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"Proceeds ") in connection with condemnation or other taking of the Property or part thereof, or for conveyance in lieu of condemnation.
<br />Lender shall be entitled at its option to commence, appear in and prosecute in its own name any action or proceedings, and shall also
<br />be entitled to make any compromise or settlement in connection with such taking or damage. In the event any portion of the Property is
<br />so taken or damaged, Lender shall have the option in its sole and absolute discretion, to apply all such proceeds, after deducting
<br />therefrom all costs and expenses incurred by it in connection with such Proceeds, upon any indebtedness secured hereby and in such
<br />order as Lender may determine, or to apply all such Proceeds, after such deductions, to the restoration of the Property upon such con-
<br />ditions as Lender may determine. Any application of Proceeds to indebtedness shall not extend or postpone the due date of any pay-
<br />ments under the Note, or cure any default thereunder or hereunder. Any unapplied funds shall be paid to Trustor.
<br />8. Performance by Lender. Upon the occurrence of an Event of Default hereunder, or if any act is taken or legal proceeding
<br />commenced which materially affects Lender's interest in the Property, Lender may in its own discretion, but without obligation to do so,
<br />and without notice to or demand upon Trustor and without releasing Trustor from any obligation, do any act which Trustor has agreed
<br />but failed to do and may also do any other act it deems necessary to protect the security hereof. Trustor shall, immediately upon
<br />demand therefor by Lender, pay to Lender all costs and expenses incurred and sums expended by Lender in connection with the exer-
<br />cise by Lender of the foregoing rights, together with interest thereon at the default rate provided in the Note, which shall be added to
<br />the indebtedness secured hereby. Lender shall not incur any liability because of anything it may do or omit to do hereunder.
<br />9. Hazardous Materials. Trustor shall keep the Property in compliance with all applicable laws, ordinances and regulations
<br />relating to industrial hygiene or environmental protection (collectively referred to herein as "Environmental Laws "). Trustor shall keep
<br />the Property free from all substances deemed to be hazardous or toxic under any Environmental Laws (collectively referred to herein
<br />as "Hazardous Materials'). Trustor hereby warrants and represents to Lender that there are no Hazardous Materials on or under the
<br />Property. Trustor hereby agrees to indemnify and hold harmless Lender, its directors, officers, employees and agents, and any succes-
<br />sors to Lender's interest, from and against any and all claims, damages, losses and liabilities arising in connection with the presence,
<br />use, disposal or transport of any Hazardous Materials on, under, from or about the Property. THE FOREGOING WARRANTIES AND
<br />REPRESENTATIONS, AND TRUSTOR'S OBLIGATIONS PURSUANT TO THE FOREGOING INDEMNITY, SHALL SURVIVE
<br />RECONVEYANCE OF THIS DEED OF TRUST.
<br />10. Assignment of Rents. Trustor hereby assigns to Lender, and grants Lender a security interest in, all present, future and
<br />after arising rents, issues and profits of the Property; provided that Trustor shall, until the occurrence of an Event of Default, hereunder,
<br />have the right to collect and retain such rents, issues and profits as they become due and payable. Upon the occurrence of an Event of
<br />Default, Lender may, either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a
<br />court and without regard to the adequacy of its security, enter upon and take possession of the Property, or any part thereof, in its own
<br />name or in the name of the Trustee, and do any acts which it deems necessary or desirable to preserve the value, marketability or
<br />rentability of the Property, or any part thereof or interest therein, or to increase the income therefrom or protect the security hereof and,
<br />with or without taking possession of the Property, sue for or otherwise collect the rents, issues and profits thereof, including those past
<br />due and unpaid, by notifying tenants to make payments to Lender. Lender may apply rents, issues and profits, less costs and expens-
<br />es of operation and collection including attorney's fees, to any indebtedness secured hereby, all in such order as Lender may deter-
<br />mine. The entering upon and taking possession of the Property, the collection of such rents, issues and profits, and the application
<br />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,
<br />receipt and application of rents, issues or profits, Trustee and Lender shall be entitled to exercise every right provided for in any of the
<br />Loan Instruments or by law upon occurrence of any Event of Default, including without limitation the right to exercise the power of sale.
<br />Further, Lender's rights and remedies under this paragraph shall be cumulative with, and in no way a limitation on, Lender's rights and
<br />remedies under any assignment of leases and rents recorded against the Property. Lender, Trustee and the receiver shall be liable to
<br />account only for those rents actually received.
<br />11. Events of Default. The following shall constitute an Event of Default under this Deed of Trust:
<br />(a) Failure to pay any installment of principal or interest or any other sum secured hereby when due;
<br />(b) A breach of or default under any provision contained in the Note, this Deed of Trust, any of the Loan Instruments, or any
<br />other lien or encumbrance upon the Property;
<br />(c) A writ of execution or attachment or any similar process shall be entered against Trustor which shall become a lien on
<br />the Property or any portion thereof or interest therein;
<br />(d) There shall be filed by or against Trustor or Borrower an action under any present or future federal, state or other statute,
<br />law or regulation relating to bankruptcy, insolvency or other relief for debtors; or there shall be appointed any trustee, receiver or
<br />liquidator of Trustor or Borrower or of all or any part of the Property, or the rents, issues or profits thereof, or Trustor or Borrower
<br />shall make any general assignment for the benefit of creditors;
<br />(e) The sale, transfer, lease, assignment, conveyance or further encumbrance of all or any part of or any interest in the
<br />Property, either voluntarily or involuntarily, without the express written consent of Lender; provided that Trustor shall be permit-
<br />ted to execute a lease of the Property that does not contain an option to purchase and the term of which does not exceed one
<br />year;
<br />(f) Abandonment of the Property; or
<br />(g) If Trustor is not an individual, the issuance, sale, transfer, assignment, conveyance or encumbrance of more than (if a
<br />corporation) a total of percent of its issued and outstanding stock, or (if a partnership) a total of per-
<br />cent of partnership interests, or (if a limited liability company) a total of percent of the limited liability compa-
<br />ny interests or voting rights during the period this Deed of Trust remains a lien on the property.
<br />12. Remedies; Acceleration Upon Default. In the event of any Event of Default Lender may, without notice except as required
<br />by law, declare all indebtedness secured hereby to be due and payable and the same shall thereupon become due and payable with-
<br />out 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 Trustor's inter-
<br />est in the Property to be sold and the proceeds to be distributed, all in the manner provided in the Nebraska Trust Deeds Act;
<br />(b) Exercise any and all rights provided for in any of the Loan Instruments or by law upon occurrence of any Event of
<br />Default; and
<br />(c) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the
<br />covenants hereof.
<br />No remedy herein conferred upon or reserved to Trustee or Lender is intended to be exclusive of any other remedy herein, in the Loan
<br />Instruments or by law provided or permitted, but each shall be cumulative, shall be in addition to every other remedy given hereunder,
<br />in the Loan Instruments or now or hereafter existing at law or in equity or by statute, and may be exercised concurrently, independently
<br />or succesively.
<br />13. Trustee. The Trustee may resign at any time without cause, and Lender may at any time and without cause appoint a suc-
<br />cessor or substitute Trustee. Trustee shall not be liable to any party, including without limitation Lender, Borrower, Trustor or any pur-
<br />chaser of the Property, for any loss or damage unless due to reckless or willful misconduct, and shall not be required to take any action
<br />in connection with the enforcement of this Deed of Trust unless indemnified, in writing, for all costs, compensation or expenses which
<br />may be associated therewith. In addition, Trustee may become a purchaser at any sale of the Property Qudicial or under the power of
<br />sale granted herein); postpone the sale of all or any portion of the Property, as provided by law; or sell the Property as a whole, or in
<br />separate parcels or lots at Trustee's discretion.
<br />14. Fees and Expenses. In the event Trustee sells the Property by exercise of power of sale, Trustee shall be entitled to apply
<br />any sale proceeds first to payment of all costs and expenses of exercising power of sale, including all Trustee's fees, and Lender's and
<br />Trustee's attorney's fees, actually incurred to extent permitted by applicable law. In the event Borrower or Trustor exercises any right
<br />provided by law to cure an Event of Default, Lender shall be entitled to recover from Trustor all costs and expenses actually incurred as
<br />a result of Trustor's default, including without limitation all Trustee's and attorney's fees, to the extent permitted by applicable law.
<br />15. Future Advances. Upon request of Borrower, Lender may, at its option, make additional and future advances and read -
<br />vances to Borrower. Such advances and readvances, with interest thereon, shall be secured by this Deed of Trust. At no time shall the
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