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<br /> 90-- � oo2os
<br /> thg PropOrty i9 so taken or damaged,Lender shall h�ve tho option,�n ils sole and absolute d�scrot�on,to apply all such ProcQeds,
<br /> after deductinq therefrom all costs and oxpansds�ncurred by�t�n connect�o�w�th such Proceeds,upon Any�ndebtodnoss securod
<br /> � hereby and m such order as Londer may determ�ne,or to apply all such Proceeds,after such deductians,to the restoration o1 the
<br /> P�ppe�iy upon such conditio�s as Lander may determ�ne.Any appl�cation ot Rroceeds to�ndebtedness shall nof extend or postpone
<br /> the due date of any payments under the Note.or cure a�y deiault thereunder or hereunder.Any unapplied funds shall be pald to
<br /> Trustor.
<br /> 8. P�riormanc�by Ltnd�r.Upon the occurrence of an Event of Qetault hereunder,or if any act is taken or legal proceeding
<br /> commAnr.pd whir.h matArially affects LenctAr's int0res4 in tho Proporty.Londar mAy m it3 own d�scrotion.but without obliqation to do
<br /> so,and without notice to or demand upon Trustor and without raleasing Trustor lrom any obligation,do any act which Trustor has
<br /> � agreed but tails to do and may also do any other act i4 dHems nece9sary to protect the securlty hereof.Trustor shall,immediately
<br /> upon demand therefor by Lender,pay to Lender all costs and expenses incurred and sums expended by Lender in connection with
<br /> the exercise by Lender of the toregoing r�ghts,together w�th interesl thereon at the default rate provided in:he Note,which shall be
<br /> added to the indebtedness secured hereby. Lender shall not incu� any liabdity because ot anything it may do or omit to dq
<br /> hereunder.
<br /> 9. Hazardous Materials.Trustor shall keep the Property in compliance wilh all applicable laws, ordinances and regulations
<br /> relating to industrial hygiene or environmental protection (collectively reterred to herein as"Environmental Laws").Trustor sh811
<br /> keep 1he Property free irom all substances deemed to be hazardous or toxic u�der any Environmental Laws�C011eCtively reterred to
<br /> herein as"Hazardous Materials").Trustor hereby warrants and represents to Lender that there aie no Hazardous Materials on or
<br /> under the Property.T�ustor hereby agrees to indemn�fy and hold harmtess Lender,its directors,ofticers,employees and agents,and
<br /> any successors to Lender's interest,trom and aga�nst any and al1 claims,damages,losses and liabilities arising in connection with
<br /> the prasence, use, disposai or transport ot any Hazardous h�tatenals on, under, irom or about the Property. THE FOAEGOING
<br /> WARRANTIES AND REPRESENTATIONS.AND TRUSTOR'S OBIIGATIONS PURSUAiVT TO TNE FOREGOING INDEMNlTY,SHALL
<br /> SURVIVE RECONVEYFINCE OF THIS O�EO OF TRUST.
<br /> 10. Atsignmen!ot Rents.Trustor heieby assigns to Lender the rents,issues and p�otits ot the Property;provided that Trustor
<br /> shall,until the occurrence of an Event ot Default hereunder,have the right to collect and ratain such rents,issues and profits as they
<br /> become due and payable.Upon the occurrence oi an Event af Deiault,Lender may,either in person or by agent,with or without
<br /> b�inging any action or p�oceading,or by a receiver appointed by a court and w�thout regard to the adequacy ot its security,enter
<br /> upon and take possession ot the Property,or any part thereo},in�ts own name or�n the name ot tho Trustee,and do any acts which it
<br /> deems necessary or desirable to preserve the value,marketabiliry or rentabil�ty ot the Property,or any part thereof or interest therein,
<br /> increase tne incoma therefrom or protect the secunty horeol and, w�th or w�thout taking possessit��of the Property,sue for or
<br /> otherwise collect the rents, �ssues and profits thereot, including thoso past due and unpa�d,and apply the same,tess costs and
<br /> expenses of operation and collect�on�ncludmg attorneys'fees,upon any indebtedness secured hereby,all in such order as Lender
<br /> may determine.The entering upan and taking possess�an ot the Property,the collection of such rents,issues and prolits and the
<br /> application thereot as afaresaid, shall not cure or waive any default or nat�ce ot detault hereunder or invalidate any act done in
<br /> response t0 suCh delault or pursuant to such not�ce of deiault and,notw�thstanding the cantinuance in possession of the Property or
<br /> the coltection,receipt and application ot �ents, issues or proi�ts,and Trustee and Lender shall be entitled to exercise every right
<br /> provided for in any oi the Loan Instruments or by law upon occurrence o}any Event ot Detault,including without limitation the right
<br /> to exercise the powe�01 sale.Further.Lender's nghts and remedies under this paragraph shall be cumulative with,and in no way a
<br /> Umitatlon on,Lender's rights and remedies under any ass�gnment ot leases and rents recorded against the Property.lender,Trustee �
<br /> �r.d:h�r�c�i;;�r sh�::b.;:i:�;�!c���au^:o^!�!a::h�:�nl�sctus:ly sacsive�. . - .-
<br /> 11. Eventa oi Default.The ioilowi�g shall constitute an Event oi Defautt under this Deed of Trust
<br /> (a) Failure to pay any installment of principal or interest of any other sum secured hereby when due; � _
<br /> (b) A breach o}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 ot 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 8orrower an action under any present or future federal,state or other i
<br /> statute,law or regulation relating to bankrup!cy,insolvency or other relief for debtors:or there shall be appointed any tr�stee,
<br /> receiver or liquidator of Trustor or Borrower or o1 all or any part oi the Property,or the rents,issues or profits thereof,or Trusior �
<br /> or Borrower shall make any general assignment for the benefit of creditors;
<br /> (e) The sale,transfer,lease,assignment,conveyance or turther encumbrance of atl or any part of or any interest in the P�
<br /> Property, either voluntarily or involuntarily, without the express written Consent of lender; provided that Trustor shall be { : .
<br /> permitted to execute a lease of the Property that does not contain an option to purchase and the term of which does not exceed
<br /> one year; k�
<br /> (� Abandonment of the Properly: or •
<br /> (g) li Trustor is not an individual,the issuance,sale,transter,assignment,conveyance or encumbrance of more than a total �:�:'�!
<br /> � �.
<br /> of� percent of(if a corporation)its issued and outstanding stock or(if a partnership)a totat ot percent of
<br /> partnership interests during the period this Deed oi Trust remains a lien on the Property.
<br /> 12. Remedles;Acceteratlon Upon Detault.In the event of any Event oi Default Lender may,without notice except as required by .
<br /> law, declare all indebtedness secured hereby to be due and payable and the same shall thereupon become due and payable
<br /> without any presentment,demand,protest or notice of any kind. ThereaRer Lender may�
<br /> (a) Qemand that Trustee exercise the POWER OF SALE granted herein, and Trustee shafl 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 Deeds
<br /> Act;
<br /> - (b) Exercise any and all rights prov�ded for in any ot the Loan Instruments or by law upon occurrence o1 any Event of
<br /> � �efautr,and
<br /> (c) Commence an action to foreclose th�s Deed of Trust as a mortgage,appoint a receiver,or speciffcally enforce any of the
<br /> covenants hereof. �
<br /> No remedy herein Conterred upon or reserved to Trustee or Lender�s intended to be exclusive of any other r6medy herem,in the
<br /> Loan Instruments or by law providerJ or permitted,but each shall be cumulative,shall be in addition to every other remedy given
<br /> hereunder,�n the Loen Instruments or now or hereafter existmg at law or in equity or by statute.and may be exerased concurrently,
<br /> independently or successively.
<br /> 13. Trustee. The Trustee may resign at any time wrthout cause, and Lender may at any tir�ie and without cause appoiM a %'-`-'—"
<br /> sucCessor or substitute Trustee.Trustee shall not be liable to any parry.including without limitation Lender.Borrower,7rustor or any '
<br /> purchaser of the Property,tor any loss or damage unless due to reckless or wilNul m�sconduct,and shall not be required to take any
<br /> action in connection with the entorcement o1 th�s Deed ot Trust unless indemmiied, in writing, for all costs,compensation or
<br /> expenses wh�ch may be assocfated therewith. In add�tion,Trustee may become a purchaser at any sale of the Property(judic�al or
<br /> under the power of sale granted herem); postpone the sale oi all or any portion of the Property,as prov�ded by law: or sell the
<br /> Properry as a whole,or in separate parcels or lots at Trustee's discretion. �
<br /> � 14. Fess end Expenses.In the event T�ustee sells the Property by exercise oi power of sale,Trusiee shall be ent�tled to apply �[
<br /> any sale proceeds first to payment o1 all costs and expenses oT exercisiny power�f sale,including al� Trustee's fees.and Lender's ��
<br /> and 7rustee's attorney's fees,actually�ncurred to extent perm�tted by appl�cable law.In the event Borrower or Trustor exerc�ses any
<br /> ngh�provided by law to cure an Event of Default, Lender shail be ent�tled to ►ecover from trustor au costs and expenses actually
<br /> mcurred as a iesult OI Trustor'9 default. inCluding w�thout hmitat�on all Trustee s and attorney's fees, to the extent permitted by ~�
<br /> tp
<br />, apphcable taw. �
<br />- 15 Future Advances. Upon request of E3orrower, L�nder may. at rts opUOn, make addmonal and future advnnces and re- e-�
<br /> advHnCeS tU BO�rower Such advances and readvances.w�th�nterest mereon snau be sec�red by th�s Deed of Trust At no t�m�shall .. .
<br /> the pnnc,ipal arnount o1 thb�ndebtddnESS Secu�ed by Ih�s Ueed c��7r_�st,n��t�rc.�ud�r� sums adva��c.ed tu protect the secunty of th�s
<br />-� DE?QCO O� T�tlS1.EXC�F3d ihQ rjri(3ifidl ptinL�pftl FfmUunt f�tatNd h�rr��n �.�r 5 ��,Q�O.�� ,ryh•c htryf•r ,y prP.11���
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