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89-- 1037749 the Property Is so taken or damaged. Lender shall have the option, in its sole and absolute discretion, to apply all such Proceeds. after deducting therefrom all costs and expenses incurred by it in connection with such Proceeds, upon any Indebtedness secured hereby and in such order as Lender may determine, or to apply all such proceeds, after such deductions, to the reetorokm of the properly upon such conditions as Lender may determine. Any application of Proceeds to Indebtedness shall not extend or postpone the due date of any payments under the Note, or cure any de fault thereunder or hereunder. Any unsppllsd funds shah bri P11111111 110 Trumw. 0. hrlerrnartee by Lender. Upon the occurrence of an Event of Default Thereunder, or if any act is taken or IeW ptooM din p commenced which materially affects Lender's Interest In the Property. Lender may in its own discretion, but wMhont oihllgatitlrt —00 7- so, and without notca to or demand upon Tcustor and without releasing Ttuslor from any obligation, do any act which Truow has agreed but falls to do and may also do any other act It deems no b protect the security hereof. Truster shall, Imntedlatsly upon demand therefor by Lender, pay to Lender all costs and expenses incurred and sums expended by lender In connection with' ten exercise by Lender of the foregoing rights, together with interest thereon at the default rate provided in the Note. which shall be added b the indebtedness secured hereby. Lender shall not incur any liability because of anything it may do or omit to do hero~. Q. Haaardew Meleri & Trustor shall keep the Property in compliance with all applicable laws, ordinances and regulations i relating to Industrial hygiene or environmental protection (collectively referred to herein as "Environmental Laws'). Trustor shall keep the Property free from all substances deemed to be hazardous or toxic under any Environmental Laws (collectively referred to herein as Hazardous Materials "). Truster hereby warrants and represents to Lender that there are no Hazardous Materials on or under the Property. Truster hereby agrees to indemnity and hold harmless Lender, its di rectors. officers. employees and agents, and : any successors to Lender $ interest, from and against any and all claims, damages, losses and Ilabilitbs arising in connection with the presence, use, disposal or transport of any Hazardous Materials on, under. from or about the Property. THE FOREGOING WARRANTIES AND REPRESENTATIONS. AND TRUSTOR'S OBLIGATIONS PURSUANT TO THE FOREGOING INDEMNITY, SHALL SURVIVE RECONVEYANCE OF THIS DEED OF TRUST. 10. AmAgnwant of Rents. Trustor hereby assigns to Lender the rents, issues and profits of the Property: provided that Truster shall. until the occurrence of an Event of Default hereunder, have the right to collect and retain such rents, issues and profits as they i l become due and payabi?. Upon the occurrence of an Event of Default, Lender may, either in person or by agent. with or without bringing any action Or p wnesding, or by a receiver appointed by a court and without regard to the adequacy of its security, enter upon and take posseW,,rr. of the Property, or any part thereof; in its own name or in the name of the Trustee, and do any acts which it is deems necessary or d", cable 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 hereof and, with or without taking possession of the Property, sue for or otherwise collect the tarts, issues and profits thereof, including those past due and unpaid, and apply the same, less costs rend expenses of operation and collection including attorneys' fees. upon any indebtedness inured hereby. all in such order as Lendeo i may determine. The entering upon and taking possession of the P+bperty, the collection of such rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done in r response to such defaulter pursuant to such notice of default and, notwithstanding the continuance Irr.passession of the Property of t 1 the collection, receipt and application of rents. Issues or profits, and Trustee and Lender shall be entitled to exercise every Nht provided for in any of the loan Instruments or by law upon occurrence of asiY Event of Default, including without limitation the right to exercise the power of sale. Further, Lender's rights and remedies under this paragraptt•shall be cumulative with, and In no way a - limitation on, Lendw s ri9nts A+r d forT.o$iv5 vnid.^.: a ^; ,.=- '° :gnfn4nt of !oases sr Cd rwnta recor +ded against the Property. Lender, Trust" -- -- and the receiver shall be liable to account only for those rents actually received. 11. EtfeMs of Do%ulL The following shall constitute an Event of Default under this Deed of Trust tt;�b Failure to pay any Installment of principal or interest of any atbo sum secured hereby when due; (b) A breach of or default under any provision contained in the Nate, this Deed of Trust, any of the Loan Instruments, crany• ovw lien or encumbrance upon the Property. (`c) A writ of execution or attachment or any similar process shall be entered agAinst Truster which shall become alien on the Property or any portion thereof or interest therein; (d) There shat be filed by or against Trustor or Borrower an aclzen under any present or future federal, state or othec statute. law or regulation relating to bankruptcy. insolvency or other retie•1 for debtors; or there shall be appointed any trustee, receiver or liquidator 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 general assignment for the benefit of creditors: (a) The sale, transfer, lease, assignment, conveyance or further encumbrance . cxf atl or any part of or eny interest in the Property. either voluntarily or involuntarily, without the express written consent of Lender, provided that Trustor shall be permitted to execuits a lease of the Property that does not contain an opt an to purchase and the term of which does not exceed one year (1) Abandonment of the Property: or If Truster is not an individual, the issuance, sale, transfer, assignment conveyance or encumbrance of more than a total Of percerht of (if a corporation) its issued and outstanding stack or (if a partnership) a total of percent of partnership in*rests during the period this Deed of Trust remains a lien on the Property. 12. Reraedies: AccoWafion Upon DoURAL In the event of any Event of Default tender may, without notice except as required by law, declare all indebtedness secured hereby to be due and payable and the Satre shall thereupon become due and payable w1 hout any presentment. 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 Trustee's interest in the Property to be sold and the proceeds to be distributed. all in the manner provided in the Nebraska Trust Deeds Act; (b) Exercise any and all rights provided for In any of the Loan instruments or 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 enforce any of the covenants hereof. No remedy herein conferred upon or reserved to Trustee or Lender is intended to be exclusive 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 or hereafter existing at law or in equity or by statute, and may be exercised concurrently, Independently or successively. -- 13. Trustee. The Trustee may resign at any time without cause. and Lender may at any time and without cause appoint a - - successor or substitute Trustee. Trustee shall not be liable to any party, including without limitation Lender, Borrower. Trustor or any purchaser of the Property. for any loss or damage unless due to reckless or willful misconduct, and shall not be required to take any ac"n in Connection with the enforcement Of this Dees! of Trust unless order irified. in Ywritin0, for All costs, compensation or expenses which may be associated therewith. In addition, Trustee may become a purchaser at any sale of the Property budictal or ` under the powet of sale granted herein); postpone the sale of all or any portion Of the Property. aS provided by law. or sell the Property as a whole, or to separate parcels or lots at Trustees discretion _ 1 14. Fees and Expenses. In the event Trustee sells the Property by exercise of power of sale. Trustee shall be entitled to apply >ff LLany sale proceeds first to payment of all costs and expenses of exercising power of sate. including all Trustee's fees. and Lender's and Trust"'s attorney's fees. actuaity incurred to extent permitted by applicable law. to the event Borrower or Trustor exercises any nQht provided by law to cure an Event of Default, Lender shaft be entitled to recover from Trustor all costs and expenses actually incurred as a result of Truslot's default including without limitation all Trustee's and attorney's fees. to the extent permitted by evlvfca" 1 &w 13 Falwe AdvaelcN. Upon request of Borrower. Lender may. at its option. make additional and future advances and TO- edvancdS to Borrower Such advances and readvances, with interest thtireon shall be secured by this Deed of Trust At no time st,aii ttt* pr,nt,pal !!mount of the rndebledress tier: gyred by this Deed of Trust not ,nciud:r. 3 Sums advanced to protect the security Of this D"a Of Trust exceed the or:g•nat winciplrl arrtounl Stated herein Of S . whichever, is (treater