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<br />89--- 100907
<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 />attar deducting therefrom all costs and expenses incurred by it in connection with such Proceeds, upon any Indebtedrim 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 shall be paid to
<br />Trustor.
<br />e. PeAormancia by Lender. Upon the occurrence of an Event of Detaulthereunder, 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 withoutobifgation to do
<br />so. and without notice to or 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 atthe default rate provided in the Note. which shall be
<br />added to the indebtedness secured hereby. Lender shall not incur any liability because of anything it may do or omit to do
<br />hereunder.
<br />9. Hazardous Malledde. 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
<br />keep the Property free 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 />under the Property. Trustor hereby agrees to indemnity and hold harmless Lender, its directors. officers. employees and agents, and
<br />any successors to Lender's interest, from and against any and all claims. damages, los.. ns nd liab• °ties aris ng in cony,%tlon with
<br />the presence, use, disscsaf or transport of any Hazardous Materials on, under, from or about the Property. , HE FG,'SGOING
<br />WARRANTIES AND REPRESENTATIONS. AND TRUSTOR'S OBLIGATIONS PURSUANT TO THE FOREGOING INDEMNITY, SHALL
<br />SURVIVE RECONVEYANCE OF THiS DEED OF TRUST.
<br />10. Assignment of Rents. Trustor hereby assigns to Lender the rents, issues and profits of the Property; provided that Trustor
<br />shah until the occurrence of an Event of Default hereunder, have the right to collect ard retain such rents, issues and profits as they
<br />be rcme due and payable. Upon the occurrence of an Event of Default, Lerder may, either it person or by agent, with or without
<br />bringing any action or proceeding, or by a receiver appointed by a court and ,4011iqut regard to the adequacy of its security, enter
<br />upon and take pc ea sion of the Property, or any part thereof, in its cwr. r. acne ar lmtf+e name of the Trustee, and do any acts which it
<br />deems necess 3ar pr desirable to preserve Tr a value, marketability or rentaLillty cf ti ^e Property, or any part thereof or interest therein,
<br />Increase the i+tcoT. a therefrom or protect Itte security hereof ard.vili; or vAtt6itttaking possession of the Pr:perty. sue for or
<br />otherwise co!Ie,a lf`e rents, issues and profits thereof, including those past due &W unpaid, and apply the same. less, costs and
<br />exp uses of opeeiion and ca!fection including attor -eve ' fees. upon any indebtedness secured hereby, all in such order as Lender
<br />mwi,dttermine_TIt,e,enterinr s�pon and taking pose, =s. -(. of the Property, the collection of such rents, issues and iprclits and the
<br />app'lcation theneef as aforesaid, shall not curr_- any default or notice of default hereunder or invalidatearri ad, done in
<br />respVnseto such defaulter pursuant to such rc W c ,�f i e:fi .41t and, notwithstanding the continuance in possession et t. e: Property, or
<br />tt±e c0ection, receipt erd apl;;ication of rents, issi:Ers cr profits, and Trustee and Lender shall be entitled to &..*r lae every right
<br />prdwded for in any of the Lean Instruments or by law vpcn occurrence of any Eventcf Default, including wili!cutlimitstion the right
<br />to exercise the power of sale: Further. Lender's rights acid remedies underthis paragraph shall be cumulative with, and in no way a
<br />limitation on, Lender's rights and remedies under any assignmentof leases and rents recorded against the Property. Lender, Trustee
<br />and the receiver snail be liable to account only for those rents actually received.
<br />11. Events at CWsult. The following shall constitute an Event of Default under this Deed of Trust:
<br />(a) Failuire tc pay any installment of prnripal or interest of any other sum secured hereby when due;
<br />(b) A breach of or do(itult under any prevision contained in the Note, this Deedof Trust, any of the Loan Instruments. or any
<br />other lien cr encumbrance- t:pert the PrcGemr
<br />(c) A wilt of execution cr attachmr3nt 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 tiled by or agsjnst Trustor er Borrower an action under any pre-cent or future federal, state or other
<br />statute, law or regulation relating to Wrlrruptcy insolvency or other relief fcr debtors: or tisefe shall be appointed any trustee,
<br />receiver or liquidator of Trustor or 8cn nzwer or of ail "or any part of the Property, or the rents. i ssues or profits thereof, or Trustor
<br />or Borrower shall make any general imaignment for the benefit of creditors;
<br />(e) Ttte sale, transfer, lease.,assigrrment, conveyance or further encumbrance of ai L ar any part of or any irrjan:lt In the
<br />Property, caber voluntarily or inuciuntarily, without the express written consant of Lender, provided that Tat.rrlr 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 col exceed
<br />one year;
<br />(f) Abandonment of the Property; or
<br />(g) If Trustor is not an individual, the issuance, sale, transfer, assignment, conveyance cr encumbrance of r~ c- rejM&I a total
<br />of percent of (if a corporation) its issued and outstanding stock or (it a partnership) a total of percent of
<br />partnership interests 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 not: W e except as required by
<br />Izo, declare all indebtedness secured hrfeby to be due and payable and the same shall thereupon become due and payable
<br />without any prru tment, demand. proina or notice of any kind. Thereafter Lender may.
<br />(a) Demand that Trustee exerdso the POWER OF SALE granted herein, and Trustee shall thereafter causal Tiustor's
<br />interest in 13 •u 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 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
<br />Loan instruments or by taw provided or permitted, but each shall be cumulative, shall be in 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. Trust". The Trustee may resign at any time without cause, and Lender may at any tipie and without cause appoint a
<br />successor or substitute Trustee. Trustee shall not be liable to any party, including without Lmitatl(sll Lender, Borrower, Trustoror any
<br />purchaser of Me Property, for any loss or damage unless due to reckless or willful misconducL and shall not be required to takeany
<br />action in connection with the enforcement of this Deed of Trust unless indemnified, 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 budicial or
<br />uflder the poviisr o1 sale granted heraint postpone the sale of al: or any portion of the nropr)rty, as provided by 1:11: or sell the
<br />Property as a whole, or in separate parcels or lots at Trustee's discretion.
<br />L 14. Fees and Expenses. in the event Trustee sells the Property by exercise of power of safe. Trustee shall be entitled to apply
<br />any safe 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 law to cure an Event of Default Lender shall be entitled to recover from Trustor all costs and expenses actually
<br />incurred as a result of Trustoe's default, including without limitation all Trustee's and attorney's fees. to the extent permitted by
<br />applicable law.
<br />15 Future Advances. Upon request of Borrower. Lender may, at its option. make additional and future advances and re-
<br />advances to Borrower Such advances and readvance5. with ,ri terest thereon. shat be secured by this Deed nr trust At notirre sh all
<br />the principal amount of the indebtedness secured by this Deed vt Trust. no* mC:uding sums advanced to protect the secure «f of fh;s
<br />Deed of Trust, exceed the ung:nnl principai amount stated here n. at S M.or)ta.nt) — wh ce-ever is greater
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