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<br />90- 105982
<br />the Properly Is so taken 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 />Truslor.
<br />8. Performance 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 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 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 />j added to the indebtedness secured hereby. Lender shall not incur any liability because of anything it may do or omit to do
<br />4 , hereunder.
<br />9. Healllydous Mstertals. 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 />keep the Property free from all substances deemed to be hazardous or toxic under any Environmental Laws (collectively referred to
<br />i herein as "Hazardous Materials "). Trustor hereby warrants and represents to Lender that there are no Hazardous Materials on or
<br />under the Property. Trustor hereby agrees to Indemnify 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 arising In connection with
<br />the presence, use, disposal or transport of any Hazardous Materials on, under, from or about the Property. THE FOREGOING
<br />WARRANTIES AND REPRESENTATIONS, AND TRUSTOR'S OBLIGATIONS PURSUANT TO THE FOREGOING INDEMNITY, SHALL
<br />SURVIVE RECtlNVEYANCE OF THIS DEED OF TRUST.
<br />10. Assignment of Rents. Trustor hereby assigns to Lender the rents, issues and profits of the Property; provided that Trustor
<br />i shall, unfit the occurrence of an Event of Default hereunder, have the right to collect and retain such rents, issues and profits as they
<br />i 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 pr4t9G1i th9 w+r !city hnraof and, with or without taking posvaarsinn of thw Prnrty, rsirw 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 />I expenses of operation and collection including attorneys' fees, upon any indebtedness secured hereby, all In such order as Lender
<br />i 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 pursuant to such notice of default and, notwithstanding the continuance in possession of the Property or
<br />the collection, receipt and application of rents. Issues or profits, and Trustee and Lender shall be entitled to exercise every right
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<br />provided for In any of the Loan Instruments or by law upon occurrence of any Event of Default, including without limitation the right
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<br />to 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 the Property. Lender, Trustee
<br />and the receiver shall be liable to account only for those rents actually received.
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<br />11. Events of Default. 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 breach of or default under any provision contained in the Note, this Deed of Trust, any of the Loan Instruments, 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 become a Iron on
<br />the Property or any portion thereof or interest therein;
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<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 regulation 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) The sale, transfer, lease, assignment, conveyance or further encumbrance of all or any part of or any interest In the
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<br />i Property, either voluntarily or involuntarily, without the express written 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 />(f) Abandonment of the Property; or
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<br />(g) If Trustor is not an individual, the issuance, sale, transfer, assignment, conveyance or encumbrance of more than a total
<br />of percent of (if a corporation) its Issued and outstanding stock or (if a partnership) a total of percent of
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<br />partnership interests during the period this Deed of Trust remains a Iron on the Property.
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<br />12. Remedles; Acceterstlon Upon DdaWL In the event of any Event of Default Lender may, without notice except as required by
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<br />{ law, declare 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 thereafter cause Trustor's
<br />Interest in the Properly to be sold and the proceeds to be distributed, 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 used or (rust as a mortgage, appoint a receiver, or speciiicaiiy 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. Trustee. 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
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<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 ail costs, compensation or
<br />expenses which may be associated therewith. In addition. Trustee may become a purchaser at any sale of the Property (judicial or
<br />under the power of sets granted herein); postpone the sale of all Or any portion of the Property, as provided by law, or sell the
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<br />Property as a whole, or In separate parcels or lots at Trustee's discretion
<br />14. Fees and Expenses. In the event Trustee sells the Property 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 r ncludrng 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
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<br />right provided by law to cure an Event of Default. Lender shall be entitled to recover trop, Trustor all costs and expenses actually
<br />incurred as a result of Trustor's default including without limitation all Trustees and attorney s fees. to the extent permitted by
<br />applicable law.
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<br />15 FuWre Advainces. Upon request of Borrower. Lender may, at its option, make add,tional and future advances and re-
<br />advances to Borrower Such advances and readvdnces. with interest thereon shalt be seCU•ed by INS Deed of Trust At no time shall
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<br />the principal amount of the indebtedness secured by th -! Coed of Trust not includ,ng su-s advanced to protrO tar sic u i th ,.f tr „s
<br />Deed of Trust, exceed the original principal amount slated herein or $ . *h,chever -s greater
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