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<br />90-- 105320
<br />am Property is so taken or damaged, Lender shall have the option, In Its sole and absolute discretion, to apply all such Proceeds,
<br />saw dedirattng ttlerMrom all costs and expenses Incurred by it In connection with such Proceeds, upon any indebtedness secured
<br />hereby and In Koch order as Lender may determine, or to apply all such Proceeds, after such deductions, to the restoration of the
<br />Property upon sudlt conditions as Lender may datormino. Any application of Proceeds to Indebtedness shall not extend or postpone
<br />the due date of any payments under the Note, or cure any default thereunder or hereunder. Any unapplied funds shall be paid to
<br />Tcu@W.
<br />e. Poll ooetnoe by Il wW r. Upon the occurrence of an Event of Default hereunder, or If any act is taken or legal proceeding
<br />commenced which materially affects Lender's interest In the Properly. Lender may in Its own discretion, but without obligation to do
<br />so. and without notice to or demand upon Trustor and without releasing Truster from any obligation, do any sot which Trusts has
<br />agreed but falls to do and may also do any other act it deems necessary to protect the security hereof. Trustor shall, Immediately
<br />upon demand therefor by Lender, pay to Lender all coals 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 shell 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 />g. Hahtardow Malerlale. Trustor shell keep the Property In compliance with all applicable laws, ordinances and regulations
<br />relating to Industrial hygkm or environmental protection (collectively referred to herein as "Environmental Laws'). Trustor shall
<br />keep the Property tree from all substances deemed to be hazardous or toxic under any Environmental Laws (collectively referred to
<br />herein as "tfazardous Matoriala'7. Trustor hereby warrants and represents to Lender that there are no Hazardous Matarlats on or
<br />undo• the Property. Trustor hereby agrees to indemnify and hold harmless Lender, its directors, officers, employees and agents, and
<br />any succession 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 />WARRANTIES AND AEPRESENTATIONS, AND TRUSTOR'S OBLIGATIONS PURSUANT TO THE FOREGOING INDEMNITY, SHALL
<br />SURVIVE RECONVEYANCE OF THIS DEED OF TRUST.
<br />10. Aeelgnrsent of Rents. Trustor hereby assigns to Lender the rents, issues and profits of the Property, provided that Trustor
<br />shall, until the occurrence of an Event of Default hereunder, have the right to collect and retain such rents. Issues and profits as they
<br />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
<br />upon and take possession of the Property. or any part thereof, in ila own name or In the name of the Trustee, and do any acts which It
<br />dooms necessary or desirable to preserve the value, marketability or rentability of the Property, or any part thereof or Interest therein,
<br />increase the Income therefrom or protect the security hereof and, with or without taking possession of the Property, sue for or
<br />othe)rwlse collect the rents, issues and profits thereof, including those past due and unpaid. and apply the same, less cosh and
<br />expenses of operation and collection including attorneys' fees, upon any indebtedness secured hereby, all in such order as lender
<br />may determine. The entering upon and taking possession of the Property, the collection of such rents. issues and profits and the
<br />application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done in
<br />response to such default or pursuant to such notice of default and, notwithstanding the continuance in possession of the Properey or
<br />the collection, receipt and application of rents. issues or profits. and Trustee and Lender shall be entitled to exercise every right
<br />provided for in any of the loan Instruments or by low upon occurrence of any Event of Default, including without limitation the right
<br />to exercise the power of sale. Further. Lender's rights and remedies under 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. tender. Trustee
<br />and the receiver shall be liable to account only for those rents actually received.
<br />11. Emile of 0ebuill. The following shall constitute an Event of Default under this Deed of Trust;
<br />(a) Failure to pay any installment of principal of 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 />(o) A wrilof execution or attachment or any similar process shall be entered against Trustor which shall become a lien on
<br />the PropsrV 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
<br />statute. law or regulation relating to bankruptcy, insolvency or other relief for debtors; or there shell be appointed any trustee,
<br />recelver or liquidator of Trustor or Borrower or of all or any part of the 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, assignivient, 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 svtatl be
<br />permitted to execute a lease of the Property that does not contain an option to purchase and : he tern of which does not exceed
<br />one year,
<br />(q Abandonment of the Property; or
<br />(W t Trustor is not an individual, the issuance, sale, transfer, assignment conveyance or encumbrance of more than a total
<br />of percent of (it a corporation) its issued and outstanding stock or (if a partnership) a total of _._r_....... loarcent of
<br />1 parsna abo ~eft during the period this Deed at Trust remains a Ilan on the Property.
<br />12. Rev — ; Aooslaraliss Upon 0e1sWL In the event of any Event of Default Lender may, without notices onCeat as Required by
<br />law, declare all indebtedness sracu>red hereby to be due and payable and the same shall thereupon becorno cue and oayabfe
<br />11 wdhwA arty presenlcnarrt di>Nnsrsd, lti,crW or ,otice of any kind. Thereafter Lender may
<br />(a) Oaeiand that Trlrstlae exercrs:r I "* POWER OF SALE granted herein, and Trustee shall thereafter caum 7(uster'e
<br />insweat iii tale property to be sow or4 ** jr.*veeda to be distributed, all in the manner provided in the Nebraska Tri&sr Do"
<br />Act
<br />(b) Exercise any wed all rights prov4W for at racly of the Loan Instrus"nts or by law upon occurittence of any Event of
<br />Ddault and
<br />luiliv�nlrv��Amy rJefs
<br />cownana Phereot.
<br />No remedy herein conferred upon or reserved to Trustee or Lerider is intended to be exclusive of any other remedy herein, In the
<br />Loan Instruments or by law provided or permitted, but each afraic be tumulanve. shall be in addition to every other remedy given
<br />hereunder, in Ow Loan Instruments or now or hereafter exi" at taw or in equity or by statute, and may be exercised concurrently,
<br />independently or successively.
<br />13. Train e. The Trustee may resign at any time without cause, and Lender may at any hnte and without cause appoint a
<br />successor or substitute Trustee. Trustee shell not be liable to any party, including without limitation Lendw. Borrower.: rusior or any
<br />purchaser of the Property, for any loss or damage unless die to reckless or willful misconduct, and shsu 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 oudicrai of
<br />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
<br />Property as a whole, or in separate parcels or lots at Trustee's discretion.
<br />1e. fee erred Eaponsee. In the event Trustee sells the Property by exercise of power of sale, Trustee shall be entitled to apply
<br />any sale procaeds first to payment of all costs and expenses of exercising power of sale. including all TrusW* s less, and Lender's
<br />and Trustee's attorney's fees, actually Incurred to extent permitted by applicable law In the event Bon rower or Trustor exercises any
<br />right provided by law to curs an Event of Default Lender shall be entitled to recover from Trustor all costs and eiiponses actually
<br />Incurred "a result of Trustee's default including without limitation all Trustee's and attorney's fees, to the extent permitted by
<br />applicable law.
<br />16. Fulun Advances. Upon requaat of Borrower. Lender may, at its option• snake additional and future advances and re•
<br />advances to Borrower. Such advances and readvanees, with interest thereon• shall be secured by this Deed of Trust At no time shall
<br />the principal amount of the Indebtedness secured by this Deed of Trust, nut including sums advanced to protect thu security of this
<br />Deed of Trust exceed the original principal amount staled heroin, or $ 339 1 04 . whichever is greater
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