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<br />gg..104209 - 8 VO ID120
<br />ft Property 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 ali costs and expenses Incurred by it In connection with such Procee* upon any IndslAsdneas 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 />Properly upon such conditions as Lender may determine. Any application of Proceeds to indebtedness shall not extend or postpone
<br />: Me due date of any payments under the Nate, or cure any default thereunder or hereunder. Any unapplied funds shall be paid to
<br />Truster.
<br />8. pMlornlanee by Lender, upon the occurrence of ad Event at Default hereunder, or it any act is taken or legal proceeding
<br />commenced which materially affects Lender'a interest In the Property. Lander msy;n 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 wrhich 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 tender 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. Hasardous MaisAale. Trustor shall keep the Property in compliance with all applicable laws, ordinances and regulations
<br />relating to industrial hygiene or environmental protection (collectively teferred to herein as "Environmental Laws'). Trustor shall
<br />keep the Property free from all substances deemed to be hazardous or:taxic under any Environmental Laws (collectively referred to
<br />herein as "Hazardous Materials'). Truster hereby warrants and represents to Lender that there are no Hazardous Materials an at
<br />under the Property- Truster hereby agrees to indemnify and hold harmless Lendec,.its directors. officers, employees and agents, and
<br />any successors to Lender's interest, frorr and against any and aft claims. damages, losses and liabilities arising in connection with
<br />the presence, use, disposal or transport of any Hazardous Materiats on. under, from or about the Property. THE FOREGOING
<br />WARRANTIES AND REPRESENTATIONS, AND TRUSTOR'SOBLtGA ONSPURSUA, NTTOTHEFOREGOINGMOEMNITY,,StALL
<br />:.
<br />SURVIVE RECONVEYANCE OF THIS DEED OF TRUST.
<br />10. Aatsigtwtrent di Rents. Trustor hereby assigns to Lender the rents, issues and profits of,the Pro pets; provided that Trustor
<br />shal'r, until the occur rence of an Event of Default hereunder, have the right to collectand retain such rents. Issues and profits asthey :
<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 actor or proceeding, or by a receiver appointed by a court and withoutregard to the adequacy of its security, enter
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<br />upon and take possession of the Property. at any part th ereof, in r is 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 Mare 6tflserein,
<br />increase the income therefrom or protect the security hereof and. with or without taking possession of the Property, su>gfor or
<br />otherwise collect the rents, issues and profits thereof, including those past due and unpaid, and apply the same, less costs and
<br />expenses of operation and collection ir"ciuding attorneys' tees, upon any indebtedness secured hereby, all in such orderas Lender
<br />per
<br />may determ.-ni, -171w entering upon anC =+;rig possession of the Property, the collection of such rents, Issues and profits and the
<br />- application there i as aforesaid. shall rct cure or waive any default or notice of default hereunder or Invalidate any ad` dons in
<br />rew; nse to such default or pursuant to such nonce of default and, rro:ay.•thstanding thecontinuance in possession ,.` ti.iePr•7:erty or
<br />fme c zliection, receipt and application of rents, issues or prints.: Trustee and Lender shall be entitled to er,;arf i,w every right
<br />i provided for in any of the Loan instruments or by law of any Event of Default. including withwl,S r^:f3tion the right
<br />to exercise the power of sate. Further, Lerder's rights aid• �emoc re :s urfler this paragraph shall he cumulative ratty, and in no way a
<br />limitation on. Lender's rights and remedies :ender any assignmen t d levies and rents recorded against the Property. Lender.. Trustee
<br />and the receiver shall be liable to account only for those rents actl,z' y received.
<br />11. Events of Default. The following shall constitu:e 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 Nota, this Deed of Trust, any of the Loan Instruments, or any
<br />other lien or encumbrance upon the Property;
<br />(c) A wet o! execution or attachment or any similar piowss ^,hall be entered against Trustor which shall beccrnm_, ^,.lien on
<br />the Property or any port'.on thereof or interest lhsrein,
<br />(d) There shall Lie '�.dd by or against Trustor or Borrower an action under any present or future federal, state or other
<br />c�atute, law or reg %;;att r ^aa:ating to bankruptcy. it solvency of other relief for debtors, or !hero shall be appointed any trustee,
<br />receiver or liquidator of 7,-ustor or Borrower or of all or any part of the Property, or the rents, issues or profits thereof, or Trustor
<br />or Borrower shalt 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
<br />•Property, either voluntarily or involuntarily, without the express written consent of Lender, provided that Trustor shall be
<br />permitted to execute a (aase of the Property that does not contain an option to purchase and the term of which does not exceed
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<br />one year,
<br />(1) Abandonment of the Property, or
<br />(g) It Trustor is not an individual, the issuance. sate. transfer, assignment, conveyance or encumbrance of more.tPai a total
<br />aee■'r
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<br />of percent of (rf a corporation) its issued and ou tstanding stock or (it a panic; ship) a total of ___ percent of
<br />_.. _ ___ .
<br />partnership interests during the period this Deed �t Trust remains a hen on the Property
<br />12. Remedies; Acceleration Upon Default. In tt -e,e, of,. of any Event of Defau't Under may, without ncticq,rexcept as required by
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<br />lxw. declare all indebtedness secured hereby to to tine and a:3ya!_te and the sar-e si"afi tre-reupon become due ar+C payable
<br />wlffteut any ;ril6antment, demand, protest c+ notice a` any kind. T1�l eaher LenCet Ta;1
<br />(a) tie ^sand that Trustee exer,,~� 'he POWER OF SALE granted here- ar :• �r;.rjn � shall thereafter cau36 1'► �stor's
<br />i interest in they Property to be sold and the ptoce3ds to be distributed. all in firs -, i ,rrein oravided in the mebraska Trust Deeds
<br />Act
<br />(b; Exercise ar) zn7 all rights provided for •• any of the Loan Instruments or by taw upon ocoxfur ^ce of any Event of
<br />Default. ar'd
<br />(c) Oas+rence an action to forel:lrse this Deed of Trustas a mortgage, appoint a fee, ilv*r or spec a,ty entorcra ar" i of thB
<br />covenarras•it? iteof.
<br />tda. remedy herein conferrea..upon or reserved to Trustee or Lender is intended to be exclusive of any other remedy herrgin, in the
<br />bran instruments or by 4.-,M, 7 ovided or permitted. but each shall be cumulative, shall be in addition to every other remedy given
<br />hereunder, in the Loan Ir.-lin.ments or now or hereafter existing at law or in equity or by statute, and maybe exorcised concurrently.
<br />independently of success: :�siy
<br />13. Trt*w. The Tr�Stme may resign at any time without cause, and Lender may at any time and without cause appoint as
<br />successor or substitute Tr,'.' RAee Trustee shall not be liable to any party, including without limitation Lender, Borrower, Trustor or any
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<br />purchaser of the Propemy: fi;r any loss or damage unless due to reckless or willful misconduct, and shall not be required to lake any
<br />action in connection wilt! ;he enforcement of this Deed of Trust unless indemnified. in writing, for all costs, compensation or
<br />expenses which may ipr atwociated therewith in addition. Trustee may become a purchaser at any safe of the Property (judicial or
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<br />tip -dw the pa"r of ;dao i:at_!cd herein'h postpone the sale !� all i t any pnitrnn eif the Property- as provided by law, or sell the
<br />Properly as a whole, at in separate parcels or lots at Trustee'n discretion
<br />14 Felt 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 o't sale. including all Trustee's tees. and Lender's
<br />and TrusteisaNAmey'steee, actuall yincutredtoextentpermittedbyapplicablelaw intfie event Sot rowetorTruslotoxerc isesany
<br />right prerided bylaw to Cure an Event of Default Lender shall be entitled to recover from Trustor air rusts and expenses actually
<br />incurred as a result of Trust:.Xs defau'•t including without limitation all trustee's and attorneys fees. .to the outtent permitted by
<br />applicable ra-M
<br />!S Future Advances. Voon request of Mirower- Lends* may. rill its opt,un. make add hewer and future advances and to-
<br />the►ean, besee;uredby this Med of Trust At no tiniest +ail
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<br />Such advances and readvarrcom wjth in!oregt shall
<br />ins pim crpelorno unto f the indebtednesssetu red byt1iiu iuedofrrurat, fiatMul; dY105j" 19 adva1"cedtaptatecttresewi ,ty0fthis
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<br />' Deed of Trust, erceied tho ov(prial wwc�pai arr,u;rnt MaTed tiers n rn 5 - art; hV-.Vt s grea!uT
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