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<br />agents, and any successors to Lender's interest, from and against any and all claims, damages, losses and
<br />liabilities arising in connection with the presence, use, disposal or transport of any Hazardous Materials on,
<br />under, from or about the Property. THE FOREGOING WARRANTIES AND REPRESENTATIONS , AND
<br />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 the rents, issues and profits of the
<br />Property; provided that Trustor shall, until the occurrence of an Event of Default hereunder, have the right to
<br />collect and retain such rents, issues and profits as they become due and payable. Upon the occurrence of an
<br />Event of Default, Lender may, either in person or by agent, with or without bringing any action or
<br />proceeding, or by a receiver appointed by a court and without regard to the adequacy of its security, enter
<br />upon and take possession of the Property, or any part thereof, in its own name or in the name of the Trustee,
<br />and do any acts which it deems necessary or desirable to preserve the value, marketability or rentability of
<br />the Property, or any part thereof or interest therein, increase the income therefrom or protect the security
<br />hereof and, with or without taking possession of the Property, sue for or otherwise collect the rents, issues
<br />and profits thereof, including those past due and unpaid, and apply the same, less costs and expenses of
<br />operation and collection including attorneys' fees, upon any indebtedness secured hereby, all in such order as
<br />Lender may determine. The entering upon and taking possession of the Property, the collection of such rents,
<br />issues and profits and the application thereof as aforesaid, shall not cure or waive any default or notice of
<br />default hereunder or invalidate any act done in response to such default or pursuant to such notice of default
<br />and, notwithstanding the continuance in possession of the Property or the collection, receipt and application
<br />of rents, issues or profits, and Trustee and Lender shall be entitled to exercise every right provided for in any
<br />of the Loan Instruments or by law upon occurrence of any Event of Default, including without limitation the
<br />right to exercise the power of sale. Further, Lender's rights and remedies under this paragraph shall be
<br />cumulative with, and in no way a limitation on, Lender's rights and remedies under any assignment of leases
<br />and rents recorded against the Property. Lender, Trustee and the receiver shall be liable to account only for
<br />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 of any other sum secured hereby
<br />when due;
<br />(b) A breach of or default under any provision contained in the Note, this Deed of Trust, any of
<br />the Loan Instruments, or any other lien or encumbrance upon the Property;
<br />(c) A writ of execution or attachment or any similar process shall be entered against Trustor
<br />which shall become a lien on 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
<br />federal, state or other statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors;
<br />or there shall be appointed any trustee, receiver or liquidator of Trustor or Borrower or of all or any part of
<br />the Property, or the rents, issues or profits thereof, or Trustor or Borrower shall make any general assignment
<br />for the benefit of creditors;
<br />(e) The sale, transfer, lease, assignment, conveyance or further encumbrance of all or any part
<br />of or any interest in the Property, either voluntarily or involuntarily, without the express written consent of
<br />Lender; provided that Trustor shall be permitted to execute a lease of the Property that does not contain an
<br />option to purchases and the term of which does not exceed one year;
<br />(f) Abandonment of the Property; or
<br />(g) If Trustor is not an individual, the issuance, sale, transfer, assignment, conveyance or
<br />encumbrance of more than a total of percent of (if a corporation) its issued and outstanding
<br />stock or (if a partnership) a total of percent of partnership interests during the period this
<br />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,
<br />without notice except as required by law, declare all indebtedness secured hereby to be due and payable and
<br />the same shall thereupon become due and payable without any presentment, demand, protest or notice of any
<br />kind. Thereafter Lender may:
<br />(a) Demand that Trustee exercise the POWER OF SALE granted herein, and Trustee shall
<br />thereafter cause Trustor's interest in the Property to be sold and the proceeds to be distributed, all in the
<br />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
<br />occurrence of any Event of Default; and
<br />(c) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or
<br />specifically enforce any of the covenants hereof.
<br />No remedy herein conferred upon or reserved to Trustee or Lender is intended to be exclusive of any other
<br />remedy herein, in the Loan Instruments or by law provided or permitted, but each shall be cumulative, shall
<br />be in addition to every other remedy given hereunder, in the Loan Instruments or now or hereafter existing at
<br />law or in equity or by statute, and may be exercised concurrently, independently or successively.
<br />13. Trustee. The Trustee may resign at any time without cause, and Lender may at any time and
<br />without cause appoint a successor or substitute Trustee. Trustee shall not be liable to any party, including
<br />without limitation Lender, Borrower, Trustor or any purchaser of the Property, for any loss or damage unless
<br />due to reckless or willful misconduct, and shall not be required to take any action in connection with the
<br />enforcement of this Deed of Trust unless indemnified, in writing, for all costs, compensation or expenses
<br />which may be associated therewith. In addition, Trustee may become a purchaser at any sale of the Property
<br />(judicial or under the power of sale granted herein); postpone the sale of all or any portion of the Property, as
<br />provided by law; or sell the Property as a whole, or in separate parcels or lots at Trustee's discretion.
<br />7497.CV (11/15) Page 3 of 5 GOTO(00475i9b)
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