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<br />59-- 100906
<br />the Property is so taken or damaged, Lender shall have the option, in its sole and absolute discretion, to apply all such Proceeds,
<br />after deducting therefrom all costs and expenses incurred by it In connection with such Proceeds. upon any indebtedness secured
<br />hereby and in such order as Lender may determine, or to apply all such Proceeds, after such deductions. to the restoration of the
<br />Property upon such conditions as Lender may determine. Any application of Proceeds to indebtedness shall not extend or postpone
<br />the due date of any payments under the Note, or cure any default thereunder or hereunder. Any unapplied funds shah be paid to
<br />Trustor.
<br />B. Pedortt meal by Lond4w. 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
<br />so, and without notice to cr demand upon Trustor and without releasing Trustor from any obligation. do any act which Trustor has
<br />agreed but fails to do and may also do any. other act it deems necessary to protect the security 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 foregoing rights, together with interest thereon at the default rate provided in the Note, which shall be
<br />added to the indebtedness secured hereby. Landes shall not incur any liability because of anything it may do or omit to do
<br />hereunder.
<br />9. Hazardous Matertats. Trustor shall keep the Property in compliance with all applicable taws, ordinances and regulations
<br />relating to Industrial hygiene or environmental protection (collectively referred to herein as "Environmental Laws' ). Trustor shall
<br />keep the Property true from all substances deemed to be hazardous or toxic under any Environmental Laws (collectively referred to
<br />herein as "Hazardous Materials' ). Trustor hereby warrants and represents to Lender that there are no Hazardous Materials on or
<br />underthe Proper hy,!trufifar Weby agrees to indemnity and hold harmless Lender, its directors, officers, employees and agents, and
<br />any successorq to Lerii�w'sinterest, from and against any and all claims, damages, losses and liabilities arising in connection with
<br />the presence, Os i, -!i sp6 pk; cr transport of any Hazardous Materials on, under, from or about the Properly. THE FOREGOING
<br />wYAFRA.wnEs. /f!<J1r rT Fe^; , ITATIONS, ANDTRUSTOR'S OBLIGATIONS PURSUANT TO THE FOREGOING INDEMNITY, SHALL
<br />SLID a%1 _ ; iEC t- =,t'YANCE Orr THIS DEED OF TRUST.
<br />V1 Assignment of RwJa. Rustor hereby assigns hr. Lender the rents. issues and profits df f1Te Property; provided that Trustor
<br />e0,;V:;. ucitl the occurrence Wan, agent cif. Default hereunder, have the right to cotlect6nd retain s6t.. t cents. issues and profits as they
<br />besa . rx -d tliayable. Upen the ectvin-ance of an Event of Default, Lender may, either Irt: person or by agent~ with or without
<br />bringi�; aj ai:i cm or proceeding, or cy aseceiver appointed by a, court and without regard to the adequacy of its security, enter
<br />upon and tali'r ;lsarrzsession of t're Property, or any part thereof. in its cwmname or in the name of the Trustee, and do any acts which it
<br />Ceps necc-. -ar; or desmatz".s.Va preserve the value, marketability or runtability of the Property, or any part thereof or interest thenain,
<br />2r Sc r Se the a 4J:ime therefrom or protect the security hereof and. "with or without taking possession of the PrcFeNar, sue for or
<br />e�--erwise ccAir_-:t: the rents, issues and profits thereof, including thrx -a past due and unpaid, and apply the same.. less costs and
<br />expenses of oration and collection including attorneys' fees, upen any indebtedness secured hereby, all in such cnleras Lender
<br />may determine. The entering upon and taking possession of the Fr,,perty, the collection of-such rents, issues and pp_•flts and the
<br />api;. -cation thereof as aforesaid, shall not cure or waive any default or notice of default hereunder cr Invalidate any act done in
<br />rinse to such default or pursuant to such notice of detfault and, notwithstanding the continuance in possession of the Propesilr an -
<br />th collection, receipt and application of rents, issues py. profits, and Trustee and Lender shall be entitled to exercise every right
<br />provided for in any of the Loan Instruments or by law upcA- coccurrer+ce of any Eventof Default, including without limitation the right
<br />to exercise the power of sale. Further. Lender's rights and recned:cl u,4er this paragraph shall be cumulative with, and in no ways
<br />limitation on, Lender's rights and remedies under any assignment cf lam zzes and rents recorded against the Property. Lender, Trustee
<br />and the receiver shall be liable to account only for those rents actu3:ly received.
<br />11. hints of DNautL The following shall constitute an Event of Default urger this Deed of Trust
<br />(a) Failure to pay ny installment of principal or interest of any other s�mn secured hereby when due;
<br />(b) A breach of on;fOault under any provision contained in the Note, this Deed of Trust. any of the Loan Instruments, or any
<br />other lien vi, encumbra*,;;a upon the Property;
<br />(c) A o,, . of exec.;'ii9" or attachment or any similar process shall be entered against Trustor which shall become a lien on
<br />the Pr'fveej or any po!•!l a* thereof or interest therein;
<br />�uj r."sw': shall be. 3tiud by or against Trustor or Borrower an action Lritar any present or future ,'?•deral, state or other
<br />s"a��r:e, t.�:RV w' regulaf ;�•; -relating to bankruptcy, insolvency or other relief for debtors; or there shall be appointed any trustee.
<br />receiver*{ligk; oidator of Trustor or Borrower or of all or any pas cf,'he Property, or the rents, issues or profits thereof, or Trustor
<br />or Borratuar ;L -hall make any general assignment for the benefir i:l" creditors;
<br />(e) Tta•s tale, transfer, lease, assignment, conveyance ci Ih Cher encumbrance of all or any part of or any Interest in the
<br />Property, either voh,r.Mix!!y or involuntarily, without the express written consent of Lender; provided that Trustor shall be
<br />permitted to execute a i's:se of the Property that does not ccntain an option to purchase and the term of which does not exceed
<br />one year.
<br />(f) Abandonment of the Properly: or,
<br />(g) If Trustor is not an individual: if q issuance, sate, trans'. w. assignment, conveyance Gc encumbrance of mere than a total
<br />of --percent c9 (if a corp&,t%, �-j its ig3u:rd uad outstanding stock or (if a partmirship) a total t:11. p3rcent of
<br />partnership-tnterests d'ur'r:g the psi,4611i09 greed rf Trust remains a lien on the Property,
<br />12, Relredles; AeeefarAtian Upon Oifaul+t. !r t +•e i ve-ni of any E,, ent of Default Lender malt. without notice except as required by
<br />law, declare all indebtedness secured i^ wVvy to be aLAa and paVat fe and the same shall tlmweupon become due and payable
<br />without any presintment, demand. protest or notice at`ar,•y kind. Their .after Lender may:
<br />(a) Demand that Trustee exercise the POWER OF SALE granted herein, and Trustee shall thereafter cauu Trusters
<br />interest in the Property Ia toe sold and the proceeds. to be dis:r:aa►ted. all in ttl.e manner provided in the Nebraska Trust Deeds
<br />Act.
<br />(b) Exercise any and ill rights provided for in any of the Lain Instru.1nents or by law upon occurrence of any Event of
<br />Default; and
<br />(c) Commence an action to forisciase this D,rsed of trust as a mortgage, appoint a recawou(, ,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 otter remedy herein, in the
<br />Loan Instruments or by taw provided or permitted, but each shall be cumulative, shalt be on addition to every other remedy given
<br />hereunder, in the Loan Instruments or now or hereafter existing at law or in equity or by statute, and may be exercised concurrently.
<br />independently or successively.
<br />13. Trustee. The Trustee may resign at any time without cause. and Lender may at any time and without cause appoint a
<br />successor or substitute Trustee. Trustee shall not be liable to any party. including without limitation Lender. Borrower, Trustor ur any
<br />purchaser of the Property, for any toss or damage unless dueto reckless or willful misconduct, and shall not be required to take any
<br />atuan in connection with the enforcement of this Deed of Trust unless indemnified, in writing, for all costs, compensation or
<br />exercises which may be associated therewith. In addition. Trustee may become a purchaser at any sate of line Property (Judicial or
<br />under the power of sate granted herein); postpone the sale of all or any portion of the Property, as provided by law, or sell the
<br />Property as a whore, or in separate parcels or lots at Trustee's discretion.
<br />1-4. Fees and Expanses. 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
<br />and Trustee's attorney's fees, actually incurred to extent permitted by applicable law in the event Borrower or Trustor exercises any
<br />right provided by saw to cure an Event of Default. Lender shall be entitled to recover from Trustor an costs and expenses actually
<br />incurred as a result of Truster's default• including without limitation all Trustee's and attorney's fees, to the extent permitted by
<br />appicable iaw
<br />15 Future Advances. Upon request of Borrower. Lender may, at its option, make additional and future advances and re-
<br />advancesto f3ernower Suuh advances and reativance9. -with interoSt therelun. Shtlil be se.urtd by this Deed of Trust At no ante sviali
<br />tho tsrMulpal artruunt of tno aidebtedness secured by this nEyed of T ±,Jst. r•ot mcfacting sJmD ativanred to protQCt the Sec;unty UI INS
<br />need of Tru t, exceed wtu angina' pr.nctpai amount stated here-,i Or S 11,420 *QQ Y.►' ;Ct ever (5 (realm
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