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<br /> 'Proceeds")in,connect�on with condemnalion or other taking pt the Propeity or part thereof,or for�,onv�yanca ir�lieu ot condemnation. ,
<br /> Lendr,r shau be enti;�ed at its option to commer�ca,appear in and prosacute in its owre name any action or proceedings,and siiall a?sc �',�
<br /> ho�ntitlod ta mnkc��any compromiae or serilemont in connE:ction with such takln�or damage.In the eve�zt any portion o1 the Property is �
<br /> � eo faken or damaged, Londer shall have the optlon in ils solt� and absolute discretion,to apply a{{ s��ch prt�ceEds, aEtar deducting
<br /> �lr.�ihf�•�!+t r�f1 nrtMip Mr�M Mr�M1*+�wy I��MrH.►�rN►�y i�i++�snn��ctV�,fl w►tti sueh f�roceed�,upon an;�Indebtedness socured hereby and in t;ucl��
<br /> �� i�r r��l,ondqr mpy dk�torminG,or td apply ail such Procoods,after such deductions,to the restoratiun of the Property up�n su��con- �
<br /> � dltions as Lender may determine.Any appiication oi Proceeds to indebtedness st�aU not extend ar postpone the d��e date ot any pay- �
<br /> S ments under the Note,or cure any detault therounder c�herounder.Any unapplied tunds sYi�ll be paid to Trustor. �
<br /> � 8. Performance by lender. Upon ths occurrence of an Event of Det�,ult herounciQr, or if any act is taken or legai pre�ceeGing
<br /> � commei�cad which materially afiects Lendor's interest in the Property,�ender may in its own discration,but without obligal�nn tc?c?o so, �
<br /> and�,uithout notice to ar dem�nd upon Trustor and without releasing Trustor from any obligation,do any aci which Tn.istor has�z_�e•ed "�
<br /> but failed to do and may also do any other act it de.ems necessa,y to protect the security hereof. Trustor shall, im�: ,•r:a'ely upon
<br /> demand thereior by Lender,qay to Lender all costs and expenses+ncurred and sums expended by Lender in,,cannection wiiri the exer-
<br /> cise by lender of ths ioregoing rights, togethsr with inte�est thereon zi the default rate provide�in the Note,which shall be added to
<br /> tfie indebtedness secured heraby.Lender shall not incur any liability because of anythir.g it may do or omit to do hAreundor.
<br /> 9. Haza�dous �Aatorials. Trusior shall keep tha Propert�� in cumplianca with �l! appli:able lavrs, ordinances and n•gulations
<br /> relatirg to industriai hyc�iene or environmental protectfon (collectively referred to hereln as"Envfronmental Laws"). Trustor;:hall keep
<br /> � the Property trec froRi all substances deemod to bo hazardous or toxit under any Environmental Laws(collectively refQired to herein
<br /> as"Hazardous Materials").Trustor hereby warrants and represents to �.ender that there are no Hazardous Matenals on or u;ider tt;�,
<br /> � Property.Trustor hereby agree�to indemiiiiy and hold harmless Lender,?ts directors,ofiicers,employees and agents,and any succes-
<br /> sors to Lerde�s interest, trom and against any anc�ali claims,damages,lossos and Iiabilities arising in connection with the p�esence,
<br /> us�, disposai or transport of any Hazardous Materials on, under, from or aboul the Property.TH� FOREGOIiVG WARRA�:I'IES AND
<br /> REPRESFNTAIIONS, AND TRUSTOR'S OBLIGATI�NS PURSUANT TO THE FOREGOING INDEMNIT�', SHALL SURVIVE
<br /> RECONVEYAP�CE OF THIS DEED OF TRUST.
<br /> 10. assignments of Rents.Trustor hereby assigns to Lender,and grants Lender a secu�ry interest in,all aresent, future and
<br /> j� after arisiny-;ents,issues and profits of the Property;provided that Trustor shali,untif the occurrenc�a of an Event of Dsfault,hereunder,
<br /> � ha•�e the�, ,t ta collect and retain such rents,issues and p•ofits as they becom�due and payabla. Upo�the occurrence of an Event of -
<br /> Defaul' Le ider may, oither in person or ay agant, wfth ar w(thout oringir�g any action or proceeding, or by a receivar appo(nted by a
<br /> ( court and without regard to the adequacy ai its sacurity,enter upon and take possession of the Property,or any part tAereof,in its own
<br /> nams or in the name of the Trustee, and do any acts which it deems necessary or dosirable to preserve the value, marketability or
<br /> � rentabi(ity ot the i'roperty,or any part thereof c;r interest therein,or to increase the income therefrom or protect the securiry heroof and,
<br /> with or without tsking possession ot the Property,sue for or othervvise coligct the renis,issues and profits thereot,i,icluding those past
<br /> du�and unpaid, by natifying tQnants to make payments to Lender. Lenrar rr.ay appiy rents,issues and profits,less costs and expens-
<br /> es of operation and c:ollection including attomey's 7ees, to arty indebtedness secured hereby, all in such order as LendQr may deter-
<br /> rnine. The entering upon and taking possession of the Property, the cnilection of such rents, issuos and protits, and the application
<br /> . thereof as aforesaid stiall nat cure or waive any default or notice ot defauit hereunder or invalidate any act done in response to such
<br /> default or pursuar,t to such notice of default and, notwithsianding the continuar.�e �r± possesslon ot the property or the coilection,
<br /> receipt and applica!ion of rents, issues or profits,Tru,tee a�d Lender shall be e�iiti2d t�exercise every right provided for in any o1 the
<br /> Loan Instrumenis or by faw upon accurrence of any EvEnt of Det2ult,including without limitation the right to exercise the powor uf sale.
<br /> Further, Lendar's rights and remedies under this paragraph shatl be cumuiafive with,and in no way a limitation on,Lenders rights and
<br /> remedies undsr any assignment of leases and rents recorded against the Property. Lender,TrustQe and tlie receiver shail be liable to
<br /> 2c�ount�niv fnr those rents actually received.
<br /> 11.Events of Defaul4.The following shall con;.titute an Gvent ot Default under this Deed ot Trust:
<br /> (ai Failure t�pay any installment of principal or interest oi any other sum secured hereby when due;
<br /> (b)A breach of or dPfault under any provision cor�tained in the Note,this Deed of Trust,any of the Loan inslruments,or any
<br /> othar lien or encumbrance upon the Property;
<br /> (c) A writ of execution or attachment or any similar process shall be entered against Trusior whfch shall becoma a lien on
<br /> the Property or any portion therenf or interest therein;
<br /> (d)There shall be filed by or against Trustor or Borrower an aciion under any present or future federal,state or other statute,
<br /> law or regulation relating to bankruptcy,insolvency or other reliaf for debtors;or there shall bQ appointed any trustee,receiver or
<br /> liquidator of Trustor or Borrower or of a!I ar any part oi the Property,or the rents,issues or p�ro(its thereof,or Trustor or Borrower
<br /> shall make any genaral assignmant for the benQfEt of creditors;
<br /> (e) The sale, transfer, lease, assignment, conveyance or turther enci�mbrance of AIi or sny part ot or any interest in the
<br /> Property, eithc�r voluntarily or involuntarily,without the express written consent of Londer,provlded that Trustor shafl be permit-
<br /> ted to execute a lease ot the Properiy that does not contain an option fo purchase and the term of which does r,�t exceed one
<br /> yea�;
<br /> (f)Abandonment of the Property;or
<br /> (g) 1t Trustor Is not an individual, the iss�ance, sale, tr�nsler, assfgnment, conveyance or encurnbrance of more than (if a
<br /> corporation) A total of percent of its issued and o�tstanding stock, or(i(a partnership)a total of per-
<br /> cent of partnership ir,�erests,or(if a limited liability company)a total of _percQnt ot the limited liability compa-
<br /> ny interests or voting rights during the period this Deed oi 7rust remains a lion on the property.
<br /> 12.R�medi2s;AccA!eratdon Upan Detau;t.In the event of any Event af Datault Lender may,withou;notice except as required
<br /> by iaw, declare all indebtedness secured hereby to be due and payab�e and the same shall thereupon become due and payable with-
<br /> a�?any presentment,demand,protest or notice of any kind.Thereaft3r Lender may:
<br /> (a) Demar,d tliat Trustee exercise the POWER Q�SALE granted here�n,and"frustee shall thereafter cause Trustor's inter-
<br /> e�t+n it,e^•c��rty to be sold and the pr�caecs Yc be distributed,a!I in th�manner provided in the Nebraska Trust Deeds Act;
<br /> {bj F_xercise any and a11 rights provided for in any of the Loan Instruments or by Iaw upon occurrence of any Event of
<br /> Gefau�t;�iid
<br /> (c!Commer�ce an action to foreclr,;e th�s Deed ot Trust as a mortgage,�ppoint a receiver,or speci{ically enforce any c�!Yhe
<br /> cov�nants hereof. -
<br /> No remedy herein conferred upon or reserved to Trustee or Lender is intended to be exclusive c+f any other remedy herein, in the Loa�
<br /> Instruments or by law provided or pormitted, but each shall be eumulative,shal�be ln addition to every other remedy given hereunder,
<br /> !n the Lcan Insiruments or now or hereafter existing af faw or In equity or by statute,and may be�xerc;sed concur.ently, (ndependenti�
<br /> '' or succesively.
<br /> 13.Trustoe.The Trustee may resign at any time�vithout cause,and Lender may at�ny time ard without cause appolnt a suc-
<br /> � cessor or substitu!e Trustee. Trustee shall not be liable to any party, including tivithout limitation LE�nder, Barrower,Trustor or any pur-
<br /> �i chuser of the Property,for any loss or damage iinless due to recklass or wi�lful miscanduct,and shall not be requlred to take any action
<br /> in connection with the enforcemont of this Deed of Trust unfess indemnified,in writing, for all costs,compensation or expenses which
<br /> may be associa!ed therewith. In addition,Trustee may become a purchaser at an sale of the Pro f�
<br /> salc�granted herein); postpono the s;ile of all or an rtion oi the Pro e �� P rtY Qudicial or under the power of ,
<br /> Y Po p rty,as pravided by law;ors�311 the Property as a whole,or in �
<br /> soparato parcels or lots at Trustee's d?scretion.
<br /> 1-t.Feos and Expenses.In;hs event Trusteo sells the Property by exercise of power of sale,"frustee shall be enNUed to apply I
<br /> any sa�e Groc�eds(Irst to payment of c.11 costs and oxpenses ot exercising power of sale,fncludtng alI Tivstee's f�as,and Lencers and
<br /> + Trustee's attarney's fees, actually Incurred to extent pormltted by applicable law. In the event Borcowe; or Tru�►or exercises any right
<br /> t�rovided by lavf to r,ure an Evont of Default,Lender shall be entitled to recover irom Trustor all costs and expenses actually fnC�rr3d as
<br /> a rosult of Trustors default,inclu�ing wfthout limltatlon all Trustee's and attomey's fees,!o the extent pem^fited by applicable Ir.w.
<br /> 15. Future Advances. Upon roquest of Borrower, Lender may, at Its option, make acidittonal anci future advances and read-
<br /> yances to Eorrower.Such advances and readvanc�ss,with Interest thereon,shall 5e secured by this Deed c�t Trust.At no tfine shAll the
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