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6 f$adnent Def sin. Londe, is hereby assigned all componlatmn. awards. damagoa and otnet paymenla or relief (hereinafter Proceeds ") m cgnnochon with
<br />condemnallon Or other joking of the Properly or part [hereof, or for conveyance In lion of condemnation Lender snail be enhuod at its option to commence, appear in and
<br />prow ute in its own name any action or proceedings. and shall also be enti0ed to make any compromi as or settlement In connection wilt) such faking or damage fn the
<br />event any portion of the Property $5 so taken or damaged, Lender shall have the option, in its solo and absolute discretion to apply all such Proceeds, after deducting
<br />therefrom all coalsiand expenses incurfedby it in connection with such proceeds, upon any indebtedness secured hereby and In Such order as Lender (Flay determine. or10
<br />apply all such Proceeds. after such deductions, to the restoration of trio Property upon such conddlons as Lender may determine Any application of Proceeds to
<br />wry Indebtedness shall not extend or postpone the due date of any payments under the Note. or cute any default thereunder or hereunder
<br />•�� 7 Mftertrwrfeelty Lender. In lhearenl of Borrower's failure to perform any of lhecovenents herein or make any payments required hereby, Or itanyaCt istakonor
<br />I*"] proceeding commenced which materially affects Lender 'a Interest In the Property, Lender may in Its own discretion, bill without obligation to do so, and without notice
<br />Cto or demand upon Borrower and without releasing Borrower from any obligation. do any act which the Borrower has agreed bill lads to do and may also do any otheract it
<br />deertls mecoasary to protect the security hereof. Borrower shall. immediately upon demand therefor by Lender. pay 10 Lender all costs and expenses incurred and sums
<br />"expanded by Lender in connection with the exercise by lender of the foregoing rights, together with Interest Ihoreon at the rate provided in the Note. which shall be added to
<br />�.I, the indebtedness secured hereby Lender shall not Incur any personal liability because Of anything n may door omit 10 do hereunder
<br />uJ•�•r A. fv@ M of DO". The following shall constitute an event of default under this Dead of Trust
<br />T la) Failure to pay any installment of prince pat or interest or any other sum secured hereby when due, or failure to pay when due any other mdebtednessot
<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 />(cl A writ of execution or attachment or any similar process shall be entered against Borrower which shall become a lien on the Properly or any portion
<br />thereat or interest therein,
<br />(d) There shall be bled 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 (allot 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 />(a) The sale. transfer, assignment, conveyance or further encumbranc^ or all or any part of or any interest In the Properly, either voluntarily or
<br />Involuntarily. without the expreas written consent of Lender
<br />If) If Borrower is not an individual. the sale transfer. assignment . conveyance or encumbrance of more than _..... ___._ percent of (if a corporation) its
<br />Issued and outstanding stock or bl a partnership) _...____ . percent of partnership Interests
<br />9 RenleQha; Aeoehration Upon Default. In the event of any Event of Default Lender may declare all indebtedness secured hereby lobe 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 />dal Demand That Trustee exercise the POWER OF SALE granted herein. and T rustee shall thereafter cause Borrower's Interest In the Property to be sold
<br />end the proceeds to he distributed. all In the manner provided In the Nebraska Trust Deeds Act.
<br />(b) Either in person or by agent, with o, without bringing any action or proceeding or by a receiver appointed by a court and without regard to the
<br />adequacy of its security . enterupon and take possession at the Property . or any part thereof, in its own name Orin the name Of the Trustee. and do any acts which
<br />d dooms necessary or desirable to preserve the value. marketability or rentandity of trip, 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 thereof.
<br />Including those past due and unpaid and apply me 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 erilenng upon and Taking possession at the Property, the collection of such rents. Issues and
<br />profits and the application thereof as aforesaid short not cure Or waive any default or notice of default hereunder of invalidate any act done In response to such
<br />default or pursuant to such notice of default and Fla- Iristanding the r, ant muanCe in possession of the Property Or the collection . receipt and application of
<br />fools, issues or profits. T rustee or Lender shalt be entitled to exerClse every right pfov,ded for in any (it the Loan Instruments or by law upon occurence of any
<br />Event of default. including the right to exercise the power at Sale and
<br />Ic) Commence an action to foreclose this Deed of Trust as a mortgage appoint a receiver or speclf,cally enforce any of the covenants hereol.
<br />No remedy herein conferred upon or reserved to Trustee or Lender is Intended to be exclusive of eny other comedy here- or by law provided or permitted. buteach shall be
<br />cumulative. Shan be in addition to every other remedy given hereunder or now or hereafter exisbhq at law Or i i equily O, by statute and may be exe /Wsed concurrently.
<br />Independently or successively
<br />10 True*&. The Trustee may resign al any time wdhoul cause and Lond(,, may it any time and without cause appoint a successor or substitute Trustee Trustee
<br />shall riot be hable for any loss or damage unless due to actionable neghgence or willful nusulm]uct. and shall 1101 tie required to lake any action In connection with the
<br />enforeernani of this Deed of Trust unless indemnified . in writing, for all costs . compensation or expenses which may be assoClaied therewith In addition, Trustee may
<br />become a purchase, at any sale of the Properly oudecialor under me power cl sale granted herein pOSipone the sale ofall or any portion of the property, as provided bylaw.
<br />of sell the Property as a whole. or to separate pamets or lots
<br />I I Fulkrre Advarka". Upon request of Borrower. Lender may at its option make additional and future advances and readvances to Borrower. Such advances and
<br />readvances, with intereat thereon. shall be secured by this Deed of Trust At no time shall the principal amount of the dtdebledness secured by this Deed of Trust. not in-
<br />clueing sums advanced to protect the s.cut ly of this Dead of Ti, ist am oiiii .ere,.. nr 5 whichever 15
<br />greater
<br />12 KWWA*afuotu Pfoytelona.
<br />fat iGAOtlf HotRNraaed. Extension 01 the time Ion payment or modihLalrOn of amorliTahon of Ne Burns secured by this Deed of Trust granted by
<br />Lender to any successor m mtgfest of Borrower shall not operate to release in any manner ;ire babihly of the original Borrower and Borrower's successors in
<br />Interest Lender shall not be required to commence p,oceedingsagainst such successor or reluse 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 fly the or;grnal Borroww and Borrowers successors ire Interest
<br />IN LanMraPOMIra.WI ( hOUt allCChng ine liab,uly of any Other person liable In, the payment of any obllgallon herein mentioned and without affecting
<br />the hen of charge of tees deed of Trust upon any portion of the Property not then er therefore re released as sec unly for the full amount of all unpaid obligations.
<br />Lender may. from lime to time and without notice ill release any person sb habte iii) extend the maturity Or alter any of the terms of any such obligations. I lu)
<br />grant other Indulgences.: tv) release or reconvey pr cause to be released or -conveyed at any time at Lenders options any parcel portion or allot the Property.
<br />(r) take or release any other or add itepnal sec unly for any o b liq.!,on herein meat toned Girl,!', make compositions o, other arrangements with debtors In relation
<br />thereto
<br />(cl FOrOelgrK! t)1 Lender Not a Walker. Any forbearance by Lender rn exera ,g any right or remedy hereunder, or otherwise afforded by applicable
<br />law shall net be a waiver of or preclude the exercise o! any such rignt or remedy The plocee, nt Ofuls -ance or the payment of taxes or other liens or charges
<br />by Lender shell net be a waiver of Lenders right to accelerate the inatunty of the indebtedness secured by this Deed of Trust
<br />(dj Sueepaen and AwlSna Sound: Joint and Several Liability; Captions. The covenants and agreements herein contained shall bend. and the rights
<br />hereunder shall more to. the respective successors and assigns of Lender and Borrower suhlect to the provisions of paragraph 8 (e) hereof All covenants and
<br />agreements Of Borrowersha!i beloint and several The captions and headings of the paragraphs ct this Deed or Trust are for convenience only and are not to be
<br />used to interpret or defaM the provisions hereof
<br />(e) ^64serN lot Netieea. The parties hereby request that a copy of any notice of default hereunder and a copy of any nonce of sate hereunder he malted to
<br />each party tolhls 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 lot in this Deed of Trust shall be given by mailing such notice by cerlilied mall addressed to!he Other
<br />parties, at the address set forth above
<br />Any notice provided lot in this Deed of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein
<br />11) In"facben. Lender may make or cause to be made reasonabl^ Hiles upon andlnspechons of the Property provided that Lender shall give Borrower
<br />notice prior to any such inspection Specifying reasonable cause Iherelrp related to Lenders interest m the Property
<br />(g) Reconer"anee. Upon payment of all sums secured by this Deed of Trust. Lender shah request Trustee to reconvey the Property and shall surrender
<br />thus Dead of Trust and ail notes evtdence ng indebtedness secured by this Deed of Tfusl to Trustee Trustee shall reconvey the Property without warranty and
<br />vieMoul charge to the person or persons legally entitled thereto Such person or persons shah pay all costs of recordation !any
<br />(h) Petval"Property,Seau"AgreanNnf. As additional security for the payment of the Note all hxrures, egwpreent, and other personal property used
<br />to connection with the fear estate or improvements located t hereon, and not otherwise declared or deemed to be a part of thereat estate secured hereby shahbe
<br />sub ^l to a security lntersolm favor of Ina Lender Under the Nebraska Uniform Commercial Code This o5trur-1 Shall bit construed as a Security Agreeerlent
<br />under said Code, and the Lender shall have all Me rights and remedies of a secured party under swo Code In addition to the -orris and remedies created under
<br />and accorded the Lender pursuant to this Deed of Trust.
<br />(II SasetiMllity• in the event that any provision at this Deed of Trust Conhecf with applicable law or ate decfated invalid or otherwise oriental crab le Such
<br />contruct ion invalidity shall not affect the other provisions of this Dead of Trust or the Note which can tie, given effect without the conflict q provision . and m ins
<br />end the provinglans fit the Deed of Trust and The Note ate declared to tie severable
<br />Borrower has axecutad this Deed of Trust the date written above
<br /><.s r r5' �
<br />n r,) war ( ward L. Janda )
<br />fy'*
<br />h(ainiwe, (Clara R. Janda )
<br />p t
<br />OW
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