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DAVID EPLEY DERRICK EPLEY 200509816 09/29/2005 9. Condemnation. The prQceeds .of any award .or claim fQr damages, direct .or cQnsequential, in CQnnectiQn with any cQndemnatiQn .or .other taking .of the Property, .or part thereQf, .or fQr cQnveyance in lieu .of cQndemnatiQn, are hereby assigned and shall be paid tQ Lender, subject tQ the terms .of any m.ortgage, deed .of trust .or .other security agreement with a lien which has pri.ority .over this Deed .of Trust. 10. Borrower Not Released; Forbearance By Lender Not a Waiver. ExtensiQn .of the time for payment .or mQdificatiQn of amQrtizati.on .of the sums secured by this Deed .of Trust granted by Lender tQ any successar in interest .of Borrawer shall nQt .operate tQ release, in any manner, the liability .of the .original Borrawer and Borrower's succeSSQrs in interest. Lender shall nQt be required tQ commence proceedings against such successar .or refuse tQ extend time for payment .or .otherwise mQdify amQrtizatiQn .of the sums secured by this Deed .of Trust by reasan .of any demand made by the .original BQrrQwer and BQrrawer's successars in interest. Any farbearance by Lender in exercising any right .or remedy hereunder, .or .otherwise afforded by applicable law, shall nQt be a waiver .of .or preclude the exercise .of any such right .or remedy. 11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The cavenants and agreements herein cQntained shall bind, and the rights hereunder shall inure tQ. the respective successars and assigns .of Lender and BQrrQwer, subject tQ the pravisiQns .of paragraph 16 hereQf. All CQvenants and agreements .of BQrrawer shall be jQint and several. Any BarrQwer wha ca-signs this Deed .of Trust, but daes nat execute the Nate, (a) is ca-signing this Deed .of Trust .only tQ grant and CQnvey that BorrQwer's interest in the Property tQ Trustee under the terms .of this Deed .of Trust, (b) is nQt persQnally liable .on the NQte .or under this Deed .of Trust, and (c) agrees that Lender and any other BQrrQwer hereunder may agree ta extend, mQdify, forbear, .or make any .other accQmmodatiQns with regard tQ the terms of this Deed .of Trust .or the Note, withQut that BarrQwer's cansent and withQut releasing that Barrower .or mQdifying this Deed .of Trust as tQ that BQrrower's interest in the Property. 12. Notice. Except for any nQtice required under applicable law ta be given in anather manner, (a) any nQtice tQ BQrrower provided fQr in this Deed .of Trust shall be given by delivering it .or by mailing such nQtice by certified mail addressed ta BQrrQwer at the PrQperty Address .or at such ather address as Barrower may designate by nQtice ta Lender as prQvided herein, and (b) any nQtice tQ Lender shall be given by certified mail tQ Lender's address stated herein .or tQ such ather address as Lender may designate by natice tQ BQrrawer as prQvided herein. Any nQtice provided fQr in this Deed .of Trust shall be deemed ta have been given tQ BQrrawer .or Lender when given in the manner designated herein. 13. Governing Law; Severability. The state and lacallaws applicable ta this Deed .of Trust shall be the laws .of the jurisdictiQn in which the Property is IQcated. The fQregQing sentence shall nat limit the applicability .of Federal law tQ this Deed .of Trust. In the event that any provisian .or clause .of this Deed .of Trust .or the Nate cQnflicts with applicable law, such cQnflict shall nQt affect .other provisians .of this Deed .of Trust or the NQte which can be given effect withQut the cQnflicting prQvisiQn. and to this end the provisiQns of this Deed .of Trust and the Nate are declared to be severable. As used herein, "CQsts", "expenses" and "attarneys' fees" include all sums to the extent not prQhibited by applicable law or limited herein. 14. Borrower's Copy. BQrrQwer shall be furnished a canfarmed CQPy .of the NQte and .of this Deed .of Trust at the time .of executiQn .or after recQrdatian hereQf. 15. Rehabilitation Loan Agreement. BQrrower shall fulfill all .of BQrrower's QbligatiQns under any hQme rehabilitatian, imprQvement, repair .or ather IQan agreement which BQrrQwer enters intQ with Lender. Lender, at Lender's QptiQn, may require BQrrawer tQ execute and deliver ta Lender, in a fQrm acceptable tQ Lender, an assignment .of any rights, claims .or defenses which BQrrQwer may have against parties whQ supply labar, materials or services in connectian with improvements made tQ the PrQperty. 16. Transfer of the Property or a Beneficial Interest in Borrower. If all .or any part .of the Praperty .or any interest in it is SQld .or transferred (.or if a beneficial interest in BQrrQwer is saId .or transferred and BQrrawer is nQt a natural persQn) withQut Lender's priQr written consent, Lender may, at its QptiQn, require immediate payment in full .of all sums secured by this Deed .of Trust. HQwever, this QPtiQn shall nat be exercised by Lender if exercise is prohibited by federal law as .of the date .of this Deed .of Trust. If Lender exercises this QptiQn, Lender shall give Barrawer nQtice .of acceleratian. The nQtice shall prQvide a periad .of nat less than 30 days fram the date the nQtice is delivered or mailed within which BarrQwer must pay all sums secured by this Deed of Trust. If Barrawer fails tQ pay these sums priar ta the expiratian .of this periad, Lender may invake any remedies permitted by this Deed .of Trust withaut further nQtice .or demand on Barrawer. NON-UNIFORM COVENANTS. BQrrawer and Lender further CQvenant and agree as fQllaws: 17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's breach of any covenant or agreement of Borrower in this Deed of Trust, including Borrower's failure to pay, by the end of 10 calendar days after they are due, any sums secured by this Deed of Trust, Lender prior to acceleration shall give notice to Borrower as provided in paragraph 12 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 20 days from the date the notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Deed of Trust and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the nonexistence of a default or any other defense of Borrower to acceleration and sale. If the breach is not cured on or before the date specified in the notice, Lender, at Lender's option, may declare all of the sums secured by this Deed of Trust to be immediately due and payable without further demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this paragraph 17, including, but not limited to, reasonable attorneys' fees. If the power of sale is invoked, Trustee shall record a notice of default in each county in which the Property or some part thereof is located and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to the other persons prescribed by applicable law. After the lapse of such time as may be required by applicable law, Trustee shall give public notice of sale to the persons and in the manner prescribed by applicable law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in such order as Trustee may determine. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or Lender's designee may purchase the Property at any sale. Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property sold. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and expenses of the sale, including, but not limited to, Trustee's fees actually incurred of not more than 5 % of the gross sale price, reasonable attorneys' fees and costs of title evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled thereto. Nebraska 26876-4 1198 Original (Recorded) Copy (Branch) Copy (Customer) Page 3 of 5