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<br />the Property Is so taken or damaged. Lender shall have the option, In Its sole and absolaite 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 />a. Perfonnanae by Lender. Upon the occurrence of an Event of Default hereunder, or if any act Is taken or legal proceeding
<br />commenced which 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 Truster has
<br />agreed but falls to do and may also do any other act it deems necessary to protect the security hereof. Trustor shall, immediately
<br />upon demand therefor by Lender. pay to Lender all costs 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 shall not Incur any liability because of anything It may do or omit to do
<br />hereunder.
<br />9. Hazardous Materiels. 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 Lews'•). Trustor shall
<br />keep the Property free 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 Properly. Trustor hereby agrees to indemnity and hold harmless Lender, its directors, officers, employees and agents, and
<br />any successors to Lender's interest, from and against any and all claims, damages, losses and liabilities ar•sing THE FOREGOING
<br />with
<br />the presence, use, disposal or transport of any Ha:aQ¢ taus Materials on, under, from or about the Prroperty.
<br />WARRANTIES AND REPRESENTATIONS, AND TRU,STOR -S OBLIGATIONS PURSUANT TO THE FOREGOING INDEMNITY. SHALL
<br />SURVIVE REQ ONVEYANCE OF THIS DEED OF TRUST.
<br />10. AsaIgnment of Rents. Trustor hereby assigns to Lenda- the rents, issues and profits of the Property: provided that Trustor
<br />shall, until the occurrence of an Event of Default hereunder, Nava the right to collect and retain such rents.. issues and profits as they
<br />tcecome due and payable Upon the occurrence of an Event of Default. Lender may, either in person ,cr vy 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 to the name of the Trustee, and do any acts which A
<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 hereof and, with or without takmg possession of the Property, sue for or
<br />otherwise collect the rents, issues and trrulil5 lbareot, including thaw past due and unpa -d, and apply the same. less costs and
<br />expenses of operation and collection including atlorneye' fees. upon any indebtedness secured hereby, all In such order as Lender
<br />^gay 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 iieault or notice of default hereunder or invalidate any act done in
<br />response to such default or pursuant to such notice of default am., notwithstanding the continuance in possesslor o 11he Property or
<br />the collection, receipt and application of rents, issues or profits, and Trustee and Lender shall be entitled to exercise every right
<br />provided for in any of the Loan Instruments or by law upon occurrence of any Event of Default• including wilnout limitation the right
<br />10 exercise the power of sale. Further. Lender's rights and remedies under this paragraph shall be cumulative with, and in no way a
<br />limitation on, Lender's rights and remedies under any assignment of leases and rents recorded against this Property. Lender, Trustee
<br />and the receiver shall be liable to account only for those rents actually received.
<br />11. Events of Defouft. The following shall constitute an Event of Default under this Deed of Trust:
<br />(a) Failure to pay any installment o1 principal or interest of any other sum secured hereby when due.
<br />(b) A breach of or default under any provision contained in the Note.1'his Deed of Trust, any of Me Loan Instruments, or any
<br />other lien or encumbrance upon the Property:
<br />(C) A writ of execution or attachment or aTiy similar process shall be entered against Trustor which shall become a lien on
<br />the Property or any portion thereof or Interest therein:
<br />(o) There shall be filed by or against Trustor or Bo•Trwer av action under any present or future federal. state or other
<br />statute, law or regulation relating to bankvuptry. insolvency oT otner 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 Pr�certy. or the rents. issues or profits thereof. or Trustor
<br />or Borrower shall make any general assignment for the benefit of crew,,:.rs:
<br />(e) The sale, transfer, lease. assignment, conveyance or further encumbrance of all or any part of or any interest In the
<br />Property, either voluntarily or involuntarily. without the express xyritten consent of Lender, provided that Trustor shall be
<br />permitted to 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 />(1) Abandonment of the Property. or
<br />(g)) If Trustor is not an individual, the is suance. sale, transfer, assign °ant, conveyance or encumbrance of more than a torsi
<br />Of . percent of (if a corporation) its issued and outstanding stock or lit a pa . ^ership) a total of — percent of
<br />partnership interests during the period this Deed of Trust remains a hen on the P-c;t y.
<br />12. Rernedlee; Acceleratlon Upon Default. In the event of any Event of Default Lender may, without notice except as required by
<br />law, declare all indebtedness secured hereby to be due and payable and tie 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 Wx&cise the POWER OF SALE granted herein, and rrustee shall thereafter cause Trustors
<br />interest In the Froperty to M ail r'8 and tha procceds to be d "tr'buted. Pit in thw rrannrrr provided in the Nebrasws Trust Deeds
<br />Act
<br />(b) Exercisw any and all rights provwtty for in any of the Loan instruments or by law upon occurrence of any Event of
<br />Default; and
<br />ile► Commence an "bon to l0recloae r�ls 13000 01 Trust as a mortgage, appoint a receiver, or specificall y enforce any o- the
<br />covenants hereof.
<br />No remedy herein conferred upon or reserved to Trustee o -• 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 taw or in equity or by statute. and may be exercised concurrently,
<br />independently or successively.
<br />13 Trustee. The Trustee may res;gn at any time without cause, and Linder -ay st 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 wilitui rn,s,:onduct, and shall not be required to rake an y
<br />action in connection with the enforcement of this Deed of Trust unto" indemnified. in writing, for all costs, compensation or
<br />expenses which may be associated therewith In addition. Trustee may become a purchaser at any sale of the Property Oudicial Or
<br />under the power of sale 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 lots at Trustee's Aicrtwtinn.
<br />14. Fese arid ExperleM• In the event Trustee sells the Property by exercise of power of tale. Trustee shall be untitled to apply
<br />any sale proceeds first to payment of ail costs and expenses of exercising power of sale including all Truslea's fees. and Lenders
<br />and Trustees attorney's lees, actually incurred to extent permitted by applicable law in trio event Borrower or Truster exercises any
<br />right provided by law to cute an Event of Default. Lender shall be entitled to tecvver from itustor all cubis and expenses actuant
<br />incurred as a result of Trustors default, including wilhoul limitation all Trustees and attorney s fppb it.) the extent tietrnihed bt
<br />applicable low
<br />15 Future Advances. Upon request of Borrower. Lender mat at itS option indke add -Kinal 1013 lulure ddvd"t. 0S and to
<br />advances to Borrower. Such advahres and readvances with ,ntprOSI thereon Shall fit- SOL kited hi 'h,5 t God t,l T, %)%I At ••• limp %hat'
<br />the princ opal amount of the indebtedness secured by this Deed jif TtuSt ,, tv ,.'trill
<br />Deed of Trust. exceed the original principal amount stated herP,t, ,• S .►t•,t t•'•.t" jtt'•tlt•l
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