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i ;�8-- 100976 the Property is so taken or damaged. Lender shall have} 6a cptien, in its sole and absolute discretion, to apply all such Proceeds, after deducting therefrom all costa and expenses incurred by it in ccariection with such Proceeds, upon any indebtedness secured hereby and In such order as Lender may determine, cr to apply all such. Proceeds, after such deductions. to the restoration of the Property upon such conditions as Lender may determine. Any application of.Proceeds to indebtedness shall not extend or postpone the due date of any payments under the Note, or cure any default thereunder or hereunder. Any unapplied funds shalt be paid to Truster. 8. Performance by Lender. Upon the occurrence of an Eventcf Defaulthereunder, or if any act is taken or legal pr"tieding commenced which materially affects Lender's interestlirthe Pr.perby, Lender may in its own discretion, but without obligation to do so, and without notice to or demand upon Truster and without releasing Truster from any obligation, do any act which Truster has agreed but fails to do and may also do any ether act it deems necessary to protect the security hereof. Trustor shall. immediately upon demand therefor by Lender, pay to Lender all costs and expenses incurred and sums expended by Lender in connection with the exercise by Lender of the foregoing rights, together wilfs irterestthereon at the default rate provided in the Note, which shall be added to the indebtedness secured hereby. Lender shall not incur any liability because of anything it may do or omit to do hereunder. 9. Hazardous Materials. Tri=r shall keep the Property In compliance with all applicable taws, ordinances and regulations relating to Industrial hygJex-e: or prctectfor. (collectively referred to herein as " Environmental Laws'). Trustor shall keep the Property free; f = deemed to be hazardous or tic tic under any Environmental Laws (coNectively referred to herein as "Hazardous iKala f- A.19); Ti, r hereby warrants arf! rapr3sents to Lender that there are no FPazardo ;s. &Iateriafs on or under the Property. Truster t ere y agrees to inpemnihy and Brunt harmless Lender, its directors, officers, emptoWeeswd agents, and any successors to Lender's inter &tlrom and against any and all claims. damages, losses and liabilities arfsir2Jjr,,Crnnection with the presence, use, disposal or t iansport of any Hazardous Materials on. under, from or about the Preper'l. 1 C- FOREGOLNG WARRANTIES AND RE:PRE:SENTATiONS. AND TRUSTOR'S OBLIGATIONS PURSUANT TO THE FORC-t�eO.\rs )J%I.,WNITY, SHAD SURVIVE RECONVEYANCE OF THIS DEED OF TRUST. 10. Assignment of Rents. Trustor hereby ass- &s to Lender ti:e rents, issues and profits of the Property; pfu ded that Trustor shall, tiistil the occurrence of an Event of Default hr:reur*der have the right to collect and retain such rents, issuessimdprofits as they become due and payable. Upon the occurrence- cf an Event:0 Default, Lender may, either in person or by agent; with or without bringing any action or proceeding, or by a receiuerappeiuWd by a court ard without regard to the adequacy of its security, enter upon and take posse..s3ibn of the Property, or any part thereof, in its own ronme or in the name of the Trustee, and do any acts which it deems necessary o rc'f0mirable to preserve the value, marketability or rentatililti of the Property, or any part thereof or interestthere n, increase the income Merefrom or protect the security hereof and, with or without taking possession of the Property, sue for or otherwise collect the rents, issues and profits thereof, irciLdird those past due and unpaid, and apply the same, less costs and expenses of operation and collection including attorneys' (r=r:ii� upon any indebtedness secured hereby, all in such order as Lender may determine. The efiltring upon and taking powsaiisicii cf the Property, the collection of such rents; issues and profits and the application thereof as aforesaid, shall not rise er- maive any default or notice of default hereun&s cr invalidate any act done in response to such default or pursuant to such notice of default and, notwithstanding the contin uance i n possession of the Property or the collection, receipt and application of rents, issues or profits, and Trustee and Lender shall be C-notled to exercise every right provided for in any of the Loan Instruments or by law upon occurrence of any Event of Default including without limitation the right to exercise the power of sale. Further, Lender's rights and remedies under this paragraph shall be cumulative with, and in no way a limitation on, Lender's rfots and remedies under any assignment of leases and rents recorded againstthe Property. Lender, Trustee and the receiver shall I:e Bettie to account only for those rents actually received. M, 11. Events of Tile `ollowing shall constitute an Event of Default under this Deems, of Trust: (a) Failure to pals 3rrl: iii slailment of principal or Interest of any other sum serum hereby when due; (b) A breach of ce&fauituhder any provision contained in the Note, this Deed of Trust, any of the Loan Instruments, or any other lien or encumbrance upon the Property, (c) A writ of exreeutmn or attachment cr ally similar process shall be entered against Truster which shall become a lien on the Property or any,portion thereof or intermit:therein; (d) There shall be filed by or against T-•;,stor or Borrower an action under any present or future federal, state or other statute, law or regulation relating to banitruricy, insolvency or other relief for debtors; or there Viall be appointed any trustee, receiver or liquidator of Trustcr or Borrowerdr cf all or any part of the Property, or the rants. i ss_rfi or profits thereof, or Trustor or Borrower sha'I:make any general assignment for the benefit of creditors; (e) The sale. li ansfer, lease. assignment; conveyance or further encumbrance of ail or any part of or any interest in the Property, either voluntarily or involuntarily. without, the express written consent of Lender; provided that Truster shall be permitted to execute a lease of the Property that does not contasn an option to purchase and the term cf which doeve not exceed one year; (f) Abandonment of the Fraperty; or (g) If Trustor is not an individual. !he issuance, sale, transfer, assignment, conveyance or encumbrance of morethan a total of //////percent of (if a corporation) Its issued and outstanding stock or (if a partnership) a total of / / / /// percent of partnership interests during the period this Deed oliTrust remains a lien on the Property. 12. Remedl Ms; AcceWation Upon Default. In the evsnt of,any Event of Default Lender may, without notice except as required by law, declare all indebtedness secured hereby to be due and payable and the same shall thereupon become due and payable without any presentment, demand, protest or notice of any kind. Thereafter Lender may:. (a) Demand that Trustee exercise the POWER OF SALE granted herein, and Trustee shall thereafter cause- Trusto *s interest in the Property to be sold and the proceeds to be distributed, all in the manner provided in the Nebraska Trust Deeds Act; (b) Exercise any and all lights provided for in any of the Loan instruments or by law upon occurrence of any Event of i eluult; and .,c) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the covenants hereof. No remedy herein conferred upon or reserved to Trustee or Lender is intended to be exclusive of any ether remedy herein, in the Loan Instruments or by law provided or permitted, but each shall be cumulative, shall be in addition to every other remedy given hereunder, in the Loan instruments or now or hereafter existing at law or in equity or by statute. and rr.ay be exercised concurrently, independently or successively. 13. Trustee. The Trust es may resign at any time without cause, and Lender may at any time and without cause appoint a successor or substitute Trustee. Trustee shall not be liable to any party, including without f imitation Lender, Borrower, Trustor or any purchaser of the Property, for any toss or damage unless due to reckless or willful misconduct, and shall not be required to take any action in connection with the enforcement of (ills Deed of Trust unless indemnified, in writing, for all costs, compensation or expenses which may be associated therewith. In addition, Trustee may become a purchaser at any sate of the Property (judicial or under me power of sale granted herein); postpone the safe of all or any portion of the Property. as provided by law. or sell the Property as a whole, or in separate parcels or lots at Trustees discretion. 14. Fees and Expenses. in the event Trustee sells the Property by exercise of power of sale. Trustee shall be entitled to apply L any srfo proceeds first to payment of all costs and expenses of exercising power of sale, including all Trustee's tees. and Lender's and Trustee's attorney's lees, actually incurred to extent permitted by applicable law. In the event Borrower or Trustor exercises any right provided by law to cure an Event of Default, Lender shall be entitled to recover from Trustor all costs and expenses actually incurred as a result of Trusters default, including without limitation all Trustee's and -attorney's fees, to the extent permitted by applicable law 15 Future Advances. Upon request of Borrower. Lender may, at its option, crake additional and future advances and ro- aiMinLeS to Borrower. Sucn advances and readvances, with interest thereon, shalt be secured by this heed of Trust At rn t ;me shill the principal amount of the indebtedness Secured by this Deed of Trust, no in lu ut sy5t s advanced to protect the security u`. this Deed of Trust. exceed the original principal amount stated her ein,. or $ 11 /�1�f ��l L1 . vrr,ichevei s greater r � . F f r. I .f .