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<br />0 IfeeksW Q~n. Lender Is hereby assigned all camponaation, awards. damages and Piher payment* or relief (hereinafter "Procoods "I in connection with
<br />condemnation or clhsr taking of the Property or part thereof, or for eonwoyonaa in lieu of condsmnalun. Lender *hall be entitled at its option lit oommPnca, @pp@Pr in and
<br />prgstfPUto in its own name any action or proceedings, end shall alga pa onlolod to milk@ any compromise or settlement in connection with such Lakmq or damaQa In !n@
<br />event any portion of the Property is so taken or damaged, Lender shall have the option, in its Sea, and absolute discretion, to apply all such Pr"atoefa, after dRduoling
<br />lis"forn a" cost$ anclexperewas incurred by it in connection with such proceeds, upon any Indebtedness Secured hereby final ln such order go Lender ma ,0010mnP,orto
<br />appiy as Stroh Prcraaeds. after such deductions, to the restoration of the Property upon such conditiona as Lender may determine. Any application of Pr. @ td
<br />mosystaidnese Shag not axiemt or pompano the dua date of any payments under the Nato, or cure any default thereunder or hereunder.
<br />7. _ ,lay LSp . In the even of Borrower's failure to perform any of the covenants herein or make any payments required banality, or if any POt to taken or
<br />"I promea0milicismonanced which materially effects Lender's interest in the Property. Lender may in its own discretion. but without ablbgalion to deep. and without notice
<br />to or demand upon Borrower and without releasing Borrower from any obligation, do any act which the Borrower has agreed but fails to do and rosy Plop do any alhor alit it
<br />necessary to protest the Sacurdy hereof. Borrower shall, immediately upon demand therefor by Londar, pay to Lender all costa and oxponsaS incurred and sums
<br />expon0act byl. .r in connection with thatexerciso by Landerat the foregoing rights, together with interest thereon at the role provided in tholoolote, whictisholl be~ to
<br />this iftdsb4sd Secured hereby. Lender shall not incur any personal liability because of anything it may do of omit to do haroundor.
<br />[wMN of Polout The following shall constitute an event of default under this Dead of Trust:
<br />(a) Failure to pay any installment of principal or interest or any other sum secured hereby when duo, or failure to pay when duo any other indefMSdnoire of
<br />Borrower to Le ow:
<br />(b) A breach of or default under any provision contained in the Nola, this Daed of Trust, any document which secures the NOW. and any other
<br />encumbrance upon the Property.
<br />(c) A writ of execution or attachment or any similar process shall be entered against Borrower which shall become alien on the Properlyarany portion
<br />thereof or interest therein;
<br />(d) There shall be filed by or against Borrower an action under any present or future federal, slate 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 orot oil or any part of the Property, or
<br />the cents, issues or profits thereof, or Borrower shall make any general assignment for me benefit of creditors. -
<br />(a) The sate, 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 />(f) If Borrower is not an individual. the sate, transfer, assignment, conveyance or encumbrance of more than ______— percent of (if a corporation) its
<br />issued and outstanding stock or tit a partnership) percent of partnership interests.
<br />9. RatnadW*; Acc*W ten Upon Default. In the event of any Event of Default Lender may declare an indebtedness secured hereby to be due and payable and the
<br />some 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 interest in the Property to be sold
<br />and the proceeds lobe 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 name or in the name of the Trustee. and do any scls 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 or protect the security hereof and, with or without taking possession of the Property, sue for or otherwise collect the rents, issues and profits thereol,
<br />including those past due and unpaid. and apply the some, less costs and expenses of operation and collection mcludmg attorneys' fess, 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. issuesand
<br />profile 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 law upon occufance 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 file 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 hereafter existing at law or in equity or by statute. and may be exercised concurrently,
<br />independently or successively.
<br />10. Trustee. The Trustee may resign at any time 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 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, for all costs, compensation or expenses which may be associated therewith. In addition, Trustee may
<br />become a purchaser at any sale of the Properly (ludicial or under the power of sale granted herein): postpone the sale of all or any portion of the properly. 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 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 />eluding sums advanced to protect the security of this Deed of Trust, exceed the original principal amount stated herein. or$_39 QQQ_._QQ___ -__. -- .whichever is
<br />greater.
<br />Q. MtscoNannus Proyislons.
<br />(a) Borrower Not Refeased. 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. 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 Borrower and Borrower's successors in interest.
<br />(b) Lender's PoWors. 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 Property not then or theretofore released as security for the full amount of all unpaid obligations.
<br />Lender may, from time to time and without notice (it release any person so liable, (it) extend the maturity or alter any of the terms of any such obligations, (iii)
<br />grant other indulgences, (iv) refer, ^e 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 />(v) take or release any other or additional security for any obligation herein mentioned, or (w) make compositions or other arrangements with debtors in relation
<br />thereto.
<br />(c) forbeerarteeby Lobster Note Wawa. Any forbearance by Lender in exercising any right or remedy hereunder, or olherwiseeflorded 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 Assigns Bound; Joliet 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 8 (e) hereof. All covenants and
<br />agreements o1 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 />(a) Request for Magm. 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 to this Deed of Trust at the address set forth above in the manner prescribed by applicable law. 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 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 or Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein.
<br />(f) frlspeakotf. Lender may make or 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 to Lender's interest in the Property.
<br />(g) Redomeyeace. Upon payment of all sums secured by this Deed of Trust. Lender shall request Trusted 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) PanOhMPtopsfty, Stettdfy 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 lobe apart of the real estate secured hereby, shall be
<br />subject to a security interest in favor of the Lender under the Nebraska Uniform Commercial Code. This instrument shall be construed as a Security Agreement
<br />tinter said Code, 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 the Lender pursuant to this Deed of Trust.
<br />(o) SovwabWy. In tie event that any provision of this Deed of Trust conflict with applicable law or are declared invalid or otherwise 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 />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 />(William F.
<br />Kelleerlelrownr
<br />(13ue1a11 11. .
<br />Kit I or) Borrower
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