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d Rmtall De1Rab1. Lender is hereby assigned all compansshon . awards . damagus and Other payments or relief Ihareuialler "Proceeds "l al conner:bdn with
<br />condemnation or other taking of the Property or pall thereof . pr for ennvayaneem6au nl connamnatinn Lender shall beentdled at its option locornmence appeannand
<br />prosecute in its Awn name any action or proceedings and shall also be entitled to make Our,, ompnonal5o or settlement in con floc lion with such taking Or damage Inlets
<br />event any Portion of the Property is so taken or damaged, Lender shall have Ilia Option. Inds solo and absohite Aiscrrtinn, to apply all such Proceeds after deducting
<br />therefrom all Costs and expenses incurred by it in connection with such proceeds, upon any indahtednass secured hereby and in such order as Lender may determine. of to
<br />apply all such Proceeds, after such deductions, to the restoration of the Properly upon such conditions as Lender may determine Any Application Of PTOCCO44 to
<br />iildebtadnesf she" not extend of postpone the due date of ary payments under the Note, or cure any default thereunder or hereunder
<br />t. PeAOf111anee by LOddar. In the event of Borrower'stauurato perform any of the covenants barren or make any payments lequued hereby, or if any act is taken or
<br />legal proceeding commenced which materially affects Lender s interest in the Property. Lender may in its own discretion, but without obligation to dO eO, and without notice
<br />fear demand upon Borrower and without releasing Borrower from any obligation, do any act which the Borrower has agreed but falls to do and may also do any other Oct it
<br />disease necessary 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 Lonefer in connection with the exatClse by Lender of the foregoing rights, together with interest maroon at the rate provided In the Note, which shall be added to
<br />the indebtedness secured hereby. Lender shall not incur any personal liabuity because of anything it may do or omit to do hereunder.
<br />a. Bratty of Daladt. The following shall constitute an event of default under this Dead of Trust
<br />//I���� la) Failure to pay any installment of pnnc opal or interest or any other sum secured hereby when due, or fail Lire to pay when due any other indebtedness of
<br />YK Borrower to Lender,
<br />(of 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 />lO encumbrance upon the Property.
<br />(c) A writ of execution or attachment or any sur ilarproress shall be enter__ ^d Against Borrower which shall become a lion on the Property or any portion
<br />O thereof or interest thereon;
<br />((If There shall be filed by or against Borrower an action under any present or future federal, slate or other statute, law Or regulation totaling to
<br />bankruptcy, insolvency or other elief 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 />' Me rents, issues or profits thereof, or Borrower shall 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 -he Properly, either voluntarily or
<br />too-M involuntarily. without the express written consent of tender
<br />w (1) If Borrower is not an individual. rho sale, transfer, assignment, conveyance or encumbrance of more than ._..._.. -___ percent of (if a corporation) its
<br />issued and outstanding Stock or (d a partnership) ____-percent of partnership interests
<br />9, Rnnedhr AeeaNntbn Upon DefauR. In the event of any Event of Default Lender may declare all mdehledness secured hereby to be duo 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 />fa) 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 provided 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. enter upon and take possession of the Property, or any part t he. reof. 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 OI the Property or part thereof or interest thereon, increase the income
<br />therefrom or protect the security hereof and, with or without taking possession of the Properly sue for or otherwise collect the rents, issues and profts 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, all in such order as Lender may determine The entering upon and taking possession of the Property the collection of such rents, issues and
<br />profits and the application thereof as aforesaid, shall not cure or wave any default or notice of default hereunder or invalidate any act done in response to such
<br />defaulter 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 fight provided for in any of the Loan Instruments or bylaw upon occurence of any
<br />event of default, including the right to exercise the power of sale. and
<br />(old Commence an action to foreclose this Deed of Trust as a mortgage appoint a receiver, or specifically enforce any of the covenants hereof:
<br />No ramedy hereon conferred upon or reserved to Trustee or Lender is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shalt be
<br />cumulative, shall be in addition to every other remedy given hereunder or now or hereafter existing at la W or in equity or by statute and may be exercised concurrently,
<br />independently or successively.
<br />10 Troaffee. The Trustee may resign at anytime without cause and Lender may at any tune and without cause appOinl a successor or substi;ute Trustee Trustee
<br />shah not be liable for any loss Or damage unless due to actionable negligence or wueul mist ^nducl and shall riot he reituued to lake any action in connection with the
<br />enforcement of this Deed of Trust unless indemnified, in writing, for all costs compensation Or expenses which may be associated therewith In addition, Trustee may
<br />becomes purCha ss, at any sofa Of the Property (judicial or under the power of sates anted here,m postpone the sale of all or any portion of the property, as provided bylaw:
<br />Or sell the Property as a whole, or in separate parcels or lots
<br />11. PYtWe AdtMNe. Upon request of Borrower, Lender may at Is option make additional antl fulute advances and readvances to Borrower Such advances and
<br />readvances. with interest thereon. shall be secured by this Deed of Trost At no time shall the pnnc,pai amount of file indeblednns5 secured by this Deed at Trust. not in-
<br />cluding sums advanced to protect the secur try of this Deed of T rust exceedtheongie aiormc,paiamountstatedherein is 40,000..00 - - - -- -- — whichever is
<br />greater
<br />12. MIMG*Naneew Prorfaions.
<br />its) sonewar Nat Ratasaed. Extension of the lime for payment Or rnodlfWahon of amortization of the sums secured by this Deed of Trust granted by
<br />Lender to any successor in interest of Borrower, shalt 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 Burrower and Bonowei, s successors in interest
<br />(b) Landar's Perm. Without affecting the lia bit, ty of any other person nabie for the pay ment ofa h y obligation here, n mentioned. and without affecting
<br />the lien or charge of this Deed of Trust upon any portion of Properly not then or theretofore reiease4 as security for the full amount of all unpaid obligations.
<br />Lender may, from time to time and without notice ill release any person so table . oil extend the maturity or after any of the terms of any such obligations. (In)
<br />grant Other indulgences. (wi release or rroconvey . or cause to be released or reconveyed al any time at Lender's options any parcel, portion or all of the Property.
<br />(v) take or release any other or additional 5ecanty lot any obtigal, on here, n mentioned oriv,)make r.ornpo5,hons or other arrangements with debtors in relation
<br />thereto
<br />(c) fMMafanta by Lender Not a Wanes. 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 lneexerc,seof any such right or remedy The procurement of,nsurance or the payment of taxes or other or charges
<br />by Lender shall not be a waives of Lender's right to accelerate. the maturity of the indebtedness secured by this Deed of Trust
<br />(d) B11ecessM and AsNgns Bound( Joint and $aMeral Liability; Capons. The covenants and agreements herein contained shall bind, and the rights
<br />hereunder shalt inure to the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 6 (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 convenience only and are not to be
<br />used to interpret or define the provisions hereof
<br />(e) Ravuest:ar Nolte ". The parties hereby request trial a copy of any noticeof default hereunder and a copy of any notice of sale hereunder be mailed to
<br />each party to this Deed of Trust al the address set forth above in the manner prescribed by applicable law Except for any other notice required under applicable
<br />isw to be given in another manner, any notice provided for in 1m,s Deed of Trust shall be given by mailing Such nonce by cerldied mail addressed to the other
<br />Writ at the address set forth above
<br />Any notice provided for in this Deed of Trust shall be, deemed to have been given to Borrower or Lender when given in the mariner designated herein
<br />(f) tnpoeftn. Lender may make or cause to be made reasonable enC"o; upon and inspections of the Property, provided that Lender shall give Borrower
<br />notice prior to any such inspection specifying reasonable cause thereto( reined to Lenders interest in the Properly
<br />(gf Rsoomoyaraee. Upon payment of all sums secured by this Deed of Trust. Lender shall request Trustee to reconvey the Property and shall surrender
<br />this Deets of Trust and ail notes ev,denc,og indebtedness secured by this Deed of Trust to Trustee Trustee shall reconvey the Properly without warranty and
<br />wnhpal Charge to the person or persons legally entitled thereto Such person or persons shall pay all costs of recordation. if any
<br />in) PseSe"Prp"."counity AgrHrtNnt. Asaaditionai security for the payment of the Note all fixtures, equipment. and other personal property used
<br />in ConfiachWi with the real estate or Improvements located thereon, and not otherwise declared or deemed to be a par I of the real estate secured hereby . shall he
<br />subi"t too security interest in favor of the Lender under the Nebraska Uniform Commercial Code Th,sin5lrum9ntshAllbecoristfue (rasa Secutity Agreement
<br />under Said COda, and the Lender 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 fire Lender pursuant to this Dead of Trust
<br />fie fnaraMMy, in the event that any provision of this Deed of Trust conflict with applicable law or ate declared invalid Or Otherwise unenlorceabfe .such
<br />eorehict dr myalidily toner not effect the other provisions of this Deed of Trust of the Note which can be Cover, effect without the conlhcting provision, and to this
<br />and the Wovisaans of this Deed of Trust and the. Note are declared to be severable
<br />grower rrea axa&utea7 this Deed of Trust the date written above.
<br />x,
<br />(Glenn E. Kitten) Bdrrnw"
<br />I), ,.mow,,,_
<br />M
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