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<br />ti ljmIs N Olam", Lender is hereby assigned ail compensation awards, damages and other payments or relief (herlinafier PrgU n with
<br />condemnation or other taking of the Property or part thereof, or for conveyance lieu of condemnation Lender shall be entitled at its option to commence. appear in and
<br />prosecute in its own name any action at proceedings. and shall also be entitled to make any compromise or settlement in connection with such taking or damage - In the
<br />avant any portion of Ina Property is so taken or damaged. Lender shat] have the option in its sole and absolute discretion, to apply all such Proceeds. after deducting
<br />therefrom alf costs and expenses incurred by it in connection with such proceeds, upon any indebtedness secured hereby and in such order as Lender may determine, or IQ
<br />apply all such Proceeds. attar such deductions, to the restoration of the Property upon such conditions as Lender may determine. Any application of Proceeds to
<br />nea6 anon not extend or postpone the due date of any payments under the Note. or cure any default thereunder or hereunder.
<br />7. Pallet moves by Lealar. in the event of Borrower's failure to perform any of the covenants herein or make any payments required hereby, Ord any eta is taken or
<br />tagal proceeding commenced which materially affects lender's interest in the Property. Lender may in its own discretion, but without obligation to do So, and without notice
<br />to or demand upon Borrower and without releasing Borrower from any obligation. do any act which the Borrower has agreed but fails to do and may also do any other act it
<br />dooms necofaary 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 L.ansler to connection with the exercise by Lender of the foregoing rights. together with interest thereon at the rate provided in the Note, which shah be added to
<br />the secured hereby. Lender shah not incur any personal liability because of anything it may do or omit to do hereunder.
<br />®. 6lflttle of Default The following shall constitute an event of default under this feed of Trust:
<br />(a) Fiefule topay any installment of principal or interest orany other sum secured hereby when due, or failure to pay when due any other indebtedness of
<br />grower to Lender:
<br />flat A breach of or default under any provision contained in the Note, this Deed at Trust, any document which secures the Note, and any other
<br />encumbrance upon tae Property;
<br />(cl A writ ofexecubon or attachment or any similar process shall be entered against Borrower which shall become alien on the Property orany portion
<br />thereof of mlarast lateral
<br />(d) There shall be hied 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 />tin Fern$, last*$ Or profits thereof, ar 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 />involuntaniy. without the express written consent of Lender .
<br />if) it Borrower is not an individual the sale trans] @r, assignment, conveyance or encumbrance of more than _ 2:1 - - -. percent or (d a corporation) its
<br />tssu*d and Outstanding Stack or (if a partnershipl _. 25_..._ percent of partnership interests
<br />9 Remedial ACgNrstlem Upon 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 shelf tnaeupon become due and payable without any presentment, demand, protest or notice of any kind. Thereafter Lender may
<br />(al Demand that Trustee exercise the POWER OF SALE granted herein. and Trustee shall thereafter cause Borrowers Interest in the Property lobe sold
<br />and the proceeds to be distributed, all in the manner provided in the Nebraska Trust Deeds Act:
<br />(b) 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 Is own name or in the name of the Trustee. and do any eels 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 nereof 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 the same. less costs and expenses of operation and collection including attorneys fees. upon any indebtedness
<br />secured hereby, sit rn such order as Lender may determine The enter, ng upon and tak, rig 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 m possession of the Property or the collection. receipt and application of
<br />tents. issues or profits. Trustee or Lender shall be entitled to exercise every right provided for in any of the Loan Instruments or by law upon octurence o! any
<br />event of default. Including the fight to exercise the power of sale and
<br />Ic) Commence an action to foreclose this Dead of Trust as a mortgage apppntT a ec.e,ver . ar specifically enforce any of the covenants hereof:
<br />Noremody herein conferred upon at reserved to Trustee or Lentler is,mended to be e tclusiye eI is ny other remedy herein or by law provided or pet milled, but each shall be
<br />cumulative. Shen be in addition to every other remedy given hereunder - now nr hereatier I —sing M law or i- eCuity o, by statute and may be exercised concurrently.
<br />independently or successively
<br />10. Treela/. The Trustee may resign at any Line without cause and I. ginner n'ay at one lime a• :d woho.i cause appoint a successor or substitute Trustee. Trustee
<br />shop not be liable tot any loss or damage unless due to act, onabie req :,c{P.ncI, ; >• w:•il,;i r,.zC ond, ;c i an ; slims not br• reV -,lied is ia!'@ any action in connection with the
<br />enforcement of this Deed of Trust unless ,ndemn !red. in ."I"'g, for ail c O .b '_. : +n /+ a ..:.r expo' m, which in., be - Soc,ated therewith In addition, Trustee may
<br />become a purchaser at any sale Olt" Property Iiudic,ai or under the poweral saleitanir• ;t he•eui. pos ?pone the sale of au or any portion of the property as provided bylaw.
<br />or 2011 the Progeny as a whole . at ud separate parcels c+ ?ors
<br />11, Fwhare AdeeKM, Upon request at BO+rower Lender may . at its ::Vt :C;n. melee a)dihonsi and future advances and reaovances to Borrower. Such advances and
<br />rilWdvanaes. with interest therlord. anal] be stfi:urixl by this D@@d ? rus? At !�o !eme serail the ofincipai amount of the indebtedness secured by this Deed of Trust, not in-
<br />eludingsums advanced to protect ttteSecunlyo fth•s Daen crT lit 0 -1_ert ,e ,nq,ra ..�pi +`a _. refs,. .therein r,i5 _ _.. wmcheveris
<br />greater
<br />12. lalaoeaensotla PTOWkWerta,
<br />(al Owe IM Relhapd. Extension d the !line rcr I;aym €oi v, c :odiIaLa" of a— ,rhrauc,n of me sums secured by this Deed of Trust granted by
<br />Lender to any successof sr, m €entst of BilIcn e" ghau nr?i rIp@rat@ ! ; release :a any manner the iiabuay or the original Boi rower and Borrowers successors in
<br />Interest Lendef Shat! not be tMyuired fr+ commenCt' P •i:etad :ngv a9a1"1 rut: n sic cassnr fir rIflu, c to extend inne lorpaymeni or otherwise modify amortization
<br />of the sums secured by this Deed of T-s! by team ;rl any demands made by !ire o ginai Borrower and Borrower's successors in Interest
<br />(b) Le falllreMeR. Without allec °,nil the LAb d0yVfan,'Iher [,1-, 11,1! iabie for lee pavrrierncf any obligation herein mentioned. and without affecting
<br />the hen archarge 0!thxi t?a* ©ot Trustuponany to 1li,eG petyr ; ; ;trw.^.c :t the rotyx,nraced as security for the full amount of all unpaid obligations.
<br />Lender may. from timeto lime and without notice r! rescnase any is-1 1 s., tiahie e:. ettand the •na!uroy a, after any of the terms of any such obligations. (,it)
<br />grant athert+tduigences liv) releasea,•,econvey ot;: ai.sr: obese leawd J!tC, :,!'iveye ;3a+ any ia— a ?ie^det sopl,ens any parcel.port,Onor all of the Property,
<br />( v) tokeorrar eassany Other atscia,honaisecurity iii, it —,, +,bra ne,fair, e nv,n, Ake f irnpoSOrinsi), other alrange .ments with debtors inrelation
<br />thereto
<br />(e) Fetboararmw by Larder Mel awatvo.. Any Itrrb @era ^:.a by Lender In fixer :asmg a ny r; qet, femedi heteuncte, c, otherwise atforOed by applicable
<br />law. snail" ties waiver of or weciude thaeverc.ise ?any s;ich - =ght or remedy Tnepo<c;+ament<,, nsuranre of the payment o!laxes or other liens or charges
<br />by Lerr shat# nos M a waiver W L ®riders right to acc @l@ *ate the matu,;ty o1 th(! :ndebiedness sr:,curea by 1r, +5 Deed M Trust
<br />Idi / Mw► and IWirw Bowed: Joint sand Sewrat LkAoRtyl Captions. The covenants and ar3reements here,a contained shah bind, and the rights
<br />hareunder, shall mane to, cite reapecirve successors and assign* of Lender and Borrowe, . sunmc l to the pro—,ays of paragraph a let hereof Ali covenants and
<br />agr of eoirOxrer shall ta@point and beY @rat Thtcaphons and head,rgS or the paragraphs it 1h:s Deed of Trust are lot convenience only and are not to be
<br />used to utEertnall ar dehtW The orovvs,ons hereof
<br />(a) blot Metjaaa. The {tart es hereby r@du @S€ that a CCpY G! an notice at default hereande, and a (.t :py of any npbLF of sale hereunder be mailed to
<br />eachpaftytomis Deednt Trustal tneaddressset forth above!,, the mahne, presclibed byaapiicabie law Except tot any other notice required under applicable
<br />taw fo be given in another manner, any notice provided far in this Deed of Trust Shan be given by madrng such nChCe by certih @d malt addressed to the other
<br />parties, at rho address sal forth above
<br />Any fordo provided tot in this Deed of Trust shat be deemed to have been given to Borrower or Lender when given in the manner designated herein
<br />t!) lwapo~. Lender may make or cause to be made reasonableentrieti -pon andinspections of the Property . provided that Lender shall give Borrower
<br />rive l prior to Sny such inspection specifying reasonable cause therefor related to Lenders Interest in the Property
<br />Ig) Recernrvence upon payment o!aiil sums secured by this Deedof Trust Lender shall request Trustee to reconv @y the Proper y and shall 5urrenner
<br />this Deed of Trust and oil Harass ev,derecing mdobtedness secured by this Deed of Trust to Trustee Lustee span recor•vey the Property winoui warranty and
<br />wtddaW Gharga to talc p *Fran o+ pe +Son$ ie6jaliy entitled thereto Such person or persons shat pay all costs of recoroirt- i} any
<br />(h1 fhreertol Plapalty, iKWtly A*tallmant. As additional security for the payment of The Note at fixtutes. equipment. and other personal pfopertyus@d
<br />Inc: lion with me real estate or improvements located thereon, and not otherwise declared or deemed lobe apart of the tea; estate Secured hereby. $hanker
<br />subteaj ldasectnlymusha l,n favor of the Lendef under The Nebraska Uniform Commercial Code This instrum"hishall becohsto,ed ass Security Agreement
<br />uridea said Code acid the Leadw shall have an the rights and remedies of a secured party under said Code m addition to the rights and remedies created under
<br />AM ne"Ided "W Lander pursuant to thus Dead of Trust.
<br />Ill SNlta an u' the event that any prolns,on of this Deed at Trust conflict with applicable law or are declaredmvalid or othe—se unenfolCoabie. such
<br />coniticl of invalidity if,an :oaf a <leCt me Otrtat provisions tl1 this Daad O) T fus€ or the Note which can be given effect without the c ontlicting provision, And to this
<br />and The provisions at the Dead of Trust and the Note are declared to be severable
<br />'resret radi executed tnls of Trust Tice date written above
<br />` Bi >rraw @r (Lar`ry b. Cook)
<br />Bo,,,,a (klaflet K. Cook. ) ...
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