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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 />after dnducting therefrom all coMiland 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 the
<br />Property upon such conditlone as 4ande r may determine. 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 />Trustor.
<br />S. Pedwiflance by Lender. Upon the occurrence of an Event of Default hereunder, or if any act is taken or legal proceeding
<br />commenced which m11186413 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 />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 costs and expenses incurred and sums expanded by Lender In connection with
<br />+ the exercise by Lender of ilia foregoing rights, together with interest thereon at the default rate provided In the Note, which shall be
<br />added to the Indebtedness seoulsd 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,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 Laves (collectively referred to
<br />herein as "Hazardous Materials "). Trustor hereby warrants and represents to Lender that there are no Hazardous Materials on or
<br />under the Property. Trustor-hereby agrees to indemnity and hold. harmless Lender, its directors, officers, employees and agents, and
<br />any successors to Lender's interest, from and against any and. al! claims, damages, losses and liabilities arising In connection with
<br />the pretence, use, disposal, or. transport of any Hazardous Materialtt on, under, from or about the Property. THE FOREGOING
<br />WARRANTIES AND REPRESENTATIONS, AND TRUSTOR'S OBLIGATIONS PURSUANT TO THE FOREGOING INDEMNITY, SHALL
<br />SURVIVE RECONVEYANCE OF THIS DEED OF TRUST.
<br />1M, Asalgnment of Rents. Trustor hereby assigns to LendeT the rents, issues and profits of the Property; provided that Trustor
<br />shall, until the.occurrence of an Eventof Default hereunder, have the right to collect and retain, such rents, issues and profits as they
<br />become chto and payable. Upon the occurrence of an Event of Default, Lender may, either itr, person or bj► 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 its own name or in the name of the Trustee, and do any acts which it
<br />deems 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 />otherwiser'sot"EcU tote rents, Issues and profits thereof, including those past due and unpaid, and apply the same, less costs and
<br />expenses :a.4cperation 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 Property 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 law upon occurrence of any Event of Default, including without limitation the right
<br />to exerc�sethe power of sale. Further, Lender's rights and remedies under this paragraph shall be cumulative with, and In no way a
<br />limitation cn,.Lender's rights and remedies under any assignment of leases and rents recorded against the Property. Lender, Trustee
<br />an_ d_ the receiver shalt ba liable to account only for thp$a rents snots!!; received.
<br />11.
<br />08i ft of DMaull. The following shall constitute an Event of Default under this Deed of Trust:
<br />W, Failure to pay any installment of principal or interest of any other sum secured hereby when due:
<br />(bA Arbreach of or default under any provision contained In the Note. this Deed of Trust, any of the lean instruments, or any
<br />other lien or encumbrance upon the Property;
<br />(c) A writ of execution or'attachment or anysimilar process shall be entered against Trustor which shall become a lien can
<br />the Prop" 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, insolvenccfor other relief for debtors: or there shalt be appointed any trustee,
<br />rece w or liquidator of Trustor or Borrower or of all or arty 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, assignment,'conveyance or further encumbrance of all or any partof.or any interest in tie
<br />Property, either voluntarily or involuntarily, without the express written consent of Lender; provided that Trustor sh4fl, tiro
<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 />M 'Abandonment of the Property; or
<br />(g) If Trustor is nett an individual, the Issuance, sale, transfer, assignment, conveyance or enc4^-#orance of more than elsot6i1
<br />of percent of (if a corporation) its i's'sued and outstanding stock or (if a partnership) a total of percent of
<br />partnership interests during the period this Deed of Trust i emains a lien on the Property.
<br />12. Ressedles; AcceNration Upon DehulL t4 the event of any Event of Default Lender may, without notice except as required by
<br />law, declare all Indebtedness secured hereby i¢ 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 shaft thereafter cause Trustor's
<br />interest in the Property to be seld and the proceeds to to distributed, all in the manner provided in the Nebraska Trust Deeds
<br />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
<br />(c) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the,
<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 of in equity of 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 parry, 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 shall 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 safe 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 law; or sell the
<br />Property as a whole, or in separate parcels or lots at Trustee's discretion.
<br />14. Fees and Espensea. In the event Trustee sells the Property by exercise of power of sale. Trustee shall be entitled to apply
<br />any sale proceeds first to payment of all costs and expenses of exercising power of sale, including all Trustee's fees, and Lender's
<br />and Trustee's attorney's fees, actually incurred to extent permitted by applicable taw In the Avant t�rrower 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 resuly of Trustor's default, including without limitation all Trustee's and attorney's fees. to the extent permitted by
<br />applicable law.
<br />15 Future Advances. Upon request of Borrower. Lender may, at its option, make additional and future advances and re-
<br />ay_Jarilte5115 R_rrr }vdr -Such advances and read anc(; ;. w•it: rl6fe51 ihwevr, shnit be secured by this Good of Trust At no t,me shall
<br />the principal amount of the indebtedness secured by this Deed of Trust no'f .ntlud,ng sums advanced to wotect the Ewcunty of tr.,,;
<br />Heed of Trust exceed the Original principal atnount stated hwern or S , wh!Lh(! rer .% grp;rtfIr
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