determine. Any apprcgFOn of procaods to
<br />,odebt -ehis- shall not extend a! postpone the due date of any payments „rider the Note, or cure any default th—under or hereunder.
<br />7 PaAOrmaneeby Lender. In the event of Borrower's failure to perform any of the covenants herein or make any payments required hereby, or if any act's token or
<br />legal proceeding commenced which matenalfy affects Lenders Interest ir. the Property. Lender may in its own discretion, but without. cbligation to do so, and witho^ it notice
<br />to or demand upon Borrower and without releasing Borrower from any obligation, do any act which the Barr ower has agreed but fails to do and may also do any other act It
<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 Lentler in connection with the exercise by Lender of the foregoing rights. together with Interest thereon at the rate provided in the Note, which snail be added to
<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 of Default. The following shall constitute an event of default under this Deed of Trust:
<br />(a) Failure to pay any installment ofprincipa for interest or any other sum secured hereby when due. or failure to pay when due any othermcfebtedness of
<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 or attachment or any similar process shall be entered against Borrower which shall become alien on the Property or 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 Property. or
<br />the rents, issues or profits thereof. or Borrower shall make any general assignment for the benefit of creditors.
<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
<br />involuntarily, 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 fit a corporation)ns
<br />issued and outstanding stock or (if a partnership) __— percent of partnership Interests
<br />9. Acceleration Acceleran Upon Default. in the event of any Event of Default Lender may declare all mdebteduess 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 may.
<br />(a) Demand that Trustee exercise the POWER OF SALE granted herein. and Trustee shall thereafter cause Borrowersinterest 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 />(bl 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 Pioperty, or any part thereof, 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 .,Otherwise collect the rents. Issues and profits thereof.
<br />including those past due and unpaid, and apply the same less costs and expenses of operation and collectionmcluding attorneys "fees, upon any Indebtedness
<br />secured hereby. all In such order as Lender may determine The ant-ng 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 it.. response to such
<br />default or pursuant ;a such notice of default and, notwonStanding 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 td 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 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 Truslee or Lender is intended to be excl usi ve of any other remedy herein or by law provitled or permitted. but each shall be
<br />cumulative, shall be in addition to every other remedy given hereunder ar now Or hereafter existing at law or in equity or by statute, and may be exercised concurrently_
<br />independently or successively
<br />10 Trustee. The Trustee may resign at any time without cause. and Lia-e- may at any time and without cause appoint a successor or substitute Trustee. Trustee
<br />shall not be liable for any loss or damage unless due to actionable negligence O• wi!iful misconduct and snail not he requires to take any action in connection with the
<br />enforcement of this Deed of Trust unless indemnified. in wrung, far ail costs, compensation or expenses which may be associated therewith In addition. Trustee may
<br />becontea purchaser at any sale ofthe Properly (judicial or underahe power of sal egrantedhereini. postpone the sale of all Oran y portion of the property as provided by law.
<br />or sell the Property as a whole. or in separate parcels or lots
<br />1 t Future Advances. Upon request of Borrower. Lender may. at its option 'Hake additional and future advances and readvance5 to Borrower Sucn advances and
<br />readvances. with interest thereon, shall be secured by this Deed of Trust At rid rime shall the pnoci pal amount of the indebtedness secured by this Deed of Trust, not in-
<br />cluding sumsadvaneedto protect the security of this Deed of? rust. exceed ire onginaipnnupalamount stated herein ors..__ _ _ .whicheveris
<br />greater.
<br />12. Miscellaneous Provisions.
<br />(a) Borrower Not Released. Extension of he time for payment Or m ^ddsaben of amo•u :aeon of the s,ms secured by this Deed of Trust granted by
<br />Lender to any successor m interest of Borrower shall not operate to release in any manner the !iabif ov of me ongina: Scurower and Borrower s successors in
<br />Inte rest. Lender shall not be requ: red to commence proceedings against Such Successor .—I use toe xtend 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) Lender's Powers. Without affe c li rig Ire !,ability ofany other person liable foribe pay meet of any abigation herel ^. mentioned. and without affecting
<br />the lien or charge of this Deed of Trust open any port on of the Property not then cr theretofore re; eased as security for the toll amount of all unpaid obligations.
<br />Lender may, from time to time and arthout notice fit release any person so liable fio extend !he maturity or alter any oft" terms ofany such obligations.[ni)
<br />grant other indulgences. Inv) release or reconvey. -cause to be released or recortveyed at any time at Lender s options any parcel, portion or ail of the Property,
<br />tv) take or release any other or additional security for any abl!oaucin herein mentioned er i v) make com position s or otner arrangements with debtors In relation
<br />thereto.
<br />(c) Forbearance by Lender Not a Waiver. Any forbearance ny Lender i n exercising anynghta, remedy hereuntler. or otherwise afforded by applicable
<br />law, shall n of be a waiverof or preclude the exercise of any such right a,,e ety The procurement of insurance or the payment of taxes or other liens or charges
<br />by Lender shall not be a waiver of Lenders right to accelerate The maturity of the - indebtedness se-red by tins Deed of Trust
<br />Jill Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein contained snail bind and the rights
<br />hereunder shall inure to, the respective successors and assigns of Lender and Borrower subject to the provsions of paragraph 8 (ej hereof All covenants and
<br />agreements of 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 />of Request for Notices_ The parties hereby request that a c ley of any notice of default hereunder and a copy of any notice of sate hereunder be malted to
<br />each party to this Deed of Trust at the address 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 snail be given by mailing such notice by certified mail addressed to the other
<br />parties, _ the address set forth above.
<br />Any notice provided form this Deed of Trust shall be deemed to nave been given to Borrower or Lender when given m the manner designated herein.
<br />(t) Inspection, Lender may make or cause to be made reasonable entries upon and inspections of the Properly, provided that Lender shall give Borrower
<br />notice prior to any such inspection specifying reasonable cause therefor related to Lender's ,merest in the Property
<br />(g) Reeonveyanee. Upon payment of all sums secured by this Deed of Trust. Lender snail reduest 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 if any
<br />(h) Personal Property. Security Agreement- As add.; -'nal securtyfor the payment of the Note all fixtures. equipment. and other personal property used
<br />in connection with me restestateor improvemer :.,'n racl thereon, and not otherwise declared ordeemed to be apart of thereat estate secured hereby, shall be
<br />subject toa security interest In favor of the Lender under the Nebraska Uniform Commercial Code This ristrumeinlshall be construed as a Security Agreement
<br />under said Code. and the Lender shall have all the rights and remedies of a secured party under said Code m addition to the rights and remedies created under
<br />and accorded the Lender pursuant to this Deed of Trust.
<br />I.) Severability. 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 conflicting provision, and to this
<br />end the provisions of the Deed of Trust and the Note are declared to be severable.
<br />Borrower has executed this Deed of Trust the date written above
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<br />pr;pwer e a m nee
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