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$9 103881
<br />the Property Is so taken or damaged, Lander shall have the option, In.its sole and absolutt► dirrtretion, 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 />r . hereby and in such order as Lender may determine, or to apply all such Prousedb. After sUah.dedualiosta. to the restoration of the
<br />Property upon such conditions as Lender may determine. Any application of Pfoliceedsk to indobtadn mm stiall trot extend or postpone
<br />1 the due date of any payments under the Mote, or cute any default thereunder or hersunder..Anyt unepplied funds shall be paid to
<br />Trustor.
<br />8. Performance by Leader. Upon the occurrence of an Event of Default hereunder, or deny act Is taken or legal proceeding
<br />commenced which materially affects Lender's interest in the Property, Lender mnyt 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 deems necessary to protect Ilia seeurityt hereof. Trustor shall, immediately
<br />upon demand therefor by Lender, pay to Lender all costs and expenses incurred and sumo expended by Lender in connection with
<br />the exercise by Lender of the foregoing rights, together with Interest thereon al'the dofnuh rate provided in the Note, which shall be
<br />added to the indebtedness secured hereby. Lender shall not incur any liability because of anything It may do or omit to do
<br />hereunder.
<br />9. Hazardous Malsdals. 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 heroin-as " environmental Laws'). Trustor shall
<br />keep the Property free from all substances deemed to be hazardous ar,toxie under any Environmental Laws (collectively referred to
<br />herein as "HazwdoUB Materials "). Trustor hereby warrants and represents to Lenderthatdheret are no Hazardous Materials on or
<br />under the Property. Trustor hereby agrees to indemnity and hold harmless Lander. Its directors, officers, emonyees and agents, and
<br />any successors to Lender's interest, from and againsfany and all claims. damages, losses and liabilities arising in connection with
<br />the presence, ttf.%se, disposal or transport of any Hazardous Materials pn, under, from or, about the Property. THE FOREGOING
<br />WARRANTIES AND REPRESENTATIONS.AND TRUSTOR'S OBLIGATIONS PURSUANT TO THE FOREGOING INDEMNITY, SHALL
<br />SURVIVE RF-CCMVEYANCE OF THIS DEED OF TRUST.
<br />10. Asslgnissnt of Rent e. 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 collectand retain such rents, issues and profits as they
<br />f become due and payable. Upon the occurrence of an Event of Default, Lender may, either in person or by agent, with or without
<br />trdNing any action or pre4qeding, 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 desirableto 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 hereof and, with or without taking possession of the Property, sue for or
<br />otl erwise collect the rentt 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' fees, 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 notice of default hereunder or invalidate any act done in
<br />response to such default or ptursuant to such notice of default and, notwithstanding the continuance in possession of the Property'&
<br />the collection, receipt and application of rents, issues or profits, and Trustee and Lender shall be entitled to exercise every fight
<br />provided for in any of the Loan Instruments or by law upon occurrence of any Event of Default, including without timitationthe ript
<br />to exercise the power of sate. Further. Lender's rights and remedies under thisparagraph shall be cumulative with, and Irmo way a'
<br />limitation on, Lenders rights and remedies under any assignment of leases and rents recorded against the Froperiy. 'Lerwier. irusiee
<br />and the receiver shall be liable to account only for those rents actually received.
<br />11. Events of ONault. The following shall constitute an Event of Default under this Deed of Trust
<br />(a) Failure to pay any Installment of principal or Interest of any other sum secured hereby when due;
<br />(b) A, bmch of cr doMult under any pro r't
<br />vislon ctaired In the tt ote. this Deed of Trust any of the Lo=s,, instau nort's, or any
<br />other lien or encumbrance upon the Property;
<br />(c) A writ of execution or attachment or any similar process shall be entered against Trustor which shall bec+Tart: alien on
<br />the Property yr 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 or other
<br />statute. law or reguliition relating to bankruptcy, insolvency 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 Property, or the rents, issues or profits thereof, or Trustor.
<br />or Borrower shall make any general assignment for the benefit of creditors;
<br />(e) Ths sale, transfer, lease, assignment, conveyance or further encumbrance of all or any part of or any interest in the
<br />Property,, ether voluntarily or Involuntarily, without the express written consent of Lender, provided that Trustar'shall be
<br />permitted &o 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 />(f) Abandonment of the Property; or
<br />(S) ,if Trustor is not an individual, the issuance, sale, transfer, assignment, conveyance or encumbrance of mare'tttan a total
<br />of percent of (if a corporation) its issued and outstanding stock or cif a partnership) a total of 10ercent of
<br />partnership interests during the period this Deed of Trust remains a lien on the Property.
<br />12. Rernedias; Aeceieration Upon Default. In the event of any Event of Default Lender may, without notice except as required by
<br />tavr; declare all indebtedrteas 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's
<br />interest in the Property to be sold and the proceeds to be distttbuted, all in the manner provided in the Nebraska Trust Deeds
<br />v 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 shall be cumulative, shall be in addition to every other remedy given
<br />hereunder, in the Loan Instruments or now or hereafter existing at law or in equity or by statute, and may be exercised concurrently,
<br />independently or successively.
<br />13. Trwlae. The Trustee may resign at any time without cause, and Lender may at any time 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 willful misconduct. and shall not be required to take any
<br />action in connection with the enforcement of this Deed of Trust unless indemnified. in writing, for all costs, compensation or
<br />expenses which may be associated therewith. In addition, Trustee may become a purchaser at any sate of the Property (judicial or
<br />under the power of sate granted herein); postpone the sale of all or any portion of the Property, as provided by law; or sell the
<br />Property as a whole, or in separate parcels or tots at Trustees discretion.
<br />14. Fe" and Expenees. In the event Trustee sells the Property by exercise of power of sale. Trustee shall be entitled to apply
<br />LL.. any sate proceeds first to payment of all costs and expenses of exercising power of sate. including all Trustee's fees, and Lender's
<br />and Trustee's attorney's fees. actually incurred to extent permitted by applicable law In the event Borrower or Trustor exercises any
<br />right provided by law to cure an Event of Default. Lender shall be entitled to recover from Trustor all costs and expenses actually
<br />incurred as a result of Trustor's default, including without limitation all Trustee's and attorneys fees. to 'he extent permitted by
<br />a"irable law
<br />is Future Advances. Upon request of Borrower. Lender may. at its option make add:tional and future advances and fe-
<br />advarces to Borrower Sjch advances and readvances with nteresI thereon shag be secured by this Deed of Trust At no time s►:a,'
<br />the principal amount of t+io,ndebtedness secured by this Deed of Truss r1of nciudiny sores advanced to protect the security of this
<br />Deed (if 1r y51. (?.cf?ftU t►trf crr lj nal per nCvpar a!r;6unt stated ►ie'C "r, Gr 5 .s greater
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