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fi Slaleanl Damaln, Lender is haraby aasignad all cump[msaoon . awards, damages And other payments or relief Inpromaher - Proceeds ) m connectioo with
<br />condemnalionor other joking of the Property or pail lhproof. or for conveyance inhouofcondemnation Lender shall ppanhneddlitsophontorammance ,appaarmanU
<br />proadculp In its own name any acllon of proceedings, and shall also be entitled to make any corripfomne or 6etllamonl In connection with Such Inking or damage. In the
<br />event any portion of the Properly is so taken or damaged. Lander shall have the option. in its safe and absolute discrahon, to apply all such Proceeds, after deducting
<br />Aw+�a
<br />rental am all costsond expensosmcurrad by It In connechon with such pror ands. upon any indebtedness secured hereby and in such order as Lander may dalermrne. or to
<br />V� tlpply all such Proceeds, after such deductions. to the restoration of the Properly upon such conditions as Lander may determine Any application of Proceeds In
<br />indebtedness shall not extend or postpone tha due date of any payments under the Note, of cure any default lheraundar or hereunder
<br />7. Porlorfaaneely LeaMr,Jn theavenl of 139rrower's fadufato perform any of thocovenents heroin or make any payments required hereby oril any act sloken or
<br />legal proceeding commenced which materially sffedls Lender's Interest In tho Properly. Lander may m its own discrabon, but without obligation follow, and without notice
<br />. to or ciamand upon So /rows / and without releasing Borrower from any obligation. do any act which the Borrower has agreed but f ads to do and may also do any olhor act it
<br />Spinal disease necessary to protect the security hereof. Borrower shall, immediately upon demand therefor by Lander, pay to Lender all costs and expenses incurred and sums
<br />expanded by Lender in connection with the exercise by Lender of the foregoing rights, together With interest thereon at the rate provided In the Nola, which shall be added to
<br />the indebtedness secured hereby. Lender shall not incur any personal liability because of anything it may do or ormd to do hereunder
<br />S. 1, is M Do" The following shall constitute an event of default tinder this Deed of Trust'
<br />(el Failure to pay any installment of principal or internal or any other sum secured hereby when due, oNaifure to pay when due any other indebtedness of
<br />IS Borrower to Lender;
<br />bal (b) A breach of or default under any provision contained in the Note, this Dead of Trust, any document which secures Ina Note. and any other
<br />encumbrance upon the Property;
<br />(c) Awrit ofeseeution or attachment or any similar process shall be entered against Borrower which shall become a Pen on the Property or any portion
<br />thereof or interest therein:
<br />(d) There shall be filed by or against Borrower an action under any present or future federal, stale or other statute, law or regulation raffling 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 tha Property. or
<br />the rends, 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 all or any part of or any interest in the Properly, either voluntarily or
<br />involuntarily, without the express written consent of Lender
<br />II Borrower is not an individual, the sale, transfer, assignment, conveyance or encumbrance of more than _. ____.__ percent Ol fu a cofporahonl its
<br />issued and outstanding stock or pl a partnership) _______.. percent of partnership interests
<br />9, AaYaad{et; AOeefaOtion Upon ONoWL In the event of any Event of Default Lender may declare all indebtedness secured hereby to be due 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 />(a) Demand that Trustee exercise the POWER OF SALE granted herein. and Trustee shall thereafter cause Borrower's mteresl m the Properly to be sold
<br />and the proceeds to be distributed all in the manner provided in the Nebraska Trust Deeds Act
<br />(b) Either to 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 Properly. or any part thereof . in its own name Orin thename of the Trustee. anddonny actswhich
<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 hereof and. with or without laking possession of the Property. sire for or otherwise Collect the rents.laseesand prohlsthereot,
<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 of the Properly, the collection of such rents, issues and
<br />profitsand the application thereof as aforesaid, shall not cure or waive any default or nonce 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 possessior of the Properly or the collection, receipt and application of
<br />rents, issues or profits. Trustee or Lender shall be entitled to exorciso 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 sate. 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 exc l usrve of any other remedy herein or by law provided or permitted. but each shall be
<br />cumulative, shall be in addition to every other remedy given hereunder or now or hereafter existing at law or m equity or by statute and may be exercised concurrently.
<br />independently or successively.
<br />10. Trustee. The Trustee may resign at any lime without cause and Lender may at any time and without cause appoint a successor or substitute Trustee. Trustee
<br />shall not be liable for any loss or damage unless due to actionable negligence or willful misconduct, and shall nor he required to take 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 />become a purchaser at any sale at the Properly (judicial or under the power of sale g ranted her e n ). postpone the sale of all or any portion of the property. as provided by law.
<br />or sell the Property as a whole, or in separate parcels or lots
<br />11. Future Advances. Upon request of Borrower. Lender may, at its option make additional and luture 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 ofthis Deed of Trust. exceed the original pnncipt I amount stated herein.or$ 47,.000_ D.Q_.__..._____.. whichever Is
<br />gresler.
<br />12. Mlocetianeotrs Provisions.
<br />in) Borrower Not Releaesd. Extension of the time for payment or modification of amoruzauon 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 to commence proceedings against such successor or 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 m interest.
<br />(b) Lendeet 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 Ihen or theretofore released as security for the full amount of all unpaid obligations,
<br />Lender may. from time to time and without notice Id release any person so liable. (it) extend the maturity or alter any of the terms of any such obligations. (lit)
<br />grant Other indulgences, (rv) release or reconvey. or cause to be released or reconvoyed at any I Ime at Lenders options any parcel, portion or all of the Property,
<br />(v) Inflator 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 />(c) Forbaaraneeby Lander Not a Waiver. Any forbearance by Lender in exercising any fight or remedy hereunder. or otherwise afforded by applicable
<br />law, shall not be a 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 Aff"ne Bound; Joint and Several Liability; Captions. 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 B (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) NagWtrf for l•otiOes. 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 io this Deed of Trust at the address set forth above in the manner prescribed by applicable law. Except lot any other notice required under applicable
<br />law to be given in another manner. any notice provided for in this Deed of Trust shall be given by mailing such notice by certified mail 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 />(1) Inspection. Lender may make of cause to be made reasonable entries upon and Inspections of the Property. provided that Lender shall give Borrower
<br />notice prior to any such inspection specifying reasonable cause therefor related Ir, Lender's interest in the Property
<br />(gj Neeonvoyanee. upon payment of all sums secured by this Deed of Trust, Lander shall request Trustee to reconvey the Property and shall surrender
<br />this Deed 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 or persons legally entitled thereto. Such person or persons shall pay all costs of recordation, it any
<br />(h) PorsmtN Properly, Security Agreement. As additional security for the payment of the Note all fixtures, equipment, and other personal property 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. shall be
<br />subject to a securely mteresl in favor f the Lender under the Nebraska Uniform Commercial Code. This instrum ml shall be construed as a Security Agreement
<br />under said Code. and the Lender shall have all the rights and remedies of a secured party under cord Code In addition to the rights and remedies created under
<br />and accorded the Lender pursuant to this Dead of Trust
<br />fit Sevo(SM". In the event that any provision of this Deed of Trust conflict with applicable law orate declared Invalid or otherwise unenforceable. Stich
<br />conflict or invalidity shall not affect the Other provisions or this Deed of Trust or the Note which can be given effect without the conflicting provision, and to this
<br />end the provisions of the Deed of Trust and the Note are declared to be severable
<br />Borrower has executed this Deed of Trust the date written above
<br />(Stewart 1 • Pasc Bolruwet�
<br />(Karen R. Pascoe) Berrnwe.
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