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fl,. gn**M Dona. Lender is hereby assigned all compensation. awards, damages and other payments or relief (hereinafter " Proccads") in connection With
<br />condemnation or olhar taking of the Property or part thereof, or for conveyance in 1 iau at condemnation. Lender shall Do 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 />overt any portion of the Property is so taken or damaged, Lander shall have the option, in its sale and absolute discretion, to apply all such Proceeds, after deducting
<br />/t�� therelttlrn as G date and axpensea incurred by it in connection with such proceeds, upon any indebtedness eecufed hereby and in such order as Lander may dalarmine. or to
<br />voce apply all Such Proceeds, attar such deductions, to the restoration of the Property upon such conditions as Lander may determine. Any application of Proceeds to
<br />a w W Mel nth extend or postpone the due data of any payments under the Note, or cure any default thereunder or hereunder.
<br />ease 7 Perliffissfalkeeby Loolles. In the event of Borrower's failure to perform any of the covenants heroin or make any payments required hereby, or it any act is taken or
<br />foglN prtoap0mg commenced wftich materially affects Lender's interest in the Property, Lander may in its own discretion, but Without Obligation 10 do so. and without notice
<br />- toot demand ulm 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 />4 drama noeft"fy to prolacl the security hereof. Borrower shall, immediately upon demand therefor by Lander, pay to Lander all costs and expenses incurred and sums
<br />expendled by Lamer In connaclon with the exerciN 11, Lander at the foregoing rights, together with interest thereon at the rate provided in the Note, which shall be added to
<br />rte indebtedness secured hereby. Lender shaft not incur any personal liability because of anything it may do or omit 10 do hereunder.
<br />S. %arias M CW%mK The following shall constitute an event of default under this Deed 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 other indebtedness of
<br />co 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 />IC) A writ 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 intomt therein;
<br />Id) There shag 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. 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 />the rents, issues or profits thereof, or Borrower shall make any general assignment for the benefit of creditors.
<br />(s) The sale, transfer, assignment, conveyance or further encumbrance of all or any part of or any interest in the Property. either voluntarily or
<br />involuntarily, without the express written consent of Lender
<br />(I) If Borrower is not an individual, the sale, transfer, assignment. conveyance or encumbrance of more than.- ___. percent of (it a corporation) its
<br />issued and outstanding stock or (if a partnership) _. ____ _ percent of partnership interests
<br />9. ltlowAdk a) ACpNragen Upon Ootatdt. In the event of any Event of Default Lender may declare all Indebtedness secured hereby to be due and payable and the
<br />soma stall thereupon become due and payable without any presentment, demand, protest or notice of any kind. Thereafter Lender may:
<br />(a) 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 proceeds to be distributed, all in the manner provided In the Nebraska Trust Deeds Act.
<br />lot 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 at the Property. or any part thereof. in Its own name or In the name of the Trustee, and do any acts 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 orprotect 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 the same, less costs and expenses of operation and collection including allorneys' fees. upon any indebtedness
<br />secured hereby, all in such order as Lender may determine The entering upon and taking possession at 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 in possession of the Property or the collection, receipt and application of
<br />rents, issues or profits, Trustee or Lender shall be entitled to exercise every right provided for In any of the Loan Instruments or by taw upon occurence of any
<br />'., event of default. including the fight to exercise the power of sale. and
<br />Ic) Commence an action to foreclose this Deed of Trust as a mortgage, appolnl a receiver or specifically enforce any of the covenants hereof,
<br />No remedy herein conferred upon or reserved to Trusteeor Lender Is Intended to beexciusive of any other remedy herein or by law provided or permitted, but each shall be
<br />cumulative, shell be in addition to every other remedy given hereunder or now or hetealler existing at law or In equity or by statute.. and may be exercised concurrently.
<br />incispendentfy or Succesarvofy
<br />10. Trustee. The Trustee may resign at anytime without cause and Lender may at any time and without cause appoint a successor or substitute Trustee. Trustee
<br />shall riot be liable for any loss or damage unless due to actionable negligence or willful misconduct and shall not be required to take any action in connection with the
<br />enforcement of this Deed of Trust unless indemnified, in writing, tar all costs. compensation or expenses which may be associated therewith In addition. Trustee may
<br />becomes purchaser stony sale of the Property (judiciat or under the power of sale granted herein). postpone the sale of all or any portion of the property. as provided by law;
<br />or see the Property as a whole. or in separate parcels or lots
<br />11. Pulse%AdMW*il. Upon request of Borrower. Lender may. at its option, make adddionaf and future advances and readvances to Borrower. Such advances and
<br />readvances, with interest thereon . shalt be secured by this Deed of Tf ust At no time shall the principal amount of the Indebtedness secured by this Deed of Trust, not in-
<br />eluding sumsadvanced to protect the security of this Deed cl Trost . exceed the original principal .amount stated herein. or 5 40 r 000. a 00 , whichever is
<br />gnaw
<br />12 mmosowwow P/a fill"I
<br />18) Borrower Net ltspeason . Extension of the time for payment of 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 io 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 Borrowers successors In interest.
<br />(tit Lanl 9111"M . Without affecting the liability of any other person liable for the payment of any obligation herein mentioned, and without affecting
<br />the lion or charge of this Deed of Trust upon any portion of the Property not then or theretofore released as sacunty for the full amount of all unpaid obligations,
<br />Lender may, from time to time and without notice (o release any person so liable. I it) extend the maturity or alter any of the terms of any such obligations. (iii)
<br />grant other indulgences. Iiv) release or reconvey, or cause to be released or reconveyed at any time at Lender's options any parcel. portion or all of the Property,
<br />(vl take or release any other or additional security for any obligation herein mentioned. or (vi) make compositions or other arrangements with debtors in relation
<br />thereto
<br />tea Iterboaraaeaby LesioMr lletle seder. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable
<br />taw, shall not bee waiver, of or preclude theexetose of any such right or remedy The procurement of insurance or the payment of taxes or other liens or charges
<br />by Lander shelf not boa waivfar d1 Lenoer's right to accelerate the maturity of tits Indebtedness secured by this Deed of Trust .
<br />fdl grrstaaaera ate Assigns Bernd: JOpnl and Sereral LiabWy: Captions. The covenants and agreements herein contained shall bind, and the rights
<br />tteraun(W shag mure to. the respective successors and asstgns of Lender and Borrower, subject to the provisions of paragraph 8 (e) hereof. All covenants and
<br />agreements of Borrover"I be point and several Tne captions and headings of the paragraphs of this Deed of Trust are for convenience only and are nor lobe
<br />used to rMili prel or define the provisions hereof
<br />(at $MquomMNalfaaa. The parties hereby request that a copy of any notice of default hereunder and a copy of any notice of sale hereunder be mailed to
<br />each party tolhis Deed of Trust at the address set forth above In the manner prescribed by applicable taw Except for any other notice required under applicable
<br />law to be given In another manner any notice provided for in this Deed of Trust shalt be given by matting such notice by certified mail addressed !o the other
<br />Wrote. or the address sat forth above.
<br />Any notice provided for in this Deed of Trust shalt be deemed to have been given to Borrower or Lerder when given in the manner designated herein.
<br />(f) MaIf All .Lender may make or cause to be made reasoa+`3le entries upon and in spec) tons of the Property. provided that Lender shall give Borrower
<br />rofela preer to any such utspectfon Specifying frossionallate cause therefor related to Lender's interest in the Property.
<br />Ig) flrKansayonae. Upon payment of all sums secured by this Dead of Trust. Lender shall request Trustee to reconvey the Property and shall surrender
<br />true Deed of Trust aro all notes evidencing -clobtedriess secured by this Deed of Trust to Trustee Trustee shalt reconvey the Property without warranty and
<br />without charge to tha person or persons legally entitled thereto Such person or persons shall pay all costs at recordation, It any
<br />(h) Per son M► raparty, tieoWityApeaaseM. Asaddtionat Security for the payment of the Note fill fixtures. equipment. and other personal property used
<br />it, connection W" the reel estate Or Improvements located thereon, and not otherwise declared or deemed to be apart of the real estate secured hereby. shall be
<br />t to a sec trity mterost in favor of the Lender under the Nebraska Uniform Commercial Code This lnstrumiini shall be construed as a Security Agreement
<br />under wild Code. and the Lender Shaa have all the rights and remedies of a secured party under said code In addition to the fights and remedies created under
<br />and accord Erie Landes pursuant to this Deed of Trust
<br />(tl V. Inme event that any provision of this Deed of Trust conflict with applicable law or are declared Invalid or otherwise unenforceable such
<br />conflict of reivathdity, stroll not affect tree oftier provisions or this Deed of Trust- he Note which can begtven effect without the conflicting provision. and toth,s
<br />and Pone pr of the Deed of Trust and the Note are declared to be sgverable
<br />r wise/ It" executed this Deed it Trust the date written above.
<br />I J :Y
<br />(Paul E:. Graham) bi irowm
<br />� r
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<br />if o.... user
<br />(�lainf• ��rahrim)
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