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<br />b L1MfreM VolesNn. Lander is hereoy assigned all compensation, awards, damages and other payments or rebel Ihermnaltar 'proc:eeds') In connection will)
<br />condemnahon of other taking of the Properly or part t hereof. or for conveyance In lieu of condemnation lender shall be all h It t l%Oph d n to core mence, appeafin and
<br />prosecutra 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 darnaga. In rho
<br />event any portion of the Property is so taken or damaged. Lender shall have the option, In Its sole and absolute dise,rofion. to apply all such PlOCaads, affar deducting
<br />therefrom an costsandexpenses incurred by it a connection with such procordis. upon any indeblednass secured hereby and in such ordaras Lender maydetermme. or to
<br />Apply all such Proceeds, after such deductions. to the restoration of the Property upon such conditions as Lender may determine Any application of Proceeds to
<br />indoevateness shall not oktOnd or postpone the due date of any payments under the Note. or cure any default thereunder or hereunder
<br />7. hAOnlrafraa by LarmW. In the event of Borrower a failure to perform any of the covenants herein or make any payment is required hereby, or if any act is taken or
<br />"I 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 ordemand upon Borrower and without releasing Borrower from any obligation, do any act which the Borrower has agreed but lads to do and may also do any other act it
<br />dam" repicesediry, 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 Lender in connection with the exercise by lender of the foregoing rights. together with mlereal thereon at the rate provided in the Note, which shall be added to
<br />the iodabtedness secured hereby. Lender shall not Incur any personal liability because of anything it may do or omit to do hereunder.
<br />8 (lvefw M . The following shall constitute an event of default under this Deed of Trust.
<br />JAI Fadureto pay any i nstalimend 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 Leader:
<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 />(CE A wfdol execution oraNactlment or any similar process shall beentereci against Borrower which shall become a lien on the Property or any portion
<br />thereof or interost therein;
<br />(d) There shad 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. inaMvency 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 Properly. or
<br />the reefs, issues or profits thereof, or Borrower shall make any general assignment for the benefit of creditors.
<br />(a) The sate, transfer . assignment, conveyance or further encumbrance of au or any part of or any Interest to the Property, either voluntarily or
<br />Involuntarily, without the express written consent of Lender
<br />if) It Borrower is not an individual . the sale, transfer, assignment . conveyance or encumbrance of more than ,. 2-5—. percent of (tl a corporation) its
<br />issued and outstanding stock or (d a partnership) -- __25 - percent of partnership Interests
<br />g INlnedies; AccellMOoe Upon Ddautt. in the event of any Event of Default Lender may declare an Indebtedness secured hereby lobe due and payable and the
<br />same %ball thereupon become flue and payable without any presentment, demand, protest or notice of any kind Thereafter Lender may
<br />III; Demand that Trustee exercise the POWER OF SALE granted herein and Trustee shall thereafter cause Borrowers Interest in the Property to be sold
<br />and the proceeds to be distributed, all in the manner pfov,ded In the Nebraska Trust Deeds Act
<br />lb) 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 . color upon and take possession of me Property . er any part Merecf. 4s own name or in the name of the Trustee, and do any acts which
<br />If deems necessary or desirable to preserve the value marketability or rentability of the Properly. or Dart thereof or Interest therein. Increase the income
<br />therefrom or protect the security hereof and, with or without fart Ing possession �fthe Piopef ty sue for of otherwise collect the rents. Issues and profits thereof.
<br />Including those past due and unpaid, and apply the same.',ess costs and expenses of ope,aho, and collection Including attorneys fees, upon any indebtedness
<br />secured hereby, all In such nfder as Lender may determine T he enlering upon and inking possession of the Property, the collection of such rents. Issues and
<br />profits and the application thereof as aforesaid. shall not cure or wane any ,doer aur, ornonce, c! deli lit' he reunifer or mval sate any act done to response to such
<br />default or pursuant to such notice of default and "renthslandmg the continuance n possession of I -° operly or the collection, receipt and application of
<br />tents. issues of profits. Trustee or Lender shall be e^hned to exercise every nghr proy,ded for In any of the Loan mslrurnents or by law upon occurrence 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 mn• /gage apii0inl :> re<e:ver or sceGhcally enforce Any of the covenants hereof.
<br />No remedy herein conferred upon or reserved to T r,islee or t. ender :s "tended to be ea U tl S!ye n) any Jibe, remedy here In or by law pi ovided or Penn Med . but each shall be
<br />cumulative, shall be in addition to every other remedy given hereunder or now i,r hereafter ex:stinq at slaw or In equity or by statute and may be exercised concurrently.
<br />independently or successively
<br />10, Tra"I". The Trustee may resign eI any lime w mcn i cause and Lender n:av at any I me and without cause appoint a successor or substitute Trustee. Trustee
<br />shall not be liable tot any toss or damage unless due to actionable oeq',gence or .0nut misconduct . and shah nut he required to take any action in connection with the
<br />enforcement of this Deed of Trust unless Indemnified. In wining, for au tests . c mpens.boo or e. peose.s which may be associated therewith In addition. Trustee may
<br />becomes purchaser at any sale of the Property qudiclai ar underlie power of sa;e grarued het ern', postpone the sale of all nr any portion of the property. as provided bylaw.
<br />or sell the Property as a whole. or in saparate parcels or trots
<br />11 Frpura AAaima. Upon request of Berm", Lender mdy at rs iipLOn. , ^.eke atldn „na :and f :i :ere nova ices and rnadvances to Borrower Such advances and
<br />roedyanCes. with interest thereon. shall be secured by this Deed �j Trust At no erne snagt till• 111r,c Ipai amount of the Indebtedness secured by this Deed of Trust, not in-
<br />eluding sums advanced to Protect the security of this Deedo' Trust..++teed the,, q ;sal ono pm amount stated herein cnj _ ___ . -. __ .whichever is
<br />greater
<br />72 Nweeftneous ProNSlem•
<br />(a) ft” -r MM gHeapd. Extension Bat tile: erne for payment or chodlhcabcn of amortization of the sums secured by this Deed of Trust granted by
<br />Lender loony successor ul mterest of Borrower shat' not operate 1D release :n any manner, the l :ablhty of file original Borrower and Borrowers successors in
<br />interest. Lender shall not be required tocommence proceedings against suc n successof 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 floe original Borrower and Borrowers successors in interest
<br />(b) LarA SPenvers. Without afferamg the iiibi I,ty Ot arty other person sable for the payment of any obngal ion herein mentioned. and without affedmg
<br />the hen or charge of (h,S Dee0 of Trust upon any portion of the Property not Ihen or theretofore released as security for the toil amount of all unpaid obligations.
<br />Lender may, from time to time and without notice 1,) release any person so liable . t ill extend the maturdy or after any of the terms of any such obligations. (iii)
<br />gfani Otherl ndu lgences.livirereaseorfeconve. or cause to be released bf feconveyed at any Inueat Lender's options any parcel, portion or all of the Property.
<br />(0 take or release any other or eddlbonat secuf Ity for any obligation herein mentioned orivtI make COmPOSitfpns or other arrangements with debtors in relation
<br />thereto.
<br />(c) FOrbeafamt by LOndH Plat a wawa. Any forbearance by Lender in exercising any right or remedy hereunder. or otherwise afforded by applicable
<br />law, shaft not bea wtuverof or prechldetne6xerclse o! any such r ight or remedy The procurement of insurance or the payment of taxes or other bens or charges
<br />by Lender shalt nor be a waiver of Lenders right to accelerate the maturity of the Indebtedness secured by this Deed of Trust
<br />(d) Guleeessers and Milliliters Bound; Joird and Several Listak"; Capffohs. The covenants and agreements herein contained shall bind. and the fights
<br />hereunder shall more lo. the respective successors and assigns of Lender and Borrower subject to the provisions of paragraph 8 (e) hereof All covenants and
<br />agreemenlsof Bdr(owershallbefomtandseve tat Thecaphonsand headings of the paragraphs of this Deed of Trust are for convenience only and are not to De
<br />used to Interpret of define the provisions hereof
<br />to) 1N/Wftforkiesses. The parties hereby request that a copy of any notice of default hereunder and a copy of any nonce of sale hereunder be mailed to
<br />each party to this Deed of T rust at the address set lorth above the mann et prescribed by applicable law Except for any other noncerequired under applicable
<br />taw lobe given in another manner. any notice provided for In this Deed of Trust shall be given by ma :img such notice fly certified mail addressed to the other
<br />parties, at the address set forth above
<br />Any notice piooded form ihrs Deed Of Trust Shall be deemed to have been given to Borrower or Lender when given In the manner designated herein
<br />(It lwpOEkOn. Lender may make or cause lobe made reasonable entries up-, and !nspecb Ohs of !he Property provided that Lender shall give Borrower
<br />malice poor to any such inspection specifyinq reasonable taus# therefor related fir Lenders interest in the Properly
<br />(gl IleOertwyaftse. UDnn payment pl a!'suites sett red by this Deed of Trust. Lender shah request Trustee to recoevey the Property and Shan surrender
<br />this Dead of Trust and all notes evidencing mdebtedness secured Dy this Deed of Trust to Trustee Trustee snail recunvey the Lroperty without wa nasty aria
<br />edlioul charge to the pemoh of persons legally entitled thereto Such pennon or persons shall pay all costs of recordation.:' any
<br />(h) /!/sofa Prep .Sftwft AgfaetneM. AS additional security for the payment of the Nowlin fixtures.egtppmenl. and other personal property used
<br />:connection with the real estate Of Improvements located thereon and ndt othervirse. Declared or deemed 10 chi a part of the real estate secured hereby, shall be
<br />selifect foalWCUnlyrrtterestm favor of She Lender under the Nebraska Uniform Commercial Code Th,s lnstrUmeni ghali ba construed ass SeCUrlly Agreement
<br />urldef said Code. and the Lender %bait have all tree rights and ternedies of a secured party under said Code in addition to the rights and remedies created under
<br />and accorded the Lender pors"m to this Deed of Trust
<br />I,) SowwobMy. in the event mat any provision o1 this Deed of Trust conflict with applicable law or are declared invalid or otherwise unenlofceabte. such
<br />confect or invalidity shall not affect the other provisions of this Deed of T rust or the Note which car) be given effect without Ise conflicting provision, and to this
<br />"a the prchootons of the Deed of Trust and the Note are declared to to, severable
<br />Botr€yaor has executed thus Dead of Trust the date written above C. C . & B Ccympan y,,
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