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B. BwAftrtt Ddrnaln. Lander is hereby assigned all compensation, awards. damages and other payments or relief (borolnaltor ' Pror.Ocids ) in cennechpn with
<br />condemnation Or Other taking of the Properly Or pelt thereof. or for conveyance in lieu of condemnation. Lander shall be entitled at its option to commence. appear in 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. Lander shall nave the option. in its sole and absolute discretion, to apply all such Proceeds, after deducting
<br />therefrom all Costa and expenses incurred by it m connection with such proceeds, upon any indebtedness secured hereby and in such order as Lender may determine, or to
<br />apply all such Proceeds, alter such deductions, to the restoration of the Property upon such conditions as Lander may determine. Any application of Proceeds to
<br />indebtedness shall not extend or postpone the due date of any payments under the Nola, or cure any default thereunder or hereunder.
<br />7. pMeNllaftee by LMder. In the event of Borrower's failure to perform any of the covenants herein or make any payments required hereby. or if any act is taken or
<br />legal proceeding commenced which materially effects Lender's interest in the Properly. Lender may in its own discretion, but without obligation to do so. and without notice
<br />td of demand upon Borrower and without releasing Borrower from any obligation, do any act Which the Borrower has agreed but fads to do and may also do any other act it
<br />r ""in 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 />expanded by Lander 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
<br />the indebtedness secured hereby. Lender shalt not incur any personal liability because Of anything it may do or omit to do hereunder
<br />®. E1Nerte of Dagttdl. The following shall constitute an event of default under this Deed of Trust:
<br />(a) Failure to pay any installmenl 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 Note. this Dead of Trust. any document which secures the Note, and any other
<br />M/y encumbrance upon the Property.
<br />00 (c) Awrit 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, low or regulation relating to
<br />O 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 />J the rents, issues or profits thereof, or Borrower shall make any general assignment for the benefit of creditors.
<br />' (a) The sale, transfer. assignment. conveyance or further encumbrance of all or any part of or any interest in the Property, either voluntarily or
<br />1nv01un1arily, without the express wnnen consent of Lender.
<br />(f) it Borrower is not an individual the sale. trganpssfer, assignment. conveyance or oncu mbrance of more than 2.5__.._ percent of lit a corporation) its
<br />00 issued and outstanding stock or (if a partnership) __ 2`, -_- percent of partnership interests
<br />4. bernedln; Accek"ftn Upon Defaua. In the event of any Event of Default Lender may declare all indebtedness securetl hereby to be due and payable and the
<br />same shed 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 Trust ee shad 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 />(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 Property or any part thereof in os own name or in the nameof the Trustee. anddoany acts Which
<br />it deaths necessary of desirable 10 preserve the value marketability or rentabuity of the Properly or part thereof or interest therein, increase the income
<br />therefrom Of protect the security hereof and. with or Without taking possession o f the Property sue for or otherwise collect the rents, issues and profits thereof.
<br />' including those past due and unpaid, and apply the same, ess costs and expenses of operation and collection including attorneys 'lees, upon any indebtedness
<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, issues and
<br />ptolits and the application thereof as aforesaid. shall not cure Or waive any default or notice of delaull hereunder Or i nvandate any act done in response to such
<br />default or pursuant to such notice of default and, notwithstanding the continuance a possession of the Property Ce the collection, ;eceipl and application of
<br />rents. issues or profits, Trustee of Lender shall be entitled to exercise every right provided tar in any o! trio 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 harem conferred upon or reserved to Trustee or Louder re mleaded to be exclusive of an y other remedy herein or by law provided or permitted, but each shall be
<br />cumulative. shall be in addition to every other remedy given hereunder ar now 0r heroaf:er existing at law fir in equity or by statute, and may be exercised concurrently.
<br />independently or successively
<br />1 ee 0. Trustee. The Trust may resign at any time without cause and Lender may at any time and without cause appoint a successor or substitute Trustee. Trustee
<br />shad riot be liable for any loss or damage unless due to actionable negligence or willful misconduct. and shall not be required to lake any achen. 'n connection with the
<br />m
<br />enforceent Of this Deed of Trust unless indemnified, in writing . for all costs. compensation or expenses which may be assoonted therewith In addition, Trustee may
<br />become a purchaser Of any sale of the Property (Judicial or under the power of sale granted herein ). postpone the sale of all or any portion of the property as provided bylaw.
<br />or sell the Property as a whole, of in separate parcels of lots
<br />it Futures Adyanaea. Upon request of Borrower Lender may al its option make addi"ontil and ,,lure advances and readvances to Borrower Such advances and
<br />readvances. with interest thereon, shad lea secured by this Oemd ur Trust At no time shall the principal amount of the indentedness secured by this Deed of Trust, not in-
<br />eluding sums advanced to protect the "cut tyof this Dead ofTrust exceedlhanrgnaipr ncipai amount statedherpm ors _. -. __. -... whichever is
<br />greater --
<br />12. MNwlbnsow firoelrloru.
<br />(a) bsnawr Net Ileteaaad. Extension of the time for payment or modification of amortization of file sums secured by Ims Deed of Trust granted by
<br />Lender to any successor in :nteresl of Borrower shall not operate to release m any manner the liability of the original Borrower and Borrower s successors in
<br />interest Lender shelf 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 or any demands made" the original Borrower and Borrowers successors in interest
<br />(bl Lander'a P4wws. Without affecting trio nabildy of any other person liable for the payment of any obligation herein mentioned. and without affecting
<br />the lien or Charge Of this Deed of Trust upon any portion of the Property,,.: Ihsm 0r th— l.tore released as security for the full amount of all unpaid obligations,
<br />I Lender may. from time to time and Without notice (-) release any person so liable fu) extend the maturity or alter any of the terms Of any such obligations, (in)
<br />I[ grant other indulgences. I iv) release of reconvey. Of cause to be released of reconveyed at any lime at Lender's options any parcel, portion or all of the Property,
<br />(v) take or roes" any other or additional iecer)ly for any obligation herein mentioned or fvr l make composmmas or other arrangements with debtors in rotation
<br />thereto.
<br />(c) Ferbeeranee by lsndsr Meta Warier. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable
<br />taw, shall not bee waiver Of Of preclude the exercise Of any such right Or remedy The procurement Of insurance or the payment of taxes or Other liens Of Charges
<br />by Lender shah not bee waiver of Lender's ngni to accelerate the maturity of the indebtedness secured by this Deed of Trust
<br />ld) Swoonssws and aseligne board: Joint and nevsrat L"Mty; Captions. The covenants ano agreements herein contained shall bind, and the lights
<br />hereunder stub inure to, the respective successors slid assigns of Lender and Borrower . subject to the provisions of paragraph a lol hereof. All covenants and
<br />agreemsnisof Borrower shall be joint and several The captions and headings at the pa ragraphs of this Deed of Trust are for convenience only and are not to be
<br />used to interpret Or define the provisions hereof
<br />lo) ttepoatl for Mellon.Tn. parties hereby request that a copy of any notice of default hereunder and a copy of any notice of safe hereunder be mailed to
<br />each pill this Deed of Trust at the address set forth above m the manner mrisc fibed by appl,crible l— Except tot any other notice required under applicable
<br />taw to be given in another manner, any notice provided for in this Deed of Trust shall be given by marring such notice by certified mad addressed to the other
<br />Wine. at the address set forth above
<br />Any not" provided tot in this Dead of Trust shall be deemed to have been given to Borrower of Lender when given in the manner designated herein.
<br />(q hfspeidliki Lender may make orcause lobe made reasonable entries upon and inspections of the Property. provided that Lander shall give Borrower
<br />entries prior, to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property
<br />(g) tteeenNyMlee. Upon payment of all sums secured by this Dead of Trust. Lender shall request Trustee to reconvey the Property and shall surrender
<br />this Deed Of Trust and all notes evidencing mdebteOness secured by th,s Deed of Trust to Trustee. Trustee shall reconvey the Property without warranty and
<br />wtthoul charge to the person or persons legally entitled thereto. Such person or persons shall pay all costs 01 recordation. if any
<br />Ili) PogowWPtepasty.ieeodty Aip*ow*nLAsadddfonal security for the payment of the Note all fixtures equipment. and other personal property used
<br />in co irectan with trio rest estate or improvements located thereon, and not other wise sect —ol ordeemed to be apart of the real estate secured hereby. shall be
<br />subject 10 a security interest in favor of the Lender underlhe Nebraska Uniform Commercial Code This instrum -rd shall be COnstlued as a Security Agreement
<br />urden rated Code, and the Landa, shall have all the rights and remedies of a secured party under said Code in addition to the fights and remedies created under
<br />and *"proud the Lando, purauaot to this Deed of Trust
<br />(1) bassrabMlr. in the event that any provision ofthis Deed of TrastcOnfhcl with applicable jaw or aradeclared mvatdor olhorwrseurnlloiceable. such
<br />Ctmdi l Of invardtty Malt not affect the other provisions of this Deed of Trust of the Note which can be given effect without trio conflicting provision, and to this
<br />and the provmanb of the Deed of Trust and the Note are declared to be severable
<br />.. Barquant, a executed this Desoof Trout the data written above Clark Brothers Sanitation, Inc.
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<br />6.
<br />.�. Ho 0wer
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<br />BonaWery p., Sec., Treas.
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