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~~-f~oooo~ 6. Preservation and Ivlaintenance of the Pro rt .Borrower wdt keep the buildings and other improvements now or ereafter erected on the Property in -repair and condition and will not commit or permit waste, will noG alter the design or structural character of anp building now or hereafter erected nn the Property without khe prior written consent of bender, wilt not downy act or thing which would unduly impair or depreciate the value of the Property and will not abandon the Property. Borrower will not remove any fixtures inc}uded in the Property unless the same are immediately replaced with like property subject to the lien and-security interest oLthis Trus4 Deed and of at least equal value and utility. Borrower will comply with all present and future ordinances, regulations and requirements of any governmental body which are applicable to-the Property and to the occupancy and use thereof: If this Trust Deed is on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the declarations or covenants creating or governing the condominium or planned unit development, the bylaws and regulations of the condominium or planned unit development„ and the constituent documents. Z. Ins-petition. Lender ar its agents may, at all reasonable times, enter upon the Property fox the purpose of inspection. Lander shall have nn duty to make such inspection and shalt not be liable to Borrower or to any person in possession if it makes or fails to make any such inspection. 8. Protection of Lender's Security. If Borrower fails to perform any of khe covenants and agreements contained in this Trust Decd or if any action or- proceedings is commenced which does or may adversely effect the Property or the interest of Borrower or Lender therein or the title of Borrower thereto, then Lender, at its option, may perform such covenants and agreements, make such appearances, defend-against and investigate such action ar proceeding, and take such other action as Lender deems necess- ary to protect i4s interest including, but not limited to, disbursement of reasonable attorney`s fees and entry upon the Property to make repairs. Any amounts disbursed by Lender pursuant to this paragraph 8, with interest thereon, shall become additional indebtedness of Borrower secured by this Trust Deed. Unless Borrower and Lander agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment t.hereot, and shall beaz interest from the date of disbursement at the rate payable from time to lime on outstanding principal under the Note. Notaing contained irs this paragraph Rshall-require Lender to incur env expense or take any action hereunder. Borrower irrevexabiy authorizes and empowers Lender to enter upon the Property as Borrower's agent and, in Borrower's name or otherwise to pert'orm any and all covenants and agreements to be performed by Borrower as herein provided. Lender shall, at its opkion, be subrogated to any encumbrance, lien, claim or demand and to ail rights and securities for the payment thereof paid ar discharged by Lender under the provisions hereof and any such subrogation rights shall be additional and comets- live serursty for this Trust Deed. 9- t:ondemnaiion- The proceeds of any award or claim for damages, direct or consequential, in connection with any condemna- tion or ocher taking of the Property, or part thereof. or for maveyance in lieu of or in anticipation of condemnation, are hereby assigned to and shall be paid to Lender. Borrower will file and prosewte, in good faith and with due deligenee, its claim for any such award ar payment, and will cause the same to be collected and paid to Lender, and, should it fail io do so, Borrower irrevocably authorizes and empowers bender, in the name of Borrower or otherwise, to file, prosecute, settle or compromise any such claim and to collect, receipt for and retain the proceeds. If the Property is abandoned by Burrower, or it, after notice by Lender to $orrower Chat the condemnor otters to make an award or settle a claim for damages. Borrower fails to respond to bender within thirtc !30? days after the date such notice is mailed. Linder is authcrized to cvlleet and apply the proceeds in the manner indicated herein. The proceeds at any award or claim may, after deducting all reasonable coals and expenses, including attorney fees, which may have been incurred by Lender in the ra3}action thereof. at the sole discretion of Lender, be released to harrower. applied xn restoraiivn of the Property, or applied to the payment of the Indebtedness. Linless Lender and Borrower otherwise agree in writing, any such apptica[ian of proceeds to Indebtedness shall not extend ar postpone the due date of the monthly installments referred Lo in paragraphs 1 and 'L heteoE or change the amount of such installments. 10, Borrower Not Released. Extension of the time for payment or modification of any amortization of the Indeb~~adness gran4ed by .ender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Harrower and Borrower's successors in interest. Lender shall not be requited tv commence proceedings against such successor or refuse to extend time !ar payment or otherwise modify amorzizatian of Che indebtedness by reason of any demand made by the ariginai Harrower and Borrower's successors in internat. il. Fcubearance by.L,en~er Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or other- wise, aifortfed ~tv applieatfi~ law, ~5ali nut 6e a waiver of or preclude the exercise a[ any such right or remedy. "Phe procurement o[ insuesnee car the payment of taxes ar the dixharge of liens nr charges tsy ixnder shall not be a waiver of Lender's right to accelerate the maturity of the Indebtedness. 1'>. Remedies Cumulative. AII reme+iies provided in this 'trust Deed are distinct and cumulative to any ether right or remedy under this Trust Decd ar of€orded by taw or equity, and may be exercised coneurrcntly, independently nr successively. Duties impaseti upon hander under this Trust feed and under any ether document evidencing indebtedness nr other eailateeal security shalt not be cansuruetl to be cumulative and shall be construod in the context of the purpose of the document and the nature of the particular eniisterai. In the evani of incanstatency between such documents as to such duties, the terms of this Trust Dead shall evnttvl. ~- _ _„- -.,,,,~ `.- _ abitit}•; i,aptians. •I'he rovenanis and agreements herein contained 1S. 4uccrssars and Asst ns Bound; Joint end Several It shall bind, and the rigStts hereunder shall inure to, tie respeci.ioe successors and assigns of Lender and }3orrower, subject to the provisions of paragraph L81f1 hereof. all covenants and agreements of Horrower shall be joint xnd several, The captions and headings of the paragraphs of this '17usC Deed are tar convenlenco only and are not to he used to interpret yr define the pro- visions hereof. id. \oiice, Except far an}• notice required under applicable law w be given in another manner, ta} any notice to Burrower provided for in this Trust Deed shat! be given by mailing such notice by ceriit'ted mail addressed to Borrower at the Property Addresx pr at such other address as Hacrawer may designate by notice to Lender as provided herein, and lb' any notice w Lender shall be given by certified mail, return receipt requested, to Lender's address stated hereir. nr Co such other address as bender may designate by notice to Borrower as provided herein. Any notice provided for in this Trust Deed shall be deemed to have been given W $orrower or lender when given in the manner designated herein. I5. (iovernin~Law; Severabiiity. "l'ttis Trust L>eed shall be governed 6y tfie laws cat the :rate of Nebraska. Ln the event that any provisgan er cinuac~tt'>u- Trust ~D~ad :~,n,....4> :vitb appii~b:~ law, -uch rootlet shall not affetii other provisions of [his Trust. tJ J