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200007843
<br />deterioration of the Property; shall not remove, demolish or substantially alter any of the improvements on the Property; shall not
<br />commit, suffer or permit any act to be done in or upon the Property in violation of any law, ordinance, or regulation; and shall pay and
<br />promptly discharge at Trustor's cost and expense all liens, encumbrances and charges levied, imposed or assessed against the Property
<br />or any part thereof.
<br />7. Eminent Domain. Lender is hereby assigned all compensation, awards, damages and other payments or relief
<br />(hereinafter "Proceeds ") in connection with condemnation or other taking of the Property or part thereof, or for conveyance in lieu of
<br />A, condemnation. Lender shall be entitled at its option to commence, appear in and prosecute in its own name any action or proceedings,
<br />and shall also be entitled to make any compromise or settlement in connection with such taking or damage. In the event any portion
<br />of 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
<br />restoration of the Property upon such conditions as Lender may determine. Any application of Proceeds to indebtedness shall not
<br />extend or postpone the due date of any payments under the Note, or cure any default thereunder or hereunder. Any unapplied funds
<br />shall be paid to Trustor.
<br />S. Performance by Lender. Upon the occurrence of an Event of Default hereunder, or if any act is taken or legal
<br />proceeding commenced which materially affects Lender's interest in the Property, Lender may in its own discretion, but without
<br />obligation to do so, and without notice to or demand upon Trustor and without releasing Trustor from any obligation, do any act which
<br />Trustor has agreed but fails to do and may also do any other act it deems necessary to protect the security hereof. Trustor shall,
<br />immediately upon demand therefor by Lender, pay to Lender all costs and expenses incurred and sums expended by Lender in
<br />connection with the exercise by Lender of the foregoing rights, together with interest thereon at the default rate provided in the Note,
<br />which shall be added to the indebtedness secured hereby. Lender shall not incur any liability because of anything it may do or omit to
<br />do 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 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 under
<br />the Property. Trustor hereby agrees to indemnify and hold harmless Lender, its directors, officers, employees and agents, and any
<br />successors to Lender's interest, from and against any and all claims, damages, losses and liabilities arising in connection with the
<br />presence, use, disposal or transport of any Hazardous Materials on, under, from or about the Property. THE FOREGOING
<br />WARRANTIES AND REPRESENTATIONS, AND TRUSTOR'S OBLIGATIONS PURSUANT TO THE FOREGOING
<br />INDEMNITY, SHALL 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
<br />Trustor shall, until the occurrence of an Event of Default hereunder, have the right to collect and retain such rents, issues and profits as
<br />they become due and payable. Upon the occurrence of an Event of Default, Lender may, either in person or by agent, with or without
<br />bringing any action or proceeding, or by a receiver appointed by a court and without regard to the adequacy of its security, enter upon
<br />and 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 deems
<br />necessary or desirable to preserve the value, marketability or rentability of the Property or any part thereof or interest therein, increase
<br />the income therefrom or protect the security hereof and, with or without taking possession of the Property, sue for or otherwise collect
<br />the rents, issues and profits thereof, including those past due and unpaid, and apply the same, less costs and expenses of operation and
<br />collection including attorney's fees, upon any indebtedness secured hereby, all in such order as Lender may determine. The entering
<br />upon and taking possession of the Property, the collection of such rents, issues and profits and the application thereof as aforesaid,
<br />shall not cure or waive any default or notice of default hereunder or invalidate any act done in response to such default or pursuant to
<br />such notice of default and, notwithstanding the continuance in possession of the Property or the collection, receipt and application of
<br />rents, issues or profits, and Trustee and Lender shall be entitled to exercise every right provided for in any of the Loan Instruments or
<br />by law upon occurrence of any Event of Default, including without limitation the right to exercise the power of sale. Further, Lender's
<br />rights and remedies under this paragraph shall be cumulative with, and in no way a limitation on, Lender's rights and remedies under
<br />any assignment of leases and rents recorded against the Property. Lender, Trustee and the receiver shall be liable to account only for
<br />those rents actually received.
<br />11. Events of Default. The following shall constitute an Event of Default under this Deed of Trust:
<br />(a) Failure to pay any installment of principal or interest of any other sum secured hereby when due;
<br />(b) A breach of or default under any provision contained in the Note, this Deed of Trust, any of the Loan Instruments, or any
<br />other lien or encumbrance upon the Property;
<br />(c) A writ of execution or attachment or any similar process shall be entered against Trustor which shall become a lien on the
<br />Property or any portion thereof or interest therein;
<br />(d) There shall be filed by or against Trustor or Borrower an action under any present or future federal, state or other statute,
<br />law or regulation relating to bankruptcy; insolvency or other relief for debtors; or there shall be appointed any trustee,
<br />receiver or liquidator of Trustor or Borrower or of all or any part of the Property, or the rents, issues or profits thereof, or
<br />Trustor or Borrower shall make any general assignment for the benefit of creditors;
<br />(e) The sale, transfer, lease, assignment, conveyance or further encumbrance of all or any part of or any interest in the
<br />Property, either voluntarily or involuntarily, without the express written consent of Lender; provided that Trustor 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 not 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 or encumbrance of more than a total
<br />of N/A Percent of (if a corporation) its issued and outstanding stock or (if a partnership) a total of N/A 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 notice except as
<br />required by law, declare all indebtedness secured hereby to be due and payable and the same shall thereupon become due and payable
<br />without any presentment, demand, protest or notice of any kind. Thereafter Lender may:
<br />(a) Demand that Trustee exercise the POWER OF SALE granted herein, and Trustee shall thereafter cause Trustor's interest
<br />in the Property to be sold and the proceeds to be distributed, all in the manner provided in the Nebraska Trust Deed 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
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