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<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 aft 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 dua date of any payments under the Note.. or cure any default thereunder or hereunder. Any unapplied funds shall be paid to
<br />Tru�v.
<br />d, Pedotrmance by Lender. Upon the o2ccutrence of an Event of Default hereunder, or if any act is taken or legal proceeding
<br />mirnerced 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 or demand upon Trustor and without releasing Trustor from any obligation, do any act which Trustor has
<br />agreed but tails to do and may also do any other act it deems necessary to protect the security hereof. Trustor shall, immediately
<br />upon demand theiefor 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. Lender shall not incur any itabaity because of anything it may d0 or omit to do
<br />hereunder.
<br />9. Hazardous Materials. 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 here -r: as "Environmental Laws) Trustor shall
<br />keep the Property free from all substances deemed to be hazardous or IDXIC under any Environmental Laws (collectively referred to
<br />herein as "Hazardous Materials "). Trustor hereby warrants and represents to Lender that mere ate 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, losses and liabilities arising in connection with
<br />the presence, use, disposal or transport of any Hazardous Materials on, under, from or about the Property. THE FOREGOING
<br />WAI=FJANTIES AND REPRESENTATIONS, AND TRUSTOR'S OBLIGATIONS PURSUANT TO THE FOREGOING INDEMNITY, SHALL
<br />SUFNIUE RECONVEYANCE OF THIS DEED OF TRUST
<br />10: Assignment of Rents. Truster hereby assigns to Lender the rents, issues and profits of the Property; provided that Trustor
<br />shalli until the occurrence of an Event of Default hereunder. have the right to collect and retain such rents, issues and profits as they
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<br />became dire and payable. Upon the occurrence of an Evert of Default, Lender may, either in person or by agerzt, with or without
<br />bringing any action or proceeding. or by a receiver appoFn ed by a court and without regard to the adequacy of its security, enter
<br />upon ard take possession of the Property, or any part there-&` :n its own name or in the name of the Trustee. and do any acts which it
<br />deemsr- ozessary or desirable to preserve the valae, marketab ir•y or rentability of the Property, or any part thereof or interest therein,
<br />increB:-r_- the income therefrom or protect the security t.sn —ot and. with or without taking possession of the Property, sue for or
<br />o!heriirse collect the rents, issues and prcf:ts n'+,ereof ;'r !)ding those past due and unpaid, and apply the same, less costs and
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<br />expenses of operation and collection includ.,•:�_,sl o,'',eye '''a2s, upon any indebtedness secured hereby, all in such order as Lender
<br />rrc-_ ,wermine The entering upon and the Property, the collection of such rents, issues.and profits and the
<br />C; ..:a1 : ;.On thereof as aforesaid, shall not ci.re'ir wa ,ra',a,y default or notice of detault hereunder or invat: aLz any act done in
<br />re m:o-se to such defaulter pursuant to such notice of de! coif ,trio, notwithstanding the continuance in possess -ri af the Property or
<br />the cc "ruction, receipt and application of rents, issues or rra`ls, and Trustee and Lender shall be entitled to exe'acise every right
<br />provided for in any of the Loan instruments or by law upon occurrence of any Event of Default, including withc�t,Srnitation the right
<br />to exercise the power of sate. Further. Lender's rights and remedies under this paragraph shall be cumulative v. th, and in na ,nay a
<br />lime -ztion on, Lender's rights and - emedies under any assignment of leases and rents recorded against the Prope -1y . Lender, Trustee
<br />and, t; ze receiver shall be liable to.account only for those rt:ats: actually received.
<br />Tt. Events of Default. The tot'•:iwing shall constitute s� C -, _nt of Default under this Deed of Trust
<br />(a) Failure to pay any instat ;ment of principal or .�' est of any other sum secured heeehy when due,
<br />(b) A breach of or default under an'-- prov'ion coma ^ed in the Note, this Deed of Trust, ant: cf ;he Loan Instruments, or any
<br />other ken or encumbrance upon the Prcper ;
<br />(c) A writ of execution or attachrne-l.01 any girl all be entered against Trustor which Vials become a lien on
<br />Ise Property or any portion thereof or interest there i;
<br />(d) There shall be filed by or aga.nst Trustor or action under any present or future iede'ral, state or other
<br />statute, law or regulation relating to t,-,.-'Krjptcy, inso' ercy or o -leer relief for debtors: or there shall be appointed any trustee.
<br />receiver or liquidator of Trustor or So° c'ersr or of all or any part Property, or the rents, issues or profits thereof, or Trustor
<br />or Borrower shall make any ge,•e�al assignment for ,. ie benefit of creditors,
<br />(e) The sale, transfer, tell&:, assignment, cor.stis, ice or further encumbrance of all or any part of cr any interest in the
<br />Property, either voluntarily ar it a:, :nlarily, withcur t.lte express written Consent of Lender; prcv dFd; that Trustor shall be
<br />- ,armittecl to execute a lease of V P,! ;wcr, y that cces. not contain an option to purchase and the does not exceed
<br />one year;
<br />(f) Abandonment of the Property. ,
<br />(g) if Trustor is not an individual, tiara ;;'1s ^r s :g, transfer, assignment, conveyance cr enc,umbrtanreaf more than a total
<br />4i percent of (if a corpora'(;,,-!.*.: s ;slued and outstanding stock or (if a partnership) a total of percent of
<br />partnership interests during the period nit; Deed of Trust remains a hen on the Property.
<br />12. Remedies; Acceleration Upon Default. In the event of any Event of Default Lender may, without notice a;::ept as requited by
<br />law. declare all indebtedness secured hereby to be due and payable and the same shall thereupon bpcc•me due and payable
<br />without any presentment, demand, protest or notice of any kind. Thereafter Lender nial"
<br />(a) Demand that Trustee exercise the POWER OF SALE granted hatoln, and Trustee shall 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 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 hereir, . 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 lava 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 rutty he exercised concurrently,
<br />independently or successively.
<br />11 Trustee. The Trustee may resign at any time without cause, and Lendet may at any time and without cause appoint a
<br />s.,r, c! ?etsar or substitute Trustee. Trustee shall not be liable to any parry, including without limitation Lenderi Borrower, Trustor or any
<br />r•.; i:l~aser of the Property, for any loss or damage unless due to reckless or willful misconduct, and shall not be required to take any
<br />in connection with the enforcement of this Deed of Trust unless indemnified, in writing. for all costs. compensation or
<br />criatlr:aes which may be associated therevv,Mi bl ada-t on. Trustee may become a purchaser at any sale of the Property (judicial or
<br />ur Mr the power of sate granted herein), 06tr(~ :711.E" tie sale of all or any portion of the Property. as provided by taw: yr sell cite
<br />Proparty as a whole, or in separate parcels or tots at Trustee's discretion.
<br />14 Fees and Expenses. In the event Trustee setts the property by exercise of power of sals. ,Trustee shall be entitled to apply
<br />any sale proceeds first to payment of all costs and expenses of exercising power of sale, irr; tiding all Trustee's fees. and Lender's
<br />Trustae's toes. actually rncuaed to extent permitted by applicable law In the event Borrower or Trustor excrr.rses any
<br />and attorney's
<br />right provided by t -3w to cure an Event of Default, Lender shall be entitled to recover from Trustor all costs and expenses actually
<br />incurred as a result at Trustoe's default, including without limitation all Trusteest; and attorney's fees, to the extent permitted by
<br />applicable taw
<br />tit future Advances. uo,h rvq ,f•Fa of itn!rOrver Ln ^der ma at its oph• }n n.ijl.g _i1ef :Unr. ;; •rn,f f.,t;,r!• :111vt0nrr-9 tine} ro.
<br />advaitcvl vtBorrGPrer tiha4 t! r, 6QC-., f�• t: bi m,g frJrTA- rrzl'mF•. *.iii
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<br />met pr tit rata! art, u,r,t of the ir'rIEVedr•ess liec,ured by this Deed o! Trust Wit r,t,h.d.i y s.. t' ; :u: rat. ed to ptotei t till! S!tct,r,ty „t t ati
<br />srn� =^
<br />1)rFt ?!) n` 7!u5t ( °it, i:rJf7:f th[r U!e4�rnat phnC,�ar a! /!/uitt :i "JtC!j ht.!ft,n iJ! g ,N t'.,Cftlsrt °t ,S !)t4'�rtYJ1
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