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89 -103MIL Property Is so taken or damaged, Lender shall have the option, In Its sole and absolute discretion, to apply all sucS,
<br />aftsar deducting therefrom alt costs 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 the
<br />Property upon such conditions as Lander may determine. Any application of Proceeds to Indebtedness "I not extend Or poatpoM
<br />this due dale of any payments under the Note, or cure any default thereunder or hereunder. Any unapplled funds shall be paid to
<br />Trader,
<br />S. Pusettr owe by Lender. Upon the qcourrence of an Event of Defauitherounder, or if any act is taken or ,legal proceeding
<br />commenced which materially affecdyi Lena'u'almlerest in the Property. Lander may in its own discretion, but withouit obligation to do
<br />so. and without not" lto or dema-rvd, viro n 1,'rtk':ttDr and without releasing TWstor from any obligation. do any act which T'ruaw- Ou.
<br />agreed but Taft to ,1 mdy a ^ark, ducat -w other act it deems necessary M. protect the security hereof. Trustor shah, imme0104T
<br />upon demand tilwo6ca 44y Lbndet. pmy to Lander all costs and expenses inwered and sums expended by Lender in connection *Vi.
<br />the exercise by Ler44ielR of the forvgding rights, together with Interest thereon at the default rate provided In the No*. which shall be
<br />added to the indMMWness secured hereby. Lender shall not incur any liability because of anything it may do or omit to do
<br />hereunder.
<br />g. Hasardoo Malertde, Trustor shall keep the Property in compliance with all applicable laws, ordinances send 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 Laws (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 successes to Lender's interest from and against any and all claims, damages, losses and liabilities arising In connection whh
<br />the presence, use, disposal or transport of any Hazardous Materials 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 />10. AealOeren m W Ponts. 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 its own name or In the name of the Trustee, and do any acts which it
<br />increase fM iinacome tMrefrom Or protect marketability or with or without taking possession of the ro Interest
<br />perty.iue ore or
<br />otherwise collect the rents, issues and profits thereof. including those past due and unpaid, and apply the same, less costs and
<br />expenses of operation and collection including attorneys' tees, 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 rtatice of default hereunder or invalidate any act dots in
<br />response to such default or pu tsuant to such notice of default and, notw0standing the continuance in possession of the Property ar
<br />Me 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 taw upon occurrence of any Evert of Default, including without limitation the right
<br />to exercise the polder of sale. Father. Lender's rights and remedies under this paragraph shall be cumulative with, and in noway a
<br />.__ ., a ......�..• .^r i^ge wa wnet tant4 rxnrdwd against the Property. Lender. Trustee
<br />11"I tion din, L,erit* s rights anti riai6di6a ul-4ar a.•y �'�'y..... +
<br />and the receiver shall be liable to account only for those rents actually received.
<br />t 1: Etttenlaoli f',lefauN. The following shall constitute an Event of Default under this Deed of Trust
<br />(at Failure, to pay any installment of principal or interest of &*,Iy other sum secured hereby when due;
<br />(b) A breach of or default und@f ar rit provision contained i., VW r4ote, this Dead of trust, any of the Loan ltlsirurnOfit$,; Of Ony
<br />other lien or encumbrance upon this Property;
<br />(c) A writ of execution or attachment or any similar process shall be entered against Trustor which shall become a iren on
<br />the Property 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 0.1 other
<br />statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors; or tWe: shall be appointed any trustee,
<br />receiver or NQvidator of Trustor or Borrower or of all or any part of the Property, or the rent& iss,tjes or profits thereof, oir Trustor
<br />or Borrower shill' make any general assignment for the benefit of creditors;
<br />(e) The sate, transfer, lease, assignment. conveyance or further encumbrance of all or any part of or any interest In the
<br />Property, either voluntarily or involuntarily, without: t" express written consent of Lender, provided that Trustor shall be
<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 />(1) Absr44nment of the Property; or
<br />(g) it Trustor is not an individual, the issuance, sale, transfer, assignment, conveyance or encumbrance o! more than a tots)
<br />of percent of (if a corporation) its issued and outstanding stock or (i1 a partnership) a total of percent of
<br />partrwship interests during the period this Deed of Trust remains a hen on the Property.
<br />12. Remedies: Accoleralion Upon Default. In the event of any Event of Default Lender may, without notice except as respired by
<br />law, declare all indebtedness secured hereby to 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 shall thereafter cause Trustor'a
<br />interest in the Property to be sold and the proceeds to be 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 shalt be cumulative. shall be In addition to every other remedy given
<br />hereunder, in the Loan Instrument$ or now or hereafter existing at taw or in equity or by statute, and may be exercised concurrently.
<br />Independently or auccessweiy.
<br />13. Trunelee. The Trustee may resign at any time without cause. and Lender may at any time and without cause appoint a
<br />successor or svfastitute Trustee. Trustee shall not be liana to any party. including without limitation Lender, Eacmwer, Trustor or any
<br />purchaser o'the- PrOpefty, for any loss or tentage unless due to reckless or willful misconduct, and shall not tae required to take any
<br />actson in connection with tl* anforcemen', of this Deed of crust ialfess indemnified. in writing, for all co-",. comPett&&tion or
<br />expenses which may be aaiew.ciated therewith. In addition. Trustee may become a purchaser at any sale of tr a Property Wdid"I Of
<br />vina r the power of safe Wanted herein). postpone the sate of all or any portion of the Property, as provided by law: Or 8011 -r -*
<br />Property as a whole. or in separate parcels or lots at Trustee's discretion.
<br />14. Fees and ExpeMM• 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 ercercising 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 event Borrower or Trustor exercises any
<br />right provided by lave to Cure an Event of Default. Lender shall be entitled to recover from Trustor all costs and expenses actually
<br />inculred $s a result of Trustor's defaull. including without limitation all Trustee's and attorney's fees, to the extent permitted by
<br />eppi!_an!e taffy
<br />15 Furkoo Advances. Upon request of Borrower. LUndor may. at its option. make addillortal rind ILA00 advances and fo-
<br />advary of to Harrower ,,iUd,h ad4ancds and read var M. with InterC ,t thereon ,hail ba sPCe: +54 by Phis per`d 6r Tru�•t At no limo shall
<br />s.Tte pili-q :pa'. antuunt bt the ii newfidnins scoured try tins I)ee!f ht TIU51 not .r c!! / {�7tin n )9 advanCe�i to projc(j the giCur,ty of this
<br />jMgd Lr Ylit3t, Hr{�ct tim oi,g eiai ptiricipal arUVUrit Vilte!t ri( rf�;n �u $ f! �(Ir l! f! l! . vh!Lti@,n1f 111 {Irratrr .
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