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a v <br />L. <br />h glalaaat Demehn. Lender IS hereby assigned all compensation. awards, damages arid olhor payments or relief Ireremafter Proceeds ") in connection Willi <br />r. ontlamnatign or other tale Ing of Ilia Property err part Iharool, or far conveyance in lieu of c ondomnation. Louder shall bo antilla4 al its optipn to commpnca. appear in and <br />prpeg&utB in its own name any action or proceedings, and *hall also be entitled to make any compromise or stellampnt in connection Willi Such taking or damage- In the <br />event any portion of the Property is so taken or damaged. Lender shah have the optinn. In Its snip and absolute discrelionr to apply all such Proceeds. after deducting <br />therefrom all coal%and expenses incurred by It in connection with such proceeds, upon any indebted nose Secured herpby and In such order as Lender may determine, or to <br />apply all Utah Proposes. ahar such deductionq, to the restoration of the Properly upon much conditions as Lender may determine. Any application of Proceeds to <br />indebtedness Shall not extend OF poalpono the due data of any payments under the Note or cure any default thereunder or hereunder. <br />T. Yyl, legferJ ntheavan[ ofRotrowelsfailuretoperform4nyofthecovenantsheroinofmakeanypaymentsrequiredhereby .orifanyactistakenor <br />initial prasl+ng GommarrCad which matghally affects Lender 's Interest in the Property. Lender may in its own discrelion, but without Ppligalion to do so. and without notice <br />tow diamond upon Borrower and without releasing Borrower from any obligation, do any act which the Borrower has agreed but fella redo and may also do any olhor act it <br />deems necessary to protect the Security hereof. Borrower shelf, immediately upon demand therefor by Lander, pay to Lender all coats and expenses Incurred and Some <br />by Lender in connection with tho exercise by Lander of the foregoing rights. together with interest thereon at the rate provided in the Nole, which Shalt be added to <br />flee in@edln*a vicarial hereby. Lender Shall not Incur any personal liability because of anything it may do or omit to do hereunder . <br />a, gaatas of DetINN, The following shall conalduto an event of default under this Deed of Trust <br />(a) Failure to pay any inslalimeml of principal or interest or any other Sum Secured hereby When duo, or failure to pay when due any crinturindebloOnapoof <br />Borrower t0 Lander; <br />(b) A breach of or default under any prevision contained in Ine Note, true Dead of Trust, any document which Secures the Note, and any other <br />encumbrance upon the Property; <br />lot A writ of execution or attachment or any similar process shelf be entered against Borrower which shall become alien an the property or any portion <br />thereof or interest thererm <br />(d) There shall be tiled 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 at Borrower or of nil or any part of the Property, or <br />the 1011110, raSttes 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 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 __ ____ percent of (it a corporation) its <br />issued and outstanding stock or (il a partnership) — _.____ percent of partnership Interests. <br />g. Reenedfw; AtroMafatlen Upon Default. In the event of any Event of Delault Lender may declare all Indebtedness secured hereby to be due and payable and the <br />same shall thereupon become due and payable v::ac•.a 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 shaft thereafter cause Borrower's 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 Its own ra me or in the name Of the Trustee, and do any acts which <br />11 deems necessary or desirable to preserve the value, marketability or rentability of the Property, or part thereof or Interest Martin, increase the Income <br />therefrom or protect 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 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 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 Properly 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 law upon Occurence 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 mortgage. appoint a receiver, or specifically enforce any of the covenants hereof. <br />No remedy herein conferred upon or reserved to Trustee or Lender Is Intended to be exclusive of any other remedy herein or bylaw provided or permitted, but each shall be <br />Cumulative, shall be in addition to every other remedy given hereunder or now or hereafler existing at law or inequity or by statute. and maybe exercised concurrently, <br />independently or successively <br />1g. Trtrkw. The Trustee may resign at anytime without cause and Lender may at anytime and without cause appoint a successor or substitute Trustee. Trustee <br />shall not be liable for any loss or damage unless clue 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, lot all costs. compensation or expenses which may be associated therewith In addition, Trustee may <br />become a purchaser at any sale of the Property (judicial or under the power of sale granted herein I. 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. future Adverse". 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 this Deed of Trust At no time shall the principal amount of the indebtedness secured by this Deed of Trust, not in- <br />cluding sums advanced to protect the security of this Deed of Trust, exceed the original pnnripal amount stated herein. or g._3...QD0_G0_____- ____- ._.. whichever is <br />greater <br />112. MMaNOWOUs Provhlona. <br />(at Borrower Not Released. 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. Landershalt not be required to commence proceedings against such successor of refuse to extend lime 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 />(b) Lender's Powers. 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 Deed of Trust upon any portion of the Properly not then or theretolore released as security for the lull amount of all unpaid obligations. <br />Lender may. from lime to lime and without notice (f) release any person so liable. (n) extend the maturity or alter any of the terms of any such obligations, (m) <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) fake or release any other or additional security for any obligation herein mentioned. or (vi I make compositions or other arrangements with debtors in relation <br />thereto. <br />(c) frxMarar eatsy Lender Nola WaWer. Any forbearance by Lender In exercising any right or remedy hereunder, or otherwise afforded by applicable <br />law. shall not bea waiver of or preclude the exercise of any such right or remedy The procurement of Insurance or the payment of taxes or other liens or charges <br />by Lender shall not be a waiver of Lender's right to accelerate the maturity of the Indebtedness secured by this Deed of Trust. <br />(d) Successors and Assigns Bound; Joint and Several Liability; Capllons. The covenants and agreements herein contained shall bind, and the rights <br />hereunder shall inure to. the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 8 (e) hereof All covenants and <br />agreements of Borrower shall be joint and several The capeorls and headings oche 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) RogL* atw NYMOw. 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 joints Deed of Trust at the address set forth above in the manner prescribed by applicable law Except for any other notice required unde(applicable <br />law to" given In another manner. any notice provided for in this Deed of Trust shall be given by mailing such notice by cerldled man addressed to the other <br />parties, 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 manner designated herein <br />(f) hastaeflon. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that Lender Shan give Borrower <br />notice prior to any such inspection specifying reasonable cause therefor related to Lender's Interest in the Property <br />Ig) f1dooevayana. Upon payment of all sums secured by this Deed of Trust, Lender shall request Trustee to reconvey the Property and Shan sunendar <br />this Dead of Trust and all notes evidencing Indebtedness secured by this Deed of Trust to Trustee Trustee shall reconvey the Property without warranty and <br />without charge to the person of persons legally entitled thereto Such person or persons shall pay all costs of recordation, if any <br />(h) Pascual PrapaAy,fteeadfy, Agreement, AS additional security for the payment of the Note all 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 be apart of the real estate secured hereby, sha! I be <br />subjocl too security interest in favor of the Lender under the Nebraska Uniform Commercial Code. This inst rurnnnt shall be construed as a Security Agreement <br />under said Code, and the Lender mall 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 Dead of Trust . <br />(r) geseraYNNy. in the event that any provision of this Deed of Trust conflict with applicable law or are declared invalid of otherwisa unenforceable. such <br />conflict or invalidity shall not affect the other provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision, and to this <br />and fns provisions of the Deed of Trust and the Note are declared to be severable <br />Borrower has executed this Dead of T rust the date written above <br />41) othy J. avower ha l lr.r, A Widow) <br />__J ... <br />