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d. Notmot Between. Lander is hereby assigned all compensation. awards, damages and Amer payments or relief lheramafter 'Proceeds') in connection with
<br />condemnation or other taking of the Properly or part thereof. of for conveyance In use of condemnation Lander shalt beenhtlod at its option to commence. appear In and
<br />prosecute in its own name any action or procaadmgs. and shall also be entitled to make any compromise or settlement in connec bon with such taking or damage- In Iho
<br />event any portion of the Properly is so taken or damaged, Lender shall have the option, In its sole and absolute discretion. to apply all such Proceeds. altar deducting
<br />nA therafrom all costs and expenses Incurred by it in connection with such proceeds, upon any indebtedness secured hereby and to such order as Lander may deforming. or to
<br />�etr spy as such Proceeds. after such deductions, to the restoration of the Property upon such conditions as Lender may determine. Any application of Proceeds to
<br />tdafll indebtad/grss shall not extend or postpone the due data of any payments under the Nola, or cure any default thereunder or hereunder
<br />+� 7. Perafnlanas by Lander. I rt the event of Borrowers failure to perform any of the covenants heroin or make any payments required hereby. or if any act is taken or
<br />was Mgal proceeding commenced which materially affects Lender's interest in the Property. Lander may in its own discretion, but without obligation to dose. and without notice
<br />�a to or demand upon Borrower and without releasing Borrower from any obligation, do any act which the Borrower has agreed but tans to do and may also do any other act it
<br />0 deems necessary to protect the security hereof. Borrower shall, immediately upon demand therefor by Lender. pay to Lander all costs and expenses incurred and sums
<br />�. expended by Lender m 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 />ilia indletitedneels secured hereby. Lender shall not incur any personal liability because of anything it may do or omit to do hereunder
<br />8. Ev Mil of 0~. The following shall constitute an event of default under this Dead 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 olherindeptadness of
<br />Borrower to Lender:
<br />Ili) A breach of or default under any provision contained in the Note. this teed of Trust, any document which sections the Note. and any other
<br />encumbrance upon the Property.
<br />(cl A writ ofexacution of attachment or any similar process shall be entered against Borrower which shall become a lion on the Properly or any portion
<br />thereat or interest therein:
<br />(d) Thom 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 relief for debtors. or there shall beappointed any trustee, receiver or liquidator of Borrower or of all or any port of the Property, or
<br />the rents. issues or profits thereof, or Borrower shalt 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 />rminfluntortly, without the express written consent of Lender
<br />(1) 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 of fit a partnership) ___ percent percent of partnership Interests.
<br />8. MoseNlee; Upon Derfou t. to the event of any Event of Default Lender may declare all indebtedness 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 />in) 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 piocarrade to be d atr,txuter! am in the manner provided in the Nebraska Trust Deeds Act,
<br />(b) Erthe, it - i ** by agent wire or wilhoul bringing any action or proceeding. or by a receiver appointed by a court and without regard to the
<br />adoquaCy of Itss0C4t ,l, ¢ay uoon and take possession of the Properly . or any part theraol, in its own name or in the name of the Trustee, and do any acts which
<br />it dresmis necosslart, rs =a to Per" -" the value. marketability or rentability of the Property, or part thereof or interest therein, increase the income
<br />lheretrarn 6,'pt a 14"6.y« -s +y r>@tecea +arvo w,in of without taking possession of the Property, sue foror otherwise collect the rents. issues and profits thereof.
<br />IrlCludtt9gt ;,w = as,d 414 apply the same less costs and expenses of operation and collection including attorneys' fees. upon any indebtedness
<br />socumelfteraby . au <,n svr as. :: +may ske7m!n„ne The entering upon and taking possession of the Properly, the collection of such rents, issues and
<br />profile 6rtd the ca&9^:`?e FS.'a'ag a?
<br />5ha8 net cure or waive any default or notice of default hereunder or invalidate any act done in response to such
<br />default or pumcr17 W, so+ — V ,'xvrau4i anc . notwomstand,ng the continuance in possession of the Property or the collection, receipt and application of
<br />rents. Issues or psx. u .3.v rr a;i be onto ied to exercise every right provided for m any of the Loan Instruments or by law upon occurence of any
<br />event 0 dalauh xr a s,'r ewcise ens powe, of sale and
<br />(c1 Commiewce ae'. - sit:, ti lt,s Deed of Trust as a mortgage appoint a recevet or specifically enforce any of the covenants hereof:
<br />No remedy herein contented upon= c,,r vsv veto T- wee o.,Lenderis intended lobe exclusive of any other remedy herein or by law provided or permitted, buteach analt be
<br />cumulative. shall be in adddion to 0—t ? re—e,1v 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. Trains. The Tfuslee may resign at any Cme without cause and Lender 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 or willful m,sconducl. and shall not be required to lake any action in Connection with the
<br />enforcement of this Deed of Trust unless ,ndemn,fied, m whfing, for all costs . compensation or expenses which may be associated therewith In addition. Trustee may
<br />become a purchaser stany sees nl the Properly (judicial or under the power of sale granted herein). postpone messier of all or any portion of the properly, as provided by law;
<br />or sell the Property as a whole. of in separate parcels or tots
<br />11. Fuoar*Adsanua. Upon request of Borrower. Lender may. at Its option, make additional and future advances and readvances to Borrower Such advances and
<br />readvances, with interest thereon. shall be secured by INS Deed of Trust At no time shall the principal Amount of the indebtedness secured by this Deed of Trust, not in-
<br />cluding sumsadvaneed to protect the security of this Deed of Trust, exceed the original pit papal amount stated herein. or $ 125..000.. 00 __ __________..._ , whichever is
<br />greater.
<br />12. MlaoaMn rous Provision.
<br />(a) Borrower Not ReleaNd. 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 original 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) L*fwWsPowers. Without affecting the liability of any other person liable for the payment of any obligation herein mentioned. and without affecting
<br />the lien or charge of this Dead 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 p) release any person so liable. till extend the maturity or alter any of the terms of any such obligations, list)
<br />grant other indulgences. (iv) release or reconvey, or cause to be released or reconveyed at anytime at Lender's options any parcel. portion or all of the Property.
<br />(v) take or release any other or additional security tot any obligation herein mentioned, or l vi) make compositions or other arrangements with debtors in relation
<br />thereto.
<br />(c) Forbaarahoeby Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, Or otherwise afforded by applicable
<br />low. shall not boa waiver of or preclude the exercise of any such right or remedy The procurement of insurance or the payment of taxes orother liens or charges
<br />by Leader shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Deed of Trust.
<br />(d) Saccola ors and Asstgm Bound; Joint and Several Liana"; CapOOns. The covenants and agreements herein contained shall bind, and the rights
<br />hereunder shall muns to. the respective successors and assigns of Lende' and Borrower, subject to the provisions of paragraph 8 (e) 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 convemence only and are not to be
<br />used to interpret or define the provisions hereof.
<br />(a) HagLvOtw Ohalles- The parties hereby request that a cop; of any notice of default hereunder and a copy of any notice of sale hereunder be mailed to
<br />each party to this Deed of Trust at the address set lorlh above in the manner prescribed by applicable law. Except tot 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 mail addressed to the other
<br />parties, at the address set forth above
<br />Any notice provided for in thin Deed of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein.
<br />(1) laspecton. Lender may make or cause to be made reasonable ,ntries upon and inspections of the Property. provided that Lender shall give Borrower
<br />notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property
<br />fg) Revoi wyanaa. 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 evreencing 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, d any
<br />In) Mori" Properly. Ncieft Agreement. As additional security for the payment of the Note ail fixtures, equipment. and other personal properly used
<br />in connection with the real estate or improvements located thereon, and not otherwise declared or deemed to "apart of thereat estate secured hereby, thah be
<br />subject tea security inter nif in favor of the Lander under the Nebraska Uniform Commercial Code This insli umanf shall be construed ass Security Agreement
<br />under nod Coda, and the Larder 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 to this Deed of Trust
<br />w. .
<br />(t) 81as/a.r. In tin event that any prowson of this Deed of Trust conflict with applicable law or are declared invalid or otherwise unenforceable, such
<br />conffict or invalidity shall not affect the other provisions of this Deed of Trust of the Note which can be given of lecl without the cool hcting provision. and to this
<br />end the provesrorts of the Deed of Trust and the Note are declared to be sevarsbfe.
<br />Sonmerser has executed this Dead of Trust the data written above. ^J
<br />LBonowe, (Gale E. MtAtrreeo� �w Galt., Me�t`t'�nbrink)
<br />nnrrnwe, (UlDOrllla K. MetALITIbrink)
<br />b
<br />+ t 1
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