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<br />90- 105685
<br />the Property Is so token or damaged. Lender shall have the option, in its sole and absolute discretion, to apply all such Proceeds,
<br />after 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 date of any payments under the Note, or cure any default thereunder or hereunder. Any unapplied funds shall be paid to
<br />Trustor.
<br />9, Petbrmeaas ey Lender. Upon the occurrence of an Event of Default hereunder, or if any act is taken or legal proceeding
<br />commenced which m Wially aflects 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 Trustor and without releasing Trustor 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. Trustor shell, immediately
<br />' upon demand therefor by tender. pay to Lender all coats and expenses incurred and sums expended by Lender In connection with
<br />the exercise by Lender of the foregoing rights, together with interest thereon at the default rate provided in the Note, which shall be
<br />added to the indebtedness secured hereby. Lender shalt not incur any liability because of anything it may do or omit to do
<br />hereunder.
<br />9. Hazardous INslterlaM. Trustor shall keep the Property in compliance with all applicable laws, ordinances and regulations
<br />relating to Industrial hygiene or environmental protection (collectively referred to herein as "Environmental Laws'). Trustor shall
<br />r keep the Property It" 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 Plop". Trustor hereby agrees to indemnify and hold harmless lender, its directors, officers, employees and agents, and
<br />any successors to Lender's Inforest, from and against any and all claims, damages. losses and liabilities arising in connection with
<br />the presence, use, disposal or transport of any Hazardous Materials on under, from or about the Properly. THE FOREGOING
<br />l WARRANTIES AND REPRESENTATIONS, AND TRUSTOR'S OBLIGATIONS PURSUANT TO THE FOREGOING INDEMNITY, SHALL
<br />SURVIVE RECONVEYANCE OF THIS DEED OF TRUST
<br />10. AedOlunent of Rena. 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 />deems necessary or desirable to preserve the value. marketability or rentability of the Property, or any part thereof or interest therein,
<br />increase the income therefrom or protect the security horeof and• with or without taking possession of the Property, sue for or
<br />otherwise collect the rents, Issues and profits thereof, including those past due and unpaid, and apply the same, less costs and
<br />expensssotoperabon and collbction including attorneys' fees. upon any indebtedness secured hereby, all in such orderas Lender
<br />may dalewrnnw The entering upon and taking possession of the Property. the collection of such rents. issues and pr0litb and the
<br />applica6w, gwrect ij,$ aforesaid. shall not cure or waive any default or notice of default hereunder or invalidate any act done In
<br />resp,case to such dvlw ,, It or pursuant to such notice of default and. notwithstanding the continuance in possession of the Property or r
<br />the coilecbm. rec.W and application of rents, issues or profits, and Trustee and Lender shall be entitled to exercise every right '
<br />provided for i n arty of'tl ^e loan Instruments or by law upon occurrence of any Event of Default, including without limitation the right
<br />to exercise Ow polsw ,ot sale Further, Lender's rights and remedies u rider this paragraph shall be cumulative with and in no way a
<br />limitation on. LeNW's rights and remedies under any assignment of teasos and rents recorded against the Property. Lender, Trustee
<br />and the recencer srtal: to liable to account only for those rents actually received
<br />11. Evsn% of D iftri 1. The following shall constitute an Event of Default under this Deed of Trust
<br />(a) Folllwe V 1 pay any installment of principal or interest of any other sum secured hereby when due.
<br />(b) A breac•"r otor default under any provision contained in the Note, this Deed of Trust, any of the Loan Instruments, or any
<br />other lien or oricjimbrance upon the Property,
<br />(c) A wntoriaxovutlon or attachment or any similar process shall he entered against Trustor which shall become a lien on
<br />the Property or any portion thereof or interest therein: _
<br />(d) There %Nall be filed by or against Trustor or Borrower an action under any present or future federal, state or other
<br />i statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors. or there shall be appointed any trustee,
<br />i reCWilrelr or hq�.-4zator of Truslor or Borrower or of all or any part of the Property, or the tents, issues or profits thereof, or Trustor
<br />or. Siorravior +snaill make any general assignment for the benefit of creditors:
<br />(e; rm sale, transfer, lease, assignment, conveyance or further encumbrance of all or any part of or any interest in the
<br />i Property, ealhor voluntarily or involuntarily, without the express written consent of Lender. provided that Trustor shall be
<br />permitted to ere"ie 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 />(q Abandonment of the Property, or
<br />(g) It Trrrsl or is not an individual, the issuance. sale, transfer, assignment, conveyance or encumbrance of more than a total
<br />of .— percent of fit a corporation) its issued and outstanding stock or (if a partnership) a total of __ _ percent of f
<br />partnership interests during the period this Deed of Trust remains a lion on the Property
<br />12. Remedies; AccMi rskm Upon Default. In the event of any Event of Default Lender may. without notice except as required by
<br />law, doctor* 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 thereatter cause Trustee's
<br />Interest in the Prri�.rt'y In hill sold and the prr_eMs to" el-IrrhrrlM 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 />K^ , ,nnn V regWwed in Trust.a or Lander is intended to be exclusive of anv other remedy herein, in tree
<br />Loan Instruments or by law provided or permitted, but each shall be cumulative shall be in addition to every other remedy given
<br />hereunder, In the Loan Instruments or now or hereafter existing at taw or in equity or by statute. and may be exercised concurrently,
<br />independently or successively.
<br />13. Trustee. The Trustee may resign at any time without cause. and Lender may at any bate and without 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 />purchaser of the Property. for any loss or damage unless due to reckless or wtliful misconduct, and shall not be required to take any
<br />action In connection with the enforcement of this Deed of Ti ist unless indemnified. in writing, tot all costs, compensation or
<br />expenses which may be associated therewith In addition. Trustee may become a purchaser at any sale of the Property Qudiciat or l
<br />under the power of sale granted herein), postpone the sate of all or any portion of the Property as provided by taw, or sell the
<br />Property as a whole. or In separate parcels or lots at Trustee's disereunn
<br />14. Fees and ExpMtsls. In the event Trusten sells the Properly 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 exercising power of sale. including all Trustee's fees. and Lender's
<br />and Trustee's attorney's lees. actually incurred to extent permitted by applicable taw in the event 13oirower or Trustor exercises any
<br />right provided by taw to cure an Event of Default. Lender shall be entitled to recu.er Iron, Trustor an costs and expenses actually
<br />incurred as a result of Trustoe's default including without limitation all Trustees and atlornPy 8 fees. to the patent permitted by f�
<br />applicable law meal
<br />15 Future Advances. Upon request of Borrower. lender may it Is „pt-on rnalAp adtl -hunai and f„ itue advances and re
<br />advances to Borrower Such advances Jnd readvances with ,nteittst Ihwoon shall bee secured by iN% Dovd of Tnit,t At no time shall '
<br />the pnnerpal amount of the indebtedness set urNd by ihrs Deed [If Tr „tit 'tif f k4r, ll`l)in•5 ,idva•,t rd t" pr,,Ir•t f tt,r, M., •04V „t IN%
<br />Dead of Trust. exceed the anginal prrnCipy, amount Stated herein ,,r $ 1 rtf,..T ill Wit he vw % yyodler
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