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1 90.10 5681 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 Proceed#, upon any indebtedness secured hereby and in such order as Lender may 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 postpone, the due date of any payments under the Note, or cure any default thereunder or hereunder. Any unapplled funds shall be paid to Trustor. 8. Parloenanw by Lender. Upon the occurrence of an Event of Default hereunder, 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 fails to do and may also do any other act it deems necessary to protect the security hereof. Trustor shall, Immediately upon demand therefor by Lender, pay to Lender all costs and expenses incurred and sums expended by Lender in connection with the exercise by Lender of the foregoing rights, together with interest thereon at HTe default. rate provided in the Note, which shall be added to the indebtedness secured hereby Lender shall not incur any liability because of anything it may do or omit to do hereunder. g. Hazardous Materials. Trustor shall keep tfhe Property in compliance with all applicable laws, ordinances and regulations relating to Industrial hygiene or environmental protwtion (collectively referred to herein as " Environmer" taws'?_ Trustor shall keep Mte Property free from all substances deemed to be hazardous or toxic under any Environmental laws (collectively referred to herein as "Hazardous Materials"). Twister hereby warrants and represents to Lender that there are no Hezarftio Wwlerials on or under the Property, Trustor hereby agrees to indemnify and hold harmless Larder, its directom officers, ernG:c+yses and agents, and any successors to Lender's interest, from and against any and all ciaims. damages. losses and liabilities tt using in connection with the presence. use, disposal or transport of any Hazardous Materials on, under• from or about" Ts operty. THE FOREGOING WARRANTIES AND REPRESENTATIONS.. AND TRUSTOR'S OSUGATIONS PURSUANT 1rO THE FOREGOING INDEMNITY, SHALL SURVIVE RECONVEYANCE OF THI..r I iE(ED OF TRUST. 10. Aselpnment of 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 hereof and, with or without taking possession of the Property, sue for or otherwise collect the rents, issues and profits thereof, including those past due and unpaid, and apply the same, less costs and expenses of operation arid collection including antlrareys fees, upon any nnpemfedness secured hereby, aii in such order as Lender may determine. The enterang upon and taking possession of the Propertb 'Ihe collection of such rents, issues and profits and the application thereof as aforesaid, atta):, not cure or waive any detaull or notice of default hereunder or invalidate any act done in response to such default or pursuant to such notice of default arid. notwithstanding the continuance in possession of the Property or the collection, receipt and application of rents, issues or profits, and Trustee and Lender shall be entitled to exercise every right 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 remedies under this paragraph shall be cumulative with, and In no way a ,mrillation on, Lender's rights and remedies under any assignment of leases and rents recorded against the Property. Lender, Trustee and the receiver shall be liable to account only for those rents actually received 11. Evans) of D~. The following shall constitute an Event of Default under this Deed of Trust: (a) Failure to pay any Installment of principal or 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 :►,P Loan Instruments, or any other lien or encumbrance upon the Property, (c) A writ of execution or attachment or any similar process shall be entered against Trustor w,in,ct• shall become a lien on the Property or any portion thereof or interest therein, .1d) There shall be filed by o r against Trustor or Sot rodirer an action under any present or kwilore federal. state or other statute, law or regulation relating to bankruptcy, insolvency, a7 other relief tot debtors; or there stra !,: be appointed any trustee, receiver or liquidate-, of Trustor or Borrower or of all or any pan of the Property. or the rents, issues or profits thereof, or Trustor or Borrower shall ma (v any general assignmment for the benefit of creditors, (e) The sale, transfer. lease, assignment, conveyance or further encumbrance or all or any part of or any interest in the Property, either voluntarily or ,nvaiuntarily, without the express written consent of Lender; provided that Trustor shall be permitted to execute a lease of the Property that does net c ontain an option to purchase and the term of which does not exceed one year, (f) Abandonmern : of the Property; or (g) If Trustor is not an individual, the issuance. sale, transfer, assignment, conveyance or encumwance of more than a total of --percent of (if a corporation) its issued and of ie.stariding stock or (d a carin•ersnip` a total of __ . _ percent of partnership interests during the period this Deed of Trust refrains a lien on the Pia rerty 12. Remedies; AccNe►ation Upon Default In the event of any Event of Ua ±.a ult Lender mav, w+ts:cWr e.;lace except as required lbw raw, declare all indebtedness secured hereby to be due and payable dru tr•P game st,ali ttrereupor, t: ecome due and payable without achy presentment, demand, protest or notice of any kind. T.rereaftet ;Lerider may ta) 3amand that Trustee exercise the POWER OF `AJ granted rmreln wra '•astee shall thereafter cause Trustor's uefeitpal al Use Pwytuty to be $old and the proceeds to be ctisirmuted. au in the mania• provided in ine Nebra9Ka Trust Deeds Act: (b) Exercise airr; and all rights provided for in any of the Loan ',rsir.-wrtents 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 s ••rented to bie r-x,_-usive of any other remeov nere.n. in the Loan Instruments or by taw provided or permitted. but eats ilia.. Ce C. Snag be in adds rill to every Omer remedy give-n hereunder, rn fife Loan Instruments or now or hereafter exisang at haw or .n eowfy or pv warts. and rnav be exercised concurtrommV Mdependerirty or successively 13 Tnaffee. The Trustee may resign at any time wrinour cause. ana Linde, may at any time and without cause appoint a succetsumorsubstitute Trustee Trusteeshall not be liable toanyparry including w,th(k iif limitation Lender. Borrower.Trustororany purchawr of trier Property. for any loss or damage unless due 1'J rtlGleleSS Jr w-llfu mtsconciuct and shall not be required to take any aetoW in Col'1410dW with the enforcement of this Deed of Trust unless indemnified. in writing, for all costs. compensation Or expense which may be associated therewith In addition. Trustee may become a purchaser at any sale of the Property gudicial or under the power of sale granted herein). postpone the sale of all or any portion of the Property. as provided by law. or awl the Property as a whole• or in separate parcels or lots at Trustee s discretion 14 Fee and Expellees. In the event Trustee delis the Property by exercise of Vuwur of salt Trustee shall Lm entitled to apply L any sale proceeds first to payment of all costs and exponmits of exprosing power of !Nile. including all Trustee s fees And Lenders and trustee's attorney's fees, actually incurred to extent permitted by applicawe taw in the event borrower or Tru%t.)r r■rr•_ -ses any right provided by law to cure an Event of Default L entter shall tit+ entafed tri ,ii. uir, rice*, Trusicir Jell , .•its dr a eJ1&W"1 es athiaiiy Incurred as a result of Trustor 's default •mcfujifig Aithoul hmilat fir; dl! T.USIee S A-d Att;•tiPy 5 fet!li h) the extent perni•ned by applicable law 15 Future Advances. Upon request of Bor,uvrer Iendoi niny It •11 •,pt +r, ^ARN ijj t onal ant future ddrFeriClS arid re advents to Botrat►et SUL" advances and readvantes wil►i titefesl ftieftKm Shan hr Yee .,,ed br th.S Deej •if Y,,jsf Ai m, h'ne %haii the (irincipat amount alfhe indebtedness efk'ured by t'i,s Uelhf trf trust tint .rn 111`14 yv^ s 441.4-(t.0 t•i whiff,. t !''r ♦.•, t, , A ter S Deed of Trust exceed the original pr,ncipdi Arn.+utii Stdtei r•r•rr• r. ,,, S err, . ^r.i•, r q rAtr• t� 1