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9� °103452
<br />the Property Is so taken or damaged. Lender shall have the option. In its sate and absolute discretion, to apply all such Proeeede,
<br />offer deducting therefrom all 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 Lender may determine. Any application of Proceeds to Indebtedness shall not extend or postpone
<br />the due dais of any payments under the Note, or cure any default thereunder or hereunder. Any unapplied funds shall be paid to
<br />Trustor.
<br />e, Pwilefffileme by Lender. Upon the occurrence of an Event of Defaulthereunder, or if any act is taken or legal proceeding
<br />commenced whith materially 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 Truster and without releasing Truster from any obligation, do any act which Trustor has
<br />agreed but falls to do and may also do any other act It dooms necessary to protect the security hereof. Truster shall, Immediately
<br />upon demand therefor by Leftrl w-, pay to Lender all costs and expenses Incurred and sums expended by Lender in connection with
<br />the exercise by Lender of the ioTog Vng rights, together with interest thereon at the default rate provided in the Note, which shall be
<br />added to the indebtedness sscuyO ihweby. Lender shall not Incur any listNllty because of anything it may do or omit to do
<br />hereunder.
<br />ter. HaaarNw alssssnM irusior shah keep Me `rropsrry in curtip4iiiti ,0 »yk3}Y all applicable laws, ordinances and regulations
<br />relating to Industrixi hygiene or environmental protection (collectively rillk red 1p. lteteiln as "Environmental Laws "). Trustor shall
<br />keep the Property tree from all substances deemed to be nazardous or toxic uq%jer any f nvironmental Laws (collectively referred to
<br />herein as "Hazardous Materials "). Truster hefeby warrants and represents it*, ttlnder that there are no Hazardous Materials on or
<br />under the Property. Trustor hereby agre"mi i"tderrinify and hold harmless Lenditir,!Ls directors, officers, employees and agents, and
<br />any auccoosors to Lender's interest, fra m and against any and all claims, damages losses and liabilities arising in connection with
<br />the presence, use. disposal or transpott 0 AIny Hazardous Materials on. uato*,,'1rom or about the Property. THE FOREGOING
<br />WARRANTIES AND REPRESENTATION$, -4kND TRUSTOR'S OBLIGATIONS PURSt�ANT TO THE FOREGOING INDEMNITY, SHALL
<br />SURVIVE RECOWEYANCE OF THIS DEED! i]F TRUST.
<br />10. Aselgtwaestl of Rents. Trustor hereby assigns to Lender the rents, isaueq Ond profits of the Property; provided that Trustor
<br />shall, until the occurrence of an Eventol0elault hereunder, have the right to collectand retain such rents, issues and profits as they
<br />become due and payable. Upon the occmyence of an Event of Default. Lender may. either in person or by agent. with or without
<br />bringing any action or proceeding, or Cry Ai receiver appointed by a court and without regard to the adequacy of its security, enter
<br />upon and take possession of the Prope,tt;., err any part thereof, in its own name or in the name of the Trustee, and do any acts which it
<br />dooms necessary or desirable to preset%* thhrevalue, 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 Ukin% possession of the Property, sue for or
<br />otherwise collect the rents, issues and piobts 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 Indebledirew aw=kod hereby, all In such order as Lender
<br />may determine. The entering upon and taking possession of the Property. "(M, 4 ZU0n of siaZlI, rents, issues and profits and the
<br />application thereof as aforesaid, shall not cure or waive any default or mofte 0 chef +lt any act done in
<br />response to such default or pursuant to such notice of default and, notwittistandir the continuaante in possession of the Property or
<br />the collection, receipt and application of rents. issues or profits, and Trustee and Lendet 4.0%1' to entitled to exercise every right
<br />provided for In any of the Loan Instruments or by taw upon occurrence of any Event of Oelault; irtclgding without Ilt iAstion the right
<br />to exercise the power of sale Further, Lender's rights.and remedies under tWsparagraph ahall.be cumulative with, and in no ways
<br />mu-vonl an.
<br />a e_...i..aR .....a .�....wi......dre. a'^r+aus�a•I�tnm�nt of ina"tt sag6 a+row?le rHCOtdtd against the Property. Lerider. Trustee
<br />and the receiver snail be liable to account only fitr: fN- se rents actually recGiViO.
<br />11. evenN et as". The following shall co�Wrifute an Event of Default t;.' er this Deed of Trust:
<br />(p) reuro to ;.:y -any In• •!!meat of prfnnistal ar interest of any othet'AUM secured hereby when due;
<br />(b) A breach of or default under any provision contained in the Note. this Deed ot11frust, any of the Loan Instruments. or any
<br />other lien of encumbrance upon the Property;
<br />(c) A writ of execution or attachment or any similar process shall be entered against Trustor which shall become ra lien on
<br />the Property o► any portion thereof or interest tf'.erein,
<br />(d) There shall be filed by or against Trus!vvr or Borrower an action under any present or future federal, state or other
<br />statute, law or regulation relating to bankruptc*_ ,,rtaglvency or other relief for debtors, or there shall be appointed any trustee,
<br />receiver or liquidator of Trustor or Borrower or of all or any part of the Protr?ie?ty, or the reii!i9, Issues at profits thereof, Or Trustor
<br />or Borrower shall snake any general assignment for ew. benefit of credttom -.
<br />(e) The sale, transfer. INN, assignment, conveyance or further em. ,umt. rance of all W 36 11r� of or any interest In the
<br />erty
<br />Prop, either voluntarily or involuntarily, without the express wulnen ocnsent of Lender provided that Trustor shall be
<br />permitted to execute a lease of the Property that does nott contain an op':onto purchaseiar�d the termpt which does not exceed
<br />one year:
<br />(q Abandonment of the Property, or
<br />(g) It Trustor is rim an individual, the issuance. sale, tra ester, assignment: conveyance or encurnb"&rce of more than a total
<br />of ____ percent of (it a corporation) its issued and outstanding stock or (if a partnershipq, a taatal W percent of
<br />partnership Interests during the period this Deed of Trust remains a lien on the Prope7ty.
<br />17. flemedtes; AccolersUton Upon Oefetft in the event of any Event of Default Lender may, vw..cho'.Armticer except as required by
<br />law, declare all indebtedness secured hereby to be due and payable and the same shall thereupon became due and payable
<br />without any prowntme++f, domerxf. protest ar notice of any kind. Thereafter Ltittder may:
<br />(a) Demand that Trustee exercise the POWER OF SALE granted f.".erein. and Trustee shall• thereafter cause Trustees
<br />Interest in the Property to be sold and the proceeds to be djW.obutetli. 0! irmt the manner provided in tfte Nebraska Trust Deeds
<br />Act
<br />(b) Exercise any and aft rights provided for in any of the Loan I:rsttumGrits or byt fawn upon occurrence of any Event of
<br />Default and
<br />(c) Commence on action to foreclose this Deed of Trust asaNl"u i1 gage, anoint a receiver, ai- spesrfcally enforce any ofthe
<br />covenants hereof.
<br />No remedy herein conferred upon or reserved to Trustee or Lender is into- -nded to be exdusi ?a of any other remedy herein, in the
<br />Loan instruments or by law provided or permitted. but each shall be Currwlative, shall be in addi4)on to every ot!*T remedy given
<br />hereunder, in Me Loan Instruments or now of hereafter existing at law or fn: equity or by statute, and may,be•execcsedoortcurrentiy,
<br />independeritty or successtvety.
<br />13 Trustee. The Trustee may resign at any time without cause, avid Lender may at any time and ws'thout cause appoint a
<br />successor or substitute Trustee Trustee shall not be liable to any party. including without limitation Lender, Borrower.. Trustor or any
<br />purchatty of the Property, for any loss or da raga unless dve to reckless or willful misconduct, and shall not be regv red to take any
<br />action in connection with the enfprLameni of lhiti Deed of Trust unless indemnified, in writing, for all costs, compensation or
<br />expenses which may be associated therew,llt In addition. Trust" may become a purchaser at any sale of the Pr*pefly audicial or
<br />under the power of sale granted here,ni. poalpone the sale of all or any portion of the Property, as provident by law; or sell the
<br />Property as a whole, Or in N"tsite parcels Or tots at Trustee's discretion
<br />14 Fees and Espenase. in the event Tt uslea boils the Property by exercise of power of sale. Trustee shai beentitled to apply
<br />arty sale proceeds first to paymrtnc of ail cost$ star arpenses of exercising power of sale, including all Trustee* s fees, and Lender's
<br />and Trustee's attorney's tens. actuauy incurred to extent permitted by applicable law. In the event Borrower or Trustor exercises any
<br />tight provided by taw to cutil1 An Evelil (it f301111tlll 1 entlot %hail be entitled to recovw !rom Ttustor all Costs and expenses actually
<br />intuited as a result of Teustot's d0ault. incluJ,n g withoul !imitation all Trustee's, Vd attorney'9 FKs, to the extent permitted by
<br />aprltcable law
<br />15 Fuswe Advances. Upon requevl ut ftrirrtiwet tender may, at its option, future advances and ro-
<br />advances to sorrower f uCh wivnTtCes renal fendvant elf Muth interest thereon. shall of Trust At no time snail
<br />tote prinriyal W3 Zint r;t the IfujobietirtHx9 sw ,+101:1 t.y this Dood (it Trutt, not includtR43crn.$' 10 protect the st?curtty of chi's
<br />bead of Ttlitil, er,C@Od Ih4.1 (ir,2.r; 41 tiring ,pal itrlunoll sla!eti hwe lit Of S a,000.Do ... _ -,s grentot
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