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<br />the Mopetty Is so taken or damaged, Under shall have the option, In Its sole and absolute discretion, to apply all such Proceeds,
<br />after dsducong ttwaf om all coed 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 restoration of ills
<br />Property upon such condillmll as Lender may determine. Any application of proceeds to indebtedness shall not extend Or poelpolne
<br />J
<br />ft due date of any payments under the Note. or cute any default thereunder or hereunder. Any unapplied funds shall be paid b
<br />True&.
<br />8. PalwalwAs by Lender. Upon the occurrence of an Event of Default boreunder, or if any act Is taken or legal prooeadlrto
<br />oommenced whkh Materially affects Lender's Interest in the Property. Lender may in Its own discretion, but without obligatlon to do
<br />so. and without tlotics to or demand upon Truster and wikiotlt (eleeaing Trustor from any obligation, do any act which ThAW has
<br />agreed but falls to do and may also do any odw act it deems rHK*aeary to protect the security hereof. Trustor shall, Immediately
<br />t upon demand ther0w by Lander, stay to lender all costs and expisnws incurred and sums e�eps nded by Lender in connection with
<br />J the exercise by Lender of the foregoing rights. together Vwg m at ore detlsuit rate provkied in the Note, which shall be
<br />added to file Indebtaxingse esswed hereby. Lender s0vi W. ,..-4t incur any liabiUty because of anything it no) do or omit to do
<br />hereunder.
<br />p. Naasendow,EAaMidsN. Trustor shall keep 00 Prdpia (1, rn conlpWare with all applicable laws, ordinances and regulations
<br />relating to IrldIvablo Y. yk4ms or environmental probotlonVilflecthmhb iatirred to herein as "Environmental Lewis!). Trustor shall
<br />kMp the property fihabth•o1r 411 syboances deemed to b*arazardoue w taaic under any Environmental laws (cpllecovoly referred to
<br />herein as "Hatardota#i hla'leritlls"1. Trustor hereby warraa,xs and represents to Lender that there are no Hazardous Materials on or
<br />under the property.,'nhtaor he roDy agrees to Indent;
<br />nly arar"'tiald harmless Lander, its directors, officers. empld Mast and agents, and
<br />any succesepn to i iir'nd*y1,t.Ig'Ibr�' from find spinal and end all claims, damages, losses and liabilities arising .r-) connection with
<br />the prsMnG, uI ralliPlhctlAl or franspai l 4l any hazardous Materials •oa. under. from or about the Proper 761E FO�REQOING
<br />WARRANTIES ANO. f:f'RBSENTATIONS #N0 TiiUSTOR'S OBLIGATCaO� PURSUANT TO THE FoREGOlwG a- 40EMNITY.'SH. ALL
<br />SURVIVE RECONW4V iNCE QF THIS DEED OF TRUST. ��,- p • rMdod that Trustor
<br />10. AMiOrMMaod of MoRRM• T .-ultor hereby assigns to L ortder the rents. Issues and profits of the Pa
<br />shall, until this occurrence Of a•r• Fvint of Default hereunder, nave the right to collect and retain such r41nb, IasueL and prgtits as they
<br />become due and payable. Upon the occurrence of an Event of Default, Lender may. either in poison or by agent with or without
<br />bringing any action or proceeding, or by a rMSiver appointed by a court and without regard to the adequacy of its security, enter
<br />i upon end take ponesslon of the Property, or -Jny part thereof, in its own name or in the name of the Trustee, and do any acts which It
<br />deeme necessary or deslrabI0'ko Qreservetfte value. malrk.lrtability or rentability of the Property, or any part thereof or interest therein,
<br />J Increase the income IherNraprt or.protect ter security boreof and, with or withow° :AkIng possession of the Property, sue for or
<br />otherwise colliscl die rents. ltisi:toa and proms thereof. r+acluiiirig those pass due a^:.' unpaid. er!d �+p!y fhw unrria lass coat and
<br />expenses of operation and eolieotion inelud, - �Qsttorneyi fees. upon any indebtedness sricureq hereby. all in such order t s Lender
<br />may dNisfmine. The entering upon and taking possession of the Property. the collection of sucl, •anb, issues and profits and the
<br />"Icaltion therwN as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done In
<br />res nwato alltstdefault or pursuant to such notice of default and, notwithetandrng r+o continuance in possession of the Properly or
<br />tie toilecilon, r"pt and application of rents. issues on ,9rolita, and Trustee and Lender shall be entitled to exercise every right
<br />provided for in any of the loan Instruments or by law upon. Acurrence of any Event of Default, including without limitation the right
<br />to exercise the power of sale. Further. Lender'$ rights and ramed'e$ under th is paragraph shall be cumulative with, and in no way a
<br />limitation on, Lender's rights and remedies under any assignment of iWies and rents recorded against this Property Larder, TrustM
<br />and the receiver shag be liable to account only for those rents actually received
<br />11. Events Of DoloulL The following shat) constitute an Event of Default under this Deed of Trust
<br />(s) Failure to pay env installment of principal or interest of any other suns +Natured hereby when duo.
<br />(b) A breach of or default under any provision contained in the Note, this OaQv of Trust any of the Loan Instruments, or any
<br />other Ilan w encumbrance upon fife Pi-,perty.
<br />(c) A wire of execution Or attachrrte " 9r any similar process shall be entered agn.rat T^ ::rt @I which 1fta11 bacomtir it IaOs' Oir
<br />1tw ptaparty or any portion thereof or interest thetoin,
<br />(d) There shall be filed by or against Trustor or Borrower an action undo) .vr�y present or future federal, state or other
<br />statute, law or regulation tslating to bankruptcy, insolvency or other relief for tyatibfots. or there shall be appointed any trustee.
<br />receiver or ltouidatbr of Truster or Borrower or of air or any part of ter Property, or die rants.'$aue$ Of profits VWSW. Of TfUSW
<br />Or Wrrorrar shall make ally general assignment for the bw*f,1 of creditors.
<br />(a) The sale. transfer, lease. assignment conveyance or further encumbrance of all or any part of or any interest in fee
<br />properly, eilffer votunfor'itl or involuntarily, without the express wrrtlen consent of Lender. provided that Truaw shag be
<br />permitted to execute • t OWw of the Property that doss not contain an option to ply•, it'Mew and the term of which dome not exceed
<br />! per yew.
<br />J (f) Abandonment of she Prop". in
<br />(M t Trust o► is not an'ndwdir�al, ".. issuance. sate, transfer. $$s'gnmsnt, cA►+Wyyancr a encumbranu of more than a tour
<br />of _. __ percent N of a co►porabon) its itta.):yd and outstanding stvcl' w ', •s partnership! a total of - -.• --- -__ patent of
<br />1 (71artrlarsrwp Interests during the period this Owd ai "rust remains a lien un' rt. Property
<br />t?, Aeaneigl" Acoeleallon Upon oebu . in tie event of any Event of Defa�A wridw may. without notice except as requinfitt1,
<br />law, declare *0 i(rideptedness secured hereby to be due and MUM ind the same shall thereupon become due anR CA),WMG
<br />without any preeaiatment demand. protest or nobce of any kind Tr+a irlit4er Lander may
<br />(a) Damiliad that Trustee exercise the POWER OF SALE granted herein, and trustee shelf thereafter cause fwotor v
<br />Intisroo in OW p'roper7yr to to fold and the proceeds to be distributed. ell to the manner provided it, one Nebraska Trust Deans
<br />Act
<br />(b) Exercise any and all rights provided for in any of the Loan Instru" W ie or by law upon occurrence of any Event of
<br />D@W% and a nate'var, w npecd,cau enforce any of the
<br />i lei Commience an soon 10 foreclose thus Deed of Trust as a n Wpage, appoint Y
<br />covirasr a hereof.
<br />Nolan y herein conferred upon or reserved to Trustee or Londet >s !'landed to be exciustve of any other nafnedy herein, in the
<br />Loan instruments or by law provided or permitted. but eagh shall be eumulAbva shall be in addition to every other iemady given
<br />hereunder. in ter Loan Instruments or now or hereafter existing al haw Of in equity or by statute, and may be exercised COncurrenay.
<br />j or
<br />qlocu�ty Tcu e The True" resign at any time without cause. and Lender may at any tinw and without cause OPPOml a
<br />successor or substitute Trustee Trusleeehanl not be liable b any party, including without iawtation Lender. Bort pu,red 1 take any
<br />Purchaser of the Property. Its any loss or damage unless dui to reckless or willful misconduct, and shall not be n
<br />action in connection with the enforcement of this Dead of Trust uniess imdernnilied. in wt.Gng, for all costs. compenselwn Or
<br />expenses which may be associated therewith In MMilion. Trustee may become a pulcham at any salt of the Properly Uliaicral Of
<br />under ter power of safe granted herein). postpone the sale of all Or any Wien of tie P /opwty. as provided by law. of sell the
<br />Property M a whole, of in separate parcels or loh at Tiustea•s die6t~
<br />14 reins a" Kaperwme. In the event Trustee sells the Property by exercise of power of sale Trustee shall be antiued to apply
<br />any sale plocesde INN to payment of OU costs and expenses of exent,sing podia, of $era inClt,td,ng all Trustee s lees and Lwidei'a
<br />V4 Trustee's Sammy* fees. actuatfy incurred to extent permitted by eppt.cabld law In the event Borrower or Trustot exec -mv, any
<br />rgM provided by taw to Curs an Etrent of Default. Lender Shat' be eh1A►e0 to rea.o.er from Trustot an costa and e■per'sfs alluaily
<br />incurred as a re"A of Tiustpra defaun thckAOV *&*uf 1.1nitAW oil Trustees and attorney s fees to the extent pam,ded by
<br />applicable 4w
<br />15 isl%" Ap1MCee. Upon rettuest of Swrowot lender may at its option rnake add tonal and future ad.Yn out and is
<br />adtranoes to Borrower Such advances and ►aadv&M". with ,nleiest lhV0o+' "it be ss,,:u'fd by t%'* L�ee.7 pl Trust Al rio time sriati
<br />the pew4ipal amount of the indebtedness secured by this Deed of Trust not L su^ %Y9.an�.W to WU1ecI1" ►ta t•,tr „t tit a
<br />'lead at Trot exthsed the original ptintipaa amount staled hare,', or S «h c tw. er •s g,ealat
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