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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 />ahardeducting therefrom all costs and expenses incurred by it in connection with such Proceeds, upon any indebtedness assured
<br />herotsy and irr such order as Lender may determine, or to apply all such Proceeds, after such deductions, to the reatoraltlon of the
<br />Psnperty upon such conditions as Lender may determine. Any application of Proceeds to indebtedness shall not extend or postpone
<br />the due data at any payments under the Nate, or cure any default thereunder or hereunder. Any unapplied funds shall be paid to
<br />TI!ulrtor.
<br />It. Poemini once by Lender. Upon the occurrence of an Event of Defaultbereunder, or.if any act is taken or legal proceeding
<br />camtnenced 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 />agnae0 but fails to do and may also do any other act it deems necessary to protect the security hereof. Trustor shall, immediately
<br />upop: demand therefor by Lender, pay to.Lender all costs and expenses incurred and sums expended by Lender in connlectfon Was
<br />the.eiprciseby Lender of the foregoing rights, together with interest thereon at the default rate provided in the (Joie, 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 Materials. Trustor shall kiep the Property in compliq";ge with all applicable laws. ordinances and regulations
<br />refa ,nt `t3. industrial hygiene or environmental protection (collectively rvtWred to herein as "Environmental Laws"). Trustor shall
<br />keel7ra+roperty free from all substances deemed to be hazardous or under any Environmental Lawn (collectively referred to
<br />heren i as "Hazardous Materials "). Trustor hereby warrants and repres:6is to Lender that there are no Hazardous Material on or ; r , °; ,,. '�•
<br />under the Property. Truster hereby agrees to jr, rttamnify and hold harin. r—aysiLender, its directors, officers. employees and ager+frs,and
<br />anN successors to Lenders interest, from an `a�"ainst any and all cWrn� '�smages, losses and liabilities arising in connew7! frith
<br />the.-presence, use, disposal or transport �ti.•any Hazardous Materia'�,. tt, under, tram or about the Property. THE FC; �iNG
<br />VvARRANTIES AND REPRESENT'%�TIO.'y4,.' IOTRUSTOR'S OBUGAi`:0; &OU1 $j,4f l, TO THE FOREGOING ttNUEMNITY; SHALL
<br />SURVIVE RECONVEYANCE CF Tkis:AEEt ZF TRUST.
<br />10. Assignmiant of Rgnts. ?rustorhd-eby assigns to Lender the re ^'ts:Jssues&1,4- profits of the Property; , -,pvlded that Trustor
<br />shall, until the oc�u�2nce of�an Event of Detz ilt hereunder, have the rt :-; -b collect and retain such rents, issues and profits as they
<br />become due arw payable. Upon the occurrence of an Event of Defaw`" Mender may, either in person or by agent, with or without
<br />br-g: ° +g any ac' or proceeding, or by a receiver appointed by a court and without regard to the adequacy of its security, enter
<br />Upon Fed take Possession of the Property, or any part thereof, in its own name or in the name of the Trustee, and do any acts which it
<br />deems necessary adesirable to preserve the value, marketability or rentability of the Property, or any part thereof or interest therein,
<br />increase the incaria therefrom or protect the security hereof and, w M or without taking possession of the Property, sue for or
<br />otherwise collect zlna rents, issues and profits thereof, including those pist due and unpaid, and apply the same, less coven and
<br />expenses of operation and collection including attorneys' fees, upon an) Indebtedness secured hereby, all In such arderes 1!e der
<br />may determine. The entering u�an and taking possession of the Property, the collection of suvh rents, issues and prar,ts artd the
<br />application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate an.,': act done in
<br />response to such default or pursuant to such notice of default and, notwithstanding the continuance in possession, of rte ?rpperty or
<br />the collection, receipt and application of rents, issues or profits, and Tr.,stee and Lender shall be entitled to exerctss eveV. right
<br />provided for in any of the Loan Instruments or by law upon occurrencra ck- any Event of Default, including without limitatio^.3he right
<br />to exercise the power of sale. Further, Lender's rights and remedies 1.:— e7 this paragraph shall be cumulative with, and in no way a
<br />limitation on, Lender's rights and remedies under any assignment of leases and rents recorded against the Property. Lender.,Trustee
<br />and the receiver shall be liable to account only for those rents actually received.
<br />11. Events of DelaulL The following shall constitute an Event of Oafault under this Oced of Trust
<br />(a) Failure to pay any installment of principal or interest of s- Jther sum secured hereby when due;
<br />(b) A breach of or default under 4 ^;'.provision contained this Deed of Trust, any of the Loan Instrumen',or any
<br />other lien or encumbrance U4 :e .'&,.e!- ,-vpeilY;
<br />(c) A writ of execution :r =y;__f ;:,- for any similar rrocess Snell be entc: w against Trustor which shall become a lien on
<br />the Property or any portic: , - nereof er :rlarest there,, •
<br />(d) There shall be filed by or agstcst Trustor or Borrower action under any present or future federal, state or other
<br />statute, taw or regulation relating to bankruptcy, insolvency or c�:`t� ,,,elief for debtors; or there shall be appointed any trustee,
<br />receiver or liquidator of Trustor or Borrower or of all or any part c ' -rte Property, or the rents, issues or profits thereof, or Trustor
<br />or Borrower shall make any general assignment for the benefit of creditors;
<br />(e) The sale, transfer, lease, assignment, conveyance or further encur'r.nce of all or any part of or any interest in the
<br />Property, either voluntarily or involuntarily, without the express written -= sant of Lender; provided that Trustor shall be
<br />permitted to exrv.:,te a lease of the Property that does not contain ar, cYt:c'"s ,urchase and the term of which does not exceed
<br />one year;
<br />(f) Abard - -Err ^ t! rf ?he Property; or
<br />(g) 11 Trus:ci',,a t'.raao.n'tndividual, the issuance, sate, transfer, assignment, conveyance or encumbrance of moret�an a total
<br />Of _ __ percent of '(if a corporation) its issued and outstzr*digg stock or (if a partnership) a total of percent of
<br />partnership r`erests during the peria! this Deed of Trust ren s,n.,; a lien on the Property.
<br />12. Remedies; Accelerallon Upon Default. In the event of any C -vi- -N of Default Lender may, without notice except as relwred by
<br />law, declare all indebtedness secured hereby to be due and pa-1-sivi9 and the same shall thereupon becorne due and payable
<br />wilhcilt any presentment. demand, protest or notice of -lilyf l nil 7, 'Iereaiter Lender may:
<br />(a) Demand that Trustee exercise the POWEf -T OF 1tl.E granted herein, and Trustee shall thEv:.:ift:r cause Trustoe's
<br />interest in tuts Property to be sold and the proceeds to rd disttibt ed, all in the manner provided in the Nabraska Tr:.,st Deeds
<br />Act;
<br />(b) Exercise any and all rights provided for in any of tr.'s. -..can Instruments or by law upon occurrence of ar:}; Ezvcnt 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 ;n,a
<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 law 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. 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 or any
<br />purchaser of the Property, for any loss or damage unless due to reckless or willful misconduct, and shalt not be required to take any
<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 (judicial or
<br />under the power of sale granted herein): postpone the sale of all or any portion of the Property. as provided by taw, or sell the
<br />Property as a whole. or in separate parcels or lots at Trustees discretion.
<br />14. Fey and Expenses. In the event Trustee sells the Property by exercise of power of sale, Trustee shall be entitled to apply
<br />any sate proceeds first to payment of all costs and expenses of exercising power of sale. Including all Trustees 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 Trustor's default. Including without limitation all Trustee's and attorney's fees, to the extent perm tted by
<br />applicable law
<br />t5 Fu1urR Advances, Upon request of Borrower. Lender may. at i19 Option. make additional and future ild i:, :4 E's nncf re
<br />advances to Borrower Such advances and readvances. with ir.tterest thereon. shall tle sc'.lt. red by th, , Dat`lj of ttlis1 AI tic, ti ne sf ;tit
<br />the ptutcipal arnount of the Irtyet tedness ser urect 4y this gees! of Trust riot including S.l t Id:.l't t'd to pr ,,tt.ul fife SQL: t,r Yr Of IMiS
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