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<br /> ii�e Propdriy�s so takon or damAgad.Lender shall heve the option,in its sole and absolute discretion,;o apply all8uch Ptoceeds,
<br /> atter de�iuctfng therefrom c�u�a�t9�nd expensea�ncurred by it in connection w�th such Procooda,upan any indabtedness secured
<br /> Aereby and in such order es Lender may determine,p�to apply a�l such Proceed�,ahar such deductlons,t�tho res4ora41on o}the
<br /> � P�aperry upan such cand�ttana as Londor mey determ�na.Any aNptication of Proceeds to�ndebtedneas shAll not extend or postpone
<br /> thp due date o1 any payments under Iha Noto,o► cure any detault thereunde�or heraunder.Any u�applled tunds shall be pald to
<br /> Trusta+.
<br /> 8. P�Mormane�by L�ed��.upon the occurrence o1 an Event of Qetault hereunder,or d any act is taken or legal proceeding
<br /> commenced�nrhict�materlally aNucts Lender's Interest In the Properry,Lender may in its own discretian,but without obligation to do
<br /> so,and without�otice to o�demend upon Trustor and wNhout�eleasing Trustor trom any obligation,do any act which Truator has
<br /> egreed but fails to do and may atao do eny other act It deems necessary to protect the security he�eof.Trustor ahall,immedletely
<br /> upon demand theretor by Lender,pay to Lender aU costs and expenses incurred a�d sums expended by Lender in connection wlth
<br /> the exercise by lender of the i�regoing rights,togethar with interest thereon at the default rate provlded In the Note,which shaU be
<br /> added to the indebtedness secured hereby. Lender shall not lncur any IiablUty because of anything it may do or omit to do
<br /> hereunder.
<br /> � fl. Hazardous Mat�iials.Trustor shail keep the Property in compliance with all applicable laws,ordinances and regulations
<br /> relating to industrial hygiene or environmental protectton (collectiv�ly referred to he�ein as"Environmental l.awa"),Trustor shall
<br /> keep the Property iree irom all substances deemed to be hazardous or toxic under any Environmental Laws(collectively reterred to
<br /> herein as"Hazardous Materials").Trustor hereby warrants and represents to Lender that there are no Hazardous Materials on or
<br /> under the Properry.Trustor hereby agrees to indemnify and hold harmless Lender,its directors,oflicers,employees and agents,and
<br /> any successors to Lender's interest,irom and against any and all claims,damages,losses and liabilities arising in connection with
<br /> the presence, use, dlsposal or transport of any Hazardous Materials on, unrler, Trom or about the Properry. THE FOREGOINQ
<br /> WARRANTIES AND REPAESENTATIONS,AND TRUSTOR'S OBLIt3ATiONS PURSUANT TO THE FOREGOING INDEMNITY,SHALL
<br /> SURVlVE RECONVEYANCE OF THiS DEED OF TRUST.
<br /> 90. As�l�nm�nt of Renh.Trustor hereby assigns to Lender the rents,issues and profits of the Property;provided that Trustor
<br /> shall,until the occurrence of an Event of Detautt hereunder,have the right to collect and retain such rents,issues a�d profits as they
<br /> become due and payable.Upon the occurrence of an Event of pefault,Lender may,either in person or by agent,with or without
<br /> bringing any action or proceeding,or by a receiver appointed by a court and without regard to the adequacy oi its security,enter
<br /> upon and take possession oi the Property,or any part thereof,in its own name or in the name of the Trustes,and do any acts which it
<br /> ---- desms necessary or desiiai�te Fv preserve the value,marketabifity or rentability of the Property,or any part thereof or interest therein,
<br /> increase the income therefrom or protect the security hereof and, with or without taking possession o1 the Property,sus tor or
<br /> othenvise collect the rents, issues and profits thereot, including those past due and unpaid,and apply the same,less costs and
<br /> expenses of operation and collection inctuding sttorneys'tees,upon any indebtedness secured hArehy,all in s��ch nrder as Lender
<br /> may determine.The entering upon and taking possession o1 the Property,the collection of such rents,issues and proflts and the
<br /> , apptication theteof as aforesaid,shall not cure or waive any detault or notice o}dofault hereunder or invaUdate any act done in '
<br /> response to such default or pursuant to such notice o}detault and,notwithstanding the continuance in possessian of the Property or .
<br /> the collection, receipt and application of rents, issues or protits,and T�ustee and Lender shall be entitled to exercise every rlght
<br /> � provided for in any olthe Loan Instruments o►by law upon occu�rence of any Event of Default,including without limitation the rl�ht :
<br /> to exercise the power of 981e.Further,Lender'S riqhts�nd remedies under this paraaraoh shall he cumulativA with,anei ln�,n wgy g
<br /> limitation on,Lendar's�ights and remedies under any assignment ot leases and rents recorded against the Praperty.Lender,Trustee i =;=�
<br /> and the receiver shall be Iiable to account only}or those rents actually received. `
<br /> 11. Ev�nb of DNauH.The tollowing shall constitute an Event o1 Default under this Deed of Trus� .
<br /> (a) Failure to pay any installment ol principal or interest oi any other sum secured hereby when due; -
<br /> (b) A breach of or defauN under any provision contained in the Note,this Deed of Trust,any of the Loan Instruments,or any �
<br /> other Uen or encumbrance upon the Properry; �'A_
<br /> (c) A writ of execution or attachment or any similar process shall be entered against Trustor which shell bQCOme a lien on i
<br /> the Property or any portion thereol 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 othor -
<br /> statute,Iaw or regulation relating to bankruptcy,insolvency or other retiet for debtors;or there shall be appointed any trustee,
<br /> receiver or liquldator of Trustor or Borrower or of all or any part ot the Property,or the rents,issues or profits thereof,or Trustot
<br /> or Borrower 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
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<br /> . Properry, either voluntarily or invotuntarily, without the express written consent oi Lende►; provided that Trustor shall be t'�
<br /> permitted to execute a lease of the Property that does not contain an option to purchase and the term ot which does no!exceed �
<br /> • one year,
<br /> (� Abandonment of the Property;or
<br /> (g) If Trustor is not an individual,the issuance,sale,transter,assignment,conveyance or encumbrance oi more than a total =
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<br /> , ot percent of(if a corporation)its issued and outstanding stock or(if a partnership)a total oi perceot o1
<br /> partnership interests during the period this Deed of Trust remains a lien on the Property. �
<br /> 12. Remedlts;AccN�ration Upon DNault.ln the event of any Event of Deiault Lender may,without notice except as required by
<br /> law, declare aIl indebtedness secured hereby to be due and payable and the same shalt the�eupon become due and payable
<br /> without any presentment,demand,protest or notiCe ot any kind. Thereafter Lender may:
<br /> (a) Demand that Trustee exercise the POWER OF SALE granted herein, and Trustee shall thereafter cause Trustor's
<br /> interest in the Property to be sold and the proceeds to be distributed,all in the manner provided in the Nebraska Trust Oeeds
<br /> Act
<br /> (b) Exercise any and all rights provided for in any ot the Loan Instruments or by law upon occurrence of any Event of
<br /> Defaul�and
<br /> (c) Commence an action to toreclose this Deed of Trust as a mortgage,appoint a receiver,or specifically enforce any o}the
<br /> covenants hereot.
<br /> No remedy herein conferred upon or reserved to Trustee ar Lender is intended to be exclusive o}any other remedy herein,in the
<br /> Loan Instruments or by law provided or permitted. but each shall be cumutative,shall be in addition to every other rernedy given
<br /> hereunder,in the Loan Instruments or now ar hereafter existing at law or in equity or by statute,and may be exercised cartcurrently,
<br /> independently or successively.
<br /> 13. Ttust�e. The Trustee may resign at any time without cause, and Lende► may at any time and w:trout cause appoint a �---'--`--
<br /> suCCessor or substitute Trustee.Yrustee shali not be liab�e to any perty,including without limitation Lender,Barrower,Trustor or any '
<br /> purchaser of the Property,for any loss or damage unless due to reckless or wtllful misconduct,and shall not be required to take any
<br /> acfion in connection with the entorcement of this Oeed of Trust unless indemmtied, in writing,for all costs, compensation or �
<br /> expenses which may be associated therewith.In addition,Trustee may become a purchaser at any sale of the Property Qudicial or ,
<br /> under the power o1 sale granted herein):postpone the sate of all pr any portion of the Property,as prov�ded by law; or sell the `
<br /> Property as a whote,or in separate parcets or lois at Trustee's discretion.
<br /> 14. P�s and Expins�s.In the event 7rustee sells the Property by exerCise o}power o}sale.Trustee shall be entitled to apply �
<br /> � any sale proceeds first to payment o}a�l costs and expenses of exercising power of sale,mcludmg all Trustee's fees,and Lender's �
<br /> and Trustee's attorney's tees,actually incurred to extent perm�tted by applicable law.In the event Borrower or Trustor exerc�ses any
<br /> right provided by law to cure an Event ot D8lault.Lender shall be ent�tled to recover from?rustor all costs and expenses actually �
<br /> incuned as e r�9ult o1 Trustor'3 default, in�luding without limrtation all Trustee's 8n� attorney's lees. to the extent permitted by �`�,�
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<br /> _ 15 Futute AdvanCe�. Upon request oi Bb►rpwer. Lender may. at �ts opt�on. m?ke add�tional and future advences and re- e.
<br /> _- advances tv Borrov�er Sucn advances ar�d►eadvancos.w�tn �nterest tnereo�.snai!be secu�ed by tn�s Deed ot T�u�t At no t�me snan ;,. ••
<br /> --= thFS punc,�pai amount o►the�n�ebibdnBSS SBGUred by 1hi5 UeE�d Of TruSt �Ot inG�ud�ng SumS Ativ�ncgU t0 prOfEr�l fh�SHCUnty p}th�S
<br /> �JUCd 0} 7ruSf s_taGCet1 the Ur�ym,tl pnnup7l .itnbUt`f S1�tE�r�H�f'�r� V� 5 �DaQQQ.�O� . a+rru�never �c q�(•;ltp�
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