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r- 90.105401 the Prep" Is so taken or damaged. Lender shall have the option, In III sole and absolute discretion, to apply all such Proceeds, she deducting therefrom all costs and expenses Incurred by it In connection with such Proceeds, upon any Indebtedness secured hersby and in such order as Lender rrwi determine, or to apply all such Proceeds, after such deductions, to the restoration of the Property upon such conditions as lender may determine. Any application of Proceeds to Indebtedness shall not extend or postpones tits der dste of any payments under the Note, or cure any default thereunder or hereunder. Any unapplied funds shall be paid to Trustor. J. Perlertiasace by Leader. Upon the occurrence of an Event of Default h asunder, or If any act Is taken or legal proceeding commenced which materially 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 fells to do and may also do any other act It deems necessary to protect the security hereof. Trustor shall, Immediately upon diamond 11erelm by Lender. pay to Lender all costs end expenses incurred and sums expended by Lender in connection with the exercise by Lender of the foregoing rights, together with interest thereon at Illto default rats provided in the Note, which shsii be added to the indsbMdrnss secured hereby. Lender shalt not incur any liability because of anything it may do or omit to do Mrelratter. g, tliasardowa WhiorW TrtnMr ithall keep the Property in compliance with alt 11rplicabte yaws, ordinances and regulations ring tD drKkW-lra; hy0" Or enVirQArtei^ta'1 ptdtrlG4ipn (Collectively reforiled to tlerelrl ias °IEtwvrrentnnental Laws'). Trustor shall keiNp the Property "u'Do frrom all sAibstanbee Chemed to be hanardous or toxic afader any En ron -men tat Laws gColle0ii'My referred b hal'eln .ao ,, Hal Tdous AAaterWe'l. Trustot hereby wavaanls and represents io lLe"Cet tint'1"Ore 1118 TIO Haz0fdOws Materials on Or twixitit 0* p1 aparty. 7ruvw hereby agreop to indemnity a r• d hold t►rtrnrrN" t.ordo-r. Its di rectors, officers, employees end agents, and any successons to Lenft's irlwailt, from ar o agals%j any .a rw all c;a.'mf. d1lmages, rr:,ayea and liabilities arising in connection with the presents, use, disposal of transport of any rHawr.Vous Matenala under, from or about ette Property. THE FOREGOING WARRANTIES AND REPRESENTATIONS, AND TRUSTOR'S OBLIGATIONS PURSUANT TO THE FOREGOING INDEMNITY, SHALL SURVNE RECONVEYANCE OF THIS DEED OF TRUST. 10. Assignment d Rents. Trustor hereby assigns to Lender the rents, issues and profits of the Property; provided that Trustor shall, until the occurrence of an Event of Default hereunder, have the right to collect and retain such rents, Issues and profits as they become due and payable. Upon 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 security. enter 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 deems necessary or desirable to preserve the value. marketability or rentability of the Property, or any part thereof or Interest therein, Increase the income therefrom or protect the security horeof and. with or without taking possession of the Property. sue for or 001lrililf" c.Mlwct the rents, caws and profits thereof. including those Fast due and unpaid, and apply the same. less costs and expenses of opiradon and collection Including attorneys' fees. upon any Indebtedness secured hereby, all in such order as Lender may determine. The entering upon and taking possession of the Property, the collection of such rents. issues and profits and the application thereof as alotouid. shall not cure of waive any default or notice of default hereunder or invalidate any act done In response to such default or pursuant to such notice of default and, notwithstanding the continuance in possession of the Property or the collection, receipt and application of tents. Issues or profits, and Trustee and Lender shall be entitled to exercise every fight provided for in any of the loan Instruments or by law upon occurrence of any Event of Default, including without limitation the right to exercise the power of sale. Further. Lender's rights and romadies under this paragraph shall be cumulative with, and in no way a limitation on, Lender's tights and remedies under any assignment of lasses and rents recorded against the Property. Lender, Trustee and the receiver shall be liable to account only for those rents actually received. 11. EwMs of DefsuN. The following Shall constitute an Event of Default under this Deed of Trust. (a) Fsllure to pay any Installment of principal of Interest of any other sum secured hereby when due. (b) A breach of or default under any provision contained in the Note, this Deed of Trust, any of the Loan Instruments. or any other lien or encumbrance upon the Properly, (e) A viltit or execution or attachment or any similar process shall be entered against Tiruotor which shall become a lion on me Property or any portion thereof of Interest therein. (d) There shall be filed by or against Trustor or Borrower an action under any present or future federal, state or other statute, law or rpuietion rotating to bankruptcy, insolvency or other relief lot debtors, or lhwo shall be appointed any trustee. receiver or iiquk istai of Trustor or Borrower or of all or any part of the Property, or the rents, issues or profits thereof, or Trustor or Borrower shall make any gonsral awignment for the benefit of creditors, (e) The ale, transfer. IMse, assignment conveyance or further encumbrance of all or any part of or any interest in the Property, either voluntarily of Involuntarily. without the express written consent of Lender. provided that Trustor shall be permitted to execute a loam of the Property that does not contain an option to purchase and Vie lorm of which does not exceed one year; (Q Abandonment of the Property or (g) It Truabr is not an individual. the Issuance, sale, transfer, assignment conveyance or encumbrance of more than a total of .._. percent of (of a corporation) its Issued and outstanding flock or lif a partnership) a total of .. __ .. _.__ percent of partnership InWests during the period this Deed of Trust remains a lien on the Property 12. Ressixo e; AooNeralbn Upon DolauN. In the event of any Event of Default Lender may, without notice except as required by law, declare all Indebtedness secured hereby to be due and payable and the same Shall thereupon tieconte due and payable without any prosentnrnve % 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 InWeet In the Property to be sold and the proceeds to be distributed. all in the manner provided in the Nebraska Trust Deeds Aar: lb) Exercise any and all rights provided for in any of the Loan Instrumants tar by law upon occurrence of any Event of Default and (c) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver. or specifically onforce any of the WAOwrfq rrww.,. No remedy herein Conferred upon or reserved to trustee or Lender is intended to be exiousive of any other remedy herein• in the Loan Instruments or by law provided or permitted, but each shall be cumulative. shall be in addition to every other remedy given hereunder, in the Loan Instruments or now of twooltet existing at law of in equity or by Statute and may be exercised Canciviently. independently or successively. 13. TtusMs. The Trustee onsy assign of any time w-tnoul cause. and w_w12t" '^ r1y at Ary iir,A and ai *. ^•^ , •Cauce al:poirt a sut:,;essor or substitute Truatee. Trustee shall not be hobve to any party ,neiading w ri`vu" 'irmtution Lender &i ro*41, TiustiLv or any purchaser of the Property, for any loss or damage unless der to reCMl4M cr w,,.f u( mificcinducl and seal, not be required no lake any action In conneictiorn with the enforcern.,mi of this Deed of Trust t,.-we indemnified. io *fltii .9, tot all COILS. con- 00r'UtOn Of expartaee which may be associated th#tewsfP- rt+ addilicn, Trustee may become a purchase' at any sale of the Pf flWrly 4-14101 Or Hilda► lice power of sale granted heppnl: RlgeWjne tie 4afe of ail or any portion of the Property, as provtdod ty law or sell the P►o"Ay as a whole, or in swersle parceis o+ wo at 1 raolr's discretion 14. Few and Qifpenaea. In Ow even! Ttustiae Wis 04 Pfopettlr toy er►efc1*4 of poMw of Wis. ?testae stall ire entitled to apply any soda prarceodo fits{ to payrnent 01 ell cc :% and expenses of eaafc oniq pow& pi Isis, orh:d-rig ati TfoVWV'S feet and l erger S and Trustee saiiweney's legs. actual3yincurrsfdto Intent pefrrrdWuo 'rdltr0irtabitlraw + °+rMt.ef,t sonowerofTrusterexercrsesarty right provk%w by vow to cugo an twhnt of lWoult. Lender shall be on il"a to tei: r,..w a 3m ' fuytur an c oats and expenses actually incutfed as a tefsult fir' Tfirptv?r s detaull, including without limitation all trustee a and attorney s tees to the extent per milled by appllcal" law 15 Fulete Advances. Upon request of Borrower. Lender may, at its option. make additional And future advances and re advances to Borrower Such advances and readvances. with interest thereon, shall be recutod by this Deed of T rust At no time shall On principal amount of the indebtedness wcuted by this Deed of Trust nol m luding jums Advanced to protect the security of Ilya Dead of Trust exceed the original principal amount slated heroin of S . whichever ,% greater �1 , n t� .f +R J