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r I 89- 102924 the Property is so taken or damaged. Lender shall have the opti6n, In Its soltr and absolute discretion, to apply all such Proceeds, after deducting therefrom all ctllitl; and expenses Incurred by It in connection with stigll Proceeds, upon any indebtedness secured hereby and in such order an Lenrlfir may determine, or to apply all such Preceado, aftin such deductions, to the restoration of the Property upon such candillons all Lender may determine Any ippllcation of Proceada to indebtedness shall not extend of postpone the due date of any payments under the Note, or cure any default thereunder or hereundfrr• Anyf unappiled funds shall be paid to Trustor. 8. Performance by Lond+tn• Upon the occurrence of an Event of Default hereunder, or it any act is taken or legal proceeding commenced which materiallyt affects Lender's interest in the Property, Lender may in its own discretion, but without obligation to do so, and without notice to or demand upon Trustor and without releasing Trustor from any obligation, do any act which Trustor has agreed but falls to do and may also do any other act it deems necessary to protect the security hereof. Truster 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 with interest thereon at the default rate provided iii-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. Trustor shall keep the F•toperty in compliance with all applicable laws, ordinances and regulations relating to industrial hygiene or environmental protection (collectively referred to herein as "Environmental Laws "). Truster shall keep the Property free from all substances deemed to be hazardous or toxic under any Entifllonmental Laws (collectively referred to herein as "Hazardous Materials "). Truster hereby warrants and represents to Lender that there are no Hazardous Materials on or under the Property. Truster hereby agrees to Indemnify and hold harmless Lender, Its directors, officers, employees and agents, and any successors to Lender's Interest, from and against any and all claims, damages, losses and liabilities arising in connection with the presence, use, disposal or transport of any Hazardous Materials on, under• from or about the Property. THE FOREGOING WARRANTIES AND REPRESENTATION$, AND TRUSTOR'S OBLIGATIONS PURSUANT TO THE FOREGOING INDEMNITY, SHALL SURVIVE RECONVEYANCE OF THIS DEED OF TRUST 10. Assignment of Rents. Truster hereby assigns to Lender the rents. Issues and profits of the Property; provided that•Trustor shall. until the occurrence of a-� Event of Default hereunder, have the right to collect and retain such rents, Issues and profits as they becrx►te due and payable. Upen the occurrence of an Event of Default. Lender may, either in person or by agent, with or without bringing any action or proceeding. or by a receiver appointed by a court and without regard to the adequacy of its sectlt'.ty, enter upon and take possession of the Property. cr any part thereof. In Its own name or in the name of the Trustee, and do any acts w'-tich it deems necessary or desirable to preserve the value, marketability or rentability of the Property, o► a�iy part thereof or interest therein, increase the income therefrom or protect the security hereof and. with or without taking possess.an of the Property, sue for or otherwise collect the rents. Issues and profits thereof. Including those past due ar. d unpaid. and.=p(y the same, less costs and expenses of operation and collection includ,r�q attorneys' tees• upon any Indebtedness securers hereby, afi in such order ascender may determine. The entering upon and taking possession of the Preverty. the c ,Ieclion of s"Pi rents. issues and profits and the application thereof as aforesaid, shall nct "re or valve any defavit c° r cl,-c' r_f default hereunder or invalidate any aw.t done in response to such default or pursuant to such notice of defa-,ilt and, -1C7,4 ,!hS1anCing the continuance in possession of the Property or the collection, receipt and appl:cation of rents, issues eZr profits. and Trustee and Lender shall be entitled to exercise every right provided for in any of the Loan tnstruments or by law upon occurrence of any Event of Default, including wet. ),out 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 rights and remedies under any assignment of leases and rents recorded against the Property. Lender, Trustee and the receiver.shall be liable to account only for those rents actually received. t 1. Events of Default. The following shall constitute an Event of Default under this Deed of Trust: (a) Failure to pay any Installment of principal or interest of any other sum secured hereby when due: (b) A breach of nr defaeilt udder any proylslor, contai-ned in the Note. this Deed of Trust, any of the Loan Instr umonts, or any other lien cr encumbrance upon the Property, (c) A wrt.ol execution or attachment or any similar process shall be entered against Trustor which shall become a lien on the Property or any portion thereof or interest therein, (d) There shail Ce L, ed by or against Trustor or Borrower an action under any present or future'.ederal, state or other statute, law or regulator• relating to bankruptcy• insolvency or other relief for debtors, or there shall be appointed any trustee. receiver or liquidator of Trustor or Borrower or of all or any part of the Property; or the rents, issues or profits thereof, or Truster or Borrower 'shall make any general assignment for the benefit of creditors; (e) The sate, transfer, lease, assignment, conveyance or further encumbrance of all•or any pad of or any interest in the Property, either voluntarily or involuntarily without the express written consent of Lender: prowMed that Trustor shall be permitted to execute a lease of the Property that does not contain an option to purchase and tre.tes', of which does not exceed one year, (q Abandonment of the Propei-ly; or (g) If Truster Is not an indivrdua °;.tie issuance. sale. transfer, assignment, conveyance-or encumbrance of morete -^Ia total of percent of (if a cotperG an) Its Issued and outstanding stock or (if a partnership) a total of percent of partnership interests during the'per.Od this Deed of Trust remains a lien on the Property. 12. Remedies; AcceileratkaUpon Default. In the event of any Event of Default Lender may. without notice except as required by law, declare ail indebtedness secured hereby to be due and payable and the same shall thereupon become due and payable without any preswLment, 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 Trustor's L +,' st it :iTe Property to be sold and the proceedsito be distributed, all in the manner provided in the Nebraska Trust Deeds A-L-t (b) Exercise acy; an.,I all rights provided for in any of the Loan Instrume- -ts.or by law upon occurrence of any Event of Oefault. aria (c) CornTeecean action to foreclose this Deed of Trust as a mortgage. appv,7 -a.: e�e :.e�.oc specifically enforceaay of the covenants hered`... . No remedy herein conferred upon or reserved to Trustee or Lender is Intended to ae exc;us• ve of any atiu -f remedy herein, in the Loan Instruments or by lawpirovided or permitted. but each shall be cumulative,,V1,61 be add•rc- to e"✓4rtr other remedy given hereunder, in the Loan ir.ltiulrrents or now or hereafter existing at law or In equity b= b f stat%.te.arC rnaf Ceexercised concurrently, independently or successrioy. 13 Trustee. The Trustee may resign at any time without cause. and Lender may at a.-/ i.w.e and mt* .out cause appoint a successor or substitute Trustee Trustee shall not be liable to any party. Including without limitation Lender -&3 blower, Truster or any purchaser of the Property. for any loss or damage unless due to reckless or wilf`''-t misconduct. and shall ncr.ue required to take any action in connection with the enforcement of this Deed of Trust unless indHrr,'nifled. in writing, for all costs. compensation or expenses which may be associated therewith In addition. Trustee may become a purchaser at any sale of the Property oudicial or under the power of sale granted herein), postpone the sale of all or any portion of the Property, as provided by law, or sell the Properly as a whole. or in separate parcels or lots at Trustee's discretion 14 Fees and Expenses. in the event Trustee sells the Property by exercise of power of sale Trustee shall be entitled to apply any sale ptoceeds first to payment of all costs and expenses of exercising power of sale including,,!! Trustee s fees. and Lenders and Trustee's attorney's fees actually incurred to extent permitted by applicable: law In the event Ciorrowf•r or Tru +tar exPrr Ises any right provided by law to cute an Event of Dotaull. Lender shall be entitled to recover ftorn TtuStor an Costs and expense3 actually- incurred as a result of Trustors delault. Including without Ilmdatlon ali Trustees and ationier s fees. to the extent pf;rrnitted Dy iipplicable law 1i5 Future Advances. Upon re•queo of liutiuwet l.(-nd,tr trtay a! Its upti,)1• r ;O-v ,viditaltia, ,[era future .idv.,nces and re -ii, ianci;S t": fkirr•,40 weir, i.wit -to it,wei— - 0,.90 i•t• T.uyt At nil In,Ift She.: rf• {• r,t.nU(y.li it rr.l rt lr't i,} era! 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