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RR77 11 \�((��j)�66 66
<br />6 Eminent DOmain. Lender is nereby assigned an compA71,0�w,,1Jaln.Offd11rer payments or revel ll— emaller Proceeds 1 m cc:nnectmn wan
<br />condemnation ordfherlak,ngoi the Property or part thereof •a, for conveyance.,, lieu of con deninali on Lender shall beenntled at AS option fc,:cmmence appear—no
<br />proseCule in Its own name any action of proceedings. and shall also be entitled to make any comploml5e or Settlement m ConneCI,on with such taking or damage. In line
<br />event any portion of the Property .s so taken or damaged. Lender shall nave the option in Is sole and absolute discretion. to apply all such Proceeds after deducting
<br />therefrom all costs and expenses incurred by din connection with such proceeds. upon any indebtedness secured hereby and in such order as Lender may del ermme. or to
<br />apply all such Proceeds. aver such deductions . to the restoration or the Property upon such conditions as Lender may determme Any application of Proceeds to
<br />indebtedness shall not ex land or postpone the due date of any payments under the Note. or cure any default thereunder or hereunder
<br />T PeltOfManClby Lender. In the event of Borrower's failure to perform any of the covenants heremormakeany payments required hereby. Orif any act is taken or
<br />legal proceeding commenced which materially affects Lenders interest in the Property. Lender may in its own discretion. but without obligation to do so, and without notice
<br />to Or demand upon Borrower and without releasing Borrower from any obi .gallon. do any act which the Borrower has agreed but falls to do and may also do any other act it
<br />r oeenls necessary io 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 Lend erne Connection wan lheexercise by Lender of the foregoing rights. together with interest thereon at the rate provided in the Note, which shall beadded to
<br />the Indebtedness Secured hereby. Lender shall not Incur any personal liability because of anything 11 may do of droll to do hereunder
<br />9. Even b of DolarR. The following shall constitute an event of default under this Deed or Trust
<br />Ia) Fai o pay any installment of princ,pa lot,nlerasl or any other sum secured hereby when Cue . oria—eto pay when due any other indebtedness of
<br />Borrower to Lender'.
<br />(bl A breach of or default under any prov.sinn contained in the Note this Deed of Trust. any document which secures the Note, and any other
<br />encumbrance upon the Properly.
<br />(C) A writ ofexeeullon or attachment or any similar process shall be entered against Borrower which Shall become a lien an the Property or any portion
<br />Mentor of mlere9t inereIR
<br />to) There snail be tiled by or against Borrower as action under any present or future federal state or other statute. law or regulation relating to
<br />bank—ploy.—Solvency 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 bene4d of creditors
<br />fell The sale. transfer, assignment. conveyance or further encumbrance of all or any part of or any Interest in the Property. either voluntarily cr
<br />involuntarily. without the express written consent of Lender
<br />(t) 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 pt a partnership) s = =percent of partnership rote rests
<br />9 Retreats"; Aepalentbn Upon Default. In the event of any Event of Default Lender may declare all indebtedness securetl 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 Borrowers 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 />fbI Ether m person or by agent . with at without bringing any action or proceeding, or by a receiver appointed by a court and without regard to the
<br />atlegt,,c 01 tis secunty enter upon and lake possession of the Property, orally part thereof. in its own name or in the name dl the Trustee, and do any acts which
<br />It C...5 necessary or desirable to preserve the value. marketability or rentability of the Properly, or part thereol or interest therein. Increase the income
<br />therefrom or protect the security hereof and with or without taking possession of the Property sue tot 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 ante 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, nva i,date 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 he entitled to exercise every right prov:ded for in any of the Loan Instruments or by law upon occurence of any
<br />event of default including the right to e.etcrse the power of sale and
<br />(c) Commence an action to foreclose this Deed at 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 le mlenoed to be exclusive 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 - now or heleafter existing at law or in equity or oy statute and maybe exercised concurrently,
<br />independently or successwely
<br />tp TruaNll. The Trustee may resign at any time wdnout cause and Londe• m. =.y st anv time and wunout cause appoint a successor or substitute Trustee. Trustee
<br />shall not be liable for any loss of damage unless due to arillonable negligence or .v d itFjI conduct and shall not be required to take any action In connection with the
<br />enforcement of this Deed of Trust unless indemnified. in wnting. lot a'! costs . coin pc n5ah'n or erpense5 which may Me associated therewith In addition Trustee may
<br />becomes purenaseratany saleof as provided bylaw.
<br />or sell the Property as a wnote. c r e, separate parcels or rots
<br />11 Future Advances. Upon request of Borrower L - ,! s , 1' s -111 in ,.t .,,.,a .,,. e • +��_i -, I'll ,ea Cvanr es a, R ^Hower Such advances and
<br />readvances, with interest thereon. Shall be secured by Ilia D T r A. « a c , , e ,. ;r!rnehl .r ress sec Inca by :his Deed of Trust, not m-
<br />cludmgsu msadvanceato protect the security of In,s Deed of T...,sl 11., _.a .l.ar n,.•,'s lh•dhe,r-r. _ 20,000.0 .whicney¢r is
<br />greater
<br />12 Miscellaneous Provisions.
<br />(al Borrower Not Released_ Extension of the time fo, payment :n rn:x;:hcat,c• ar,..- nt•zabon of !ne -=.tints securetl by this Deed of T rust granted by
<br />Lender to any successor in interest of Borrower shall not opela!e!o 111 -se . n..e r �abi��ry of the original Bon owe, and Borrowers successors in
<br />interest any shall not be required to commence proceedrgs adairs's .... reset' f- .. t. or payment o, otherwise modify anlort —ton
<br />of the sums secured by this Deed of Trust by reason cl any mad ^ „T t' Bit•rcat. s. t Boncwer s successors In interest
<br />(b) Lender's Powers . Without affection the ,r, +a!i -i ^n Caeyn•.e 1. >am,obhgaI,On here.,, mentioned. and witnoutalfecting
<br />the lien or charge of this Deed of Trust u Pon any portion �f!he Pr ;; », r!v ^r.: -ne. .. .etorore •viersed as recur try to r in. 1.11 mount of a 11 unpaid obligations.
<br />Lender may, from time to time and without notice eleas, • y , _,., . ,. . ,.. a ter any of the I—ons of any such obligations. (n.)
<br />grant other Indulgences. fly) release or reconveye se to be easeC, o, . ,ni_ -te 1Leeder s options any parce1 . portion or all of the Property.
<br />(v) take or release any other or additional serially to, any Gnl�, ^at Cn nee- , maka'i - pb5li•onsorwhe- ,rengements with debtors in relation
<br />thereto
<br />(C) Forbearance by Lender Not a Wainer. An y fo,bea,ance by :c: -I;- e•er «:s: rg ^4 "re—dyne—de,. or otherwlseafforded by applicable
<br />law, Sha e
<br />ll not be a waiver of Or prec lude the exec! se a! an y 5uc el 'f'r'Fr c u ante or !he payment of taxes or other liens or charges
<br />by Lender shall not be a waiver of Lender s right !n acre e,a•a 11, ..14111 1 i..n,, .... ... . _ r y ma Deed o, Trust
<br />edl Bueeeasoa and Anigns Bound: Joint and Severn Liabnayt captions - c,_., <+n , m, n.5 , er. m contained snail bind and line ngms
<br />hereuntler shall inure t0. line respectwC successors and assvgns , r tends• e Eo• « c,. .1 pa•agrapn B Ie. col All covenants antl
<br />agreements of Borrower shall be joint and Several The canhr sa,r,r,,a „+ <_ -:, �,aa peer, ot's „Sr are For convenlence only and are not tobe
<br />used to interpret or define the pioylsions here'}
<br />(el RIWMNIorNotien . The parllesheretivreaues;;nT + 'a ) I G, r< al • ero„ af: yofany rot CeOfsareneretmder tie manedto
<br />each party to this Deed of Trust at me address selro"n aho�e n.e. - _ .. .t.,_ =.ri. -= cxceni fo•any older nDl ce,epu,red Under app.,catrle
<br />law to be given ,n another manner. any notice pr p+,d¢d !v`• ir... s .,E .d c« ,.st 5 ar , v e ...ma ..W,a Sut�. � a' : e by cerhtied mail addressed to the other
<br />parties, at the address set forth above
<br />Any notice provided for in this Deed of Trust shalt be deemed to have been ^n'en. I'D Bo•!ewe, c• Lecdel when q,ven n the manner designated herein
<br />(1) Inspection. Lender may make or cause to be^ade reasonabfeenthe5 upon and n5pectionS Ot t. ^.e Property plovidedlhal Lendershallgwe Borrower
<br />notice prior to any such inspection spec,fymg reasonable Cause therefor related I' Lender s ,n'eres! in the Property
<br />(g) Reeonrayanee. Upon payment Of all sums Secured by then Deed al Trust Leadershall request Trustee to reconvey the Property and shall surrender
<br />this Deed of Trust and all notes ev,Cen—g-Cebledhe555ecu ! air ! "s Deed o! Trust !_+ T rustee ',, ... ,.n.ey the Property withou!warranly and
<br />without charge to the person or persons !egally entitled lne,ete S-r, person or persons span pay 11:1 :oats or _'rOa, on .f any
<br />In) Personal P- "rty,Seeurity. Agibeminl As add,fiona: security for the Payment of the Note all ..lures equipment arid.th.rpe,,cnalp1.p.1lynsed
<br />In eOnneetlOn with find feel eS[dle Or.mpf OVementS 1pcdted!hereon and no!*ni wise Declared o• deemed t ofe a part of thereal estate secured hereby shallbe
<br />subject to a securtlymterest in favor of the lender under the Nebraska Uniform Commercial Code Th ,sinsirumentstianbeconstruedasa Secu,dy Agreement
<br />under said Code, and the Lender Shall have all the nghts and remedies of a secured party uncle, said Code m addmon to the rights and remedies created under
<br />and accorded the Lender pursuant to this Deed DI Trust
<br />(it SeeelNdnfy. in fine ¢von[ that any prpv,5•Gn Of this weed of Trust cOnnict wild dpphcd Cle law O• a•e dec!dreC invalid Dr Otherwis¢ unentorcfdble such
<br />conflict or invalidity Shan not affect the other provS,or,S Of th:s Deed D1 Trust o, the Note which can ee given Ilf-1 w,lhoul the c n nrucnngp,ov's.on andloih,s
<br />end the pfows,ons of the Deed of Trust and the Norte are declared to be severable
<br />Borrower has executed this Deed of Trust the date wnllen above /��/1
<br />LMarlin D. HartigBor,
<br />l�9ary A: rtig B r
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