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89-r104240
<br />"Properly is so taken or damaged. Lender shah 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 indeb%drwm secured
<br />hereby and in such order as Cbnder may determine; or to apply all such Proceeds, after such deductions, to the restong lon of the
<br />Property upon such conditions as 4Rnder may determine. Anyappllcation of Procefda to ;tfdebtiedneas $hall not exMndor postpone
<br />the due date of any payments under the Note, or cure any default thereunder or hereunder. Any unapplied funds shall to pair! to
<br />Truslor.
<br />8- 'erfioriamme by tender. upon the occurrence clan Event of Defaulthereunder, cr if anir d Is taken or legal proceeding
<br />commenced which matartalty affects Lender's itilpresl in the Property. Lender stay in its awd.Qlsr;rrrtlignr but without obligation to do
<br />so, and without notice to or demand upor T? I ustcr and without releasing Trulstcr frRm any ablia"un, daP anir act which Trustor has
<br />agreed but fails to do and stay also do any cilher sct it deems necessary to pride . the security tifrecf. Vgetor Mall. immediately
<br />upon demand therefor by Lender. -pay In Lender all costs and expenses incut vd snit summ expended by Lender in connection with
<br />the exercise by Lender at Me foregoing rlgltW,tagether with interest dwoort of the dtllsult rate provided in the Note,whieh shall be
<br />added to the indebtedness secured hereby, Lender shall not incur sny,lialtitity Because of anything it may do or omit to do
<br />hereunder.
<br />9. Ha:srAquo Maleride. T:041ar.3h4N keep the Property in compliance with alfl :applicable laws, ordinances and regulations
<br />relating to industrial hygiene or enuircrmental protection (collectively referred ld hafain as "Environmental Laws'). Trustor shall
<br />keep the Property free from all Substances deemed to be hazardous or toxic under AnyEnuirgnmental Laws (collectively referred to
<br />herein as "Hazardous Materials"). Trustor peraby warrants and represents to Lender that there ere Ire Hazardous Materials on or
<br />under the Propery. Trustor hereby agrees to indemnity and hold harmless Lender. its directors. offf(tiero, timpfoyeesandagerYta,and
<br />any successors to Lender's interest frcm. and a(alnstany and all claims. damages, losses and ilabiWes arising in connectoaawith
<br />the grwaltnce, use, disposal or transport at arvyiHazardous Materials cn, under, from or about the Property. THE FORESOYb G
<br />WAAkAf ---,,ES AND REPRESENTATIONS, A.NOTFUSTOR'S OBLIGATIONS PURSW(NT TO THE FOREGOING ft�; 4lVI t'Y..$?i liL
<br />SVM j *COWEYANCE OF THIS DEED- OF TFi:iST
<br />f :. aiiiil rrerMf of Rents. Trustor hereby ti;u.ns to Lender the rents:: k, ues and profits of the Property: prcryided that v ' Vtor
<br />shall. �ibtthe occurrence ofan Event ofDefault :fret:Sunder, have the rigl+tfat ilectandretainsuch .re-tra.rssuesandprotitsas1,�sey
<br />becciii o and payable. Upon the occurrem *ct an Event of Default. Lender may, either ir, persin b 1vb with or without
<br />bongil)g-iny action or proceeding, or by a receiver appointed by a court and without rf3y�rd to the adegaact of " ?.s security, enter
<br />upon anal take possession of the Property, or any part thereof, in its own name or in the at r> ^f the Trustee, anrJ ao any acts which it
<br />deems necessary or desirable to preserve the value, marhetability or rentability of the Prcarty, or any ran thereof or interest therein,
<br />increase the income therefrom or protect tee; aecurity hereof and. with or without taking possess(,-? of the Property, sue for 0
<br />otherwise collect the rents, issues aid. Nra' ttsrareof, including those past due and unpaid, and a;rly the same, less costs and'
<br />exper,,wii; of operation and cotfe-ctiCr, ul�r��'�i^Iry e°anrneys tees, upon any Indebtedness secured hereb}. all In such order as Lerid er
<br />may amme. The entering upc;n atp1 taking possession of the Property, the collection of such rev-.m, issuesand profits and TN&
<br />appkW -.0n_ thereof as aforesaid, shall not cure or walve;=y. I, default or notice of default hereunder • %r invalcdaTa any act doers -Il?
<br />reapons i ridsuch default or pursuant to such not. ce of deter:.,. z cd, notwithstanding the continuance �s?. passesston Mille ProperRft.cX
<br />the collee)tn, reC.O0. and application of rents; ; s<ues or profits, and TrisCV He and Lender shall be' wL led to exercise every rfV
<br />provided for in any Gttr a Loan Instruments or (: ►• Iavv upon occurrence of a iy Event of Default. inclu6 :Yg without limitation ttre rig?ft
<br />to exercise the power of safe. Further. Lender's rights and remedies under this paragraph shall be cumulative with, and in no way a
<br />firnitatior• on. Lender's rights and remedies under any assigrmcrc; ut leases and rents recoraed against the Property. Lender, Trustee
<br />and the receiver shall be liable to account only for those rents actual;) received
<br />11. Everts of OefauN. The following shall ce*,.I- stitutee an Event of Default under this Deed of Trust
<br />(a) Failure b;z pay any installment of or interest of any other sum secured hereby when due:
<br />(b) A bresc.f 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 />!'s) A writ of execution or attachment or any s rr• Jar process shall be entered against Trustor which shall become a lien on
<br />t" a; Frpperty or any portion thereof or Interest therein.
<br />;1) There.V&I be filed by or against Trustor or Borrower an action under any present or future federar. VV2 or at;ter
<br />statute, law or is oration relating to bankruptcy. insolvency or other reties for debtors, or tt'ere sf -�'. be ant trustee,
<br />receiver or hq,.;j:3 tar of Trustor or Borrower or of all or any part of leery P'r ,party, or the rents. Is&aAc or Trustor
<br />or Scrrower shall make any rj+rneral asslgnmen+ for the, t :enef f of creditors.
<br />A) The sale. transfer, te`cid assignment, Conveyai %a or further encumbrance of all or any part of or em,y interest in the
<br />i Property, either voluntarily err ^ vofuntariy, without the express written consent of Lender; provided '"at; Trustor shall be
<br />permitted to execute a lease of the Properly that does not contain an option to purchase and the term of w Goes notexceed
<br />one year
<br />(fly Abandonment of Me P; aperty: or
<br />iZ;, if Trustor is riot an Ir.,;H, dl, at. the issuance, saip. transfer, assignment, conveyance or encu^+taarce a91 ny',, than a total
<br />Of _---percent of (it a :; /poTatior; -ts issued and oustand:nq stock a (if a partnership) a total of _�_� percent of
<br />partnersh ?p interests during ft* aerlod tr. 3 Deed of Trust remains a; 4s:i on the Property
<br />12. Raiina Ne; Accetleraboni Upw ollbo. in the event of any Event ;:7Delault lender may, without notice except as required by
<br />law, declare all indebtedness secv t1 hereby to be due and, payable and the same !dell thereupon become due and payable
<br />wdhou2 ,9J:}; presentment, demand, ptOtest or notice of shy. wxod'. Thereafter Lender msg
<br />1m, remand that Trustee exercise the POWER �f- "SALE granted herein, writs Trustee shall thereafter cause Trustoes
<br />interev mti`.e Property to be sold and the proceeds to be distributed, all In the manner provided in the Nebraska Trust Deeds
<br />Act
<br />Exera-ae any and all rights provided for in any of the Loan Instruments or by law 4,� :�ri f,;. :f r( ice of any Event of
<br />De+a:aitt. and
<br />if:) ommencean action to foreclose this Deed at l ni s; asamortgage ,appoir.tr.•:receiver,orSya�Fir atr�e�rorceanyofthe
<br />ox
<br />c:tlnttnts hereof
<br />No remedy harem conferred upon or reserved Piz rri;ilo or Lender is Ir-w. -.-ded to be exclusive of :,r other remedy herein, in the
<br />Loan instruments or by law provided or perr- ,M•ar, but each shall be c _,.. ,_vative. shall be in additw^ to every other remedy given
<br />hereumW. in the loan instruments or now or hereafter or istingai taw • r•° equity or by statute. and may be exercised concurrently.
<br />indeperxIently or successively
<br />13 Trtrelee. The Trustee may resign at any time without ta.se: and Lender r. s:,j zs any tirite and without cause appoint a
<br />successor or substitute Trustee Trustee shall not be liable to any party, including without limitation fender. Borrower. Trustor or any
<br />purchaser of the Property for any loss or damage unless due to reckless. ,,, w 4ltul misconduct, and 2 r. ^'. rat be required to take any
<br />action In connection with the enforcement of this Deed of Trust unless indemnified. In writing, .,;- costs. compensation or
<br />expenses which may be associated therewith. In addition. Trustee may become a purchaser at any sale of the P *-:P trty luediceal or
<br />uildiif I;* trvvw of safrr grarrtg6 *Iereln); postpone me Sate of all or ar.y portion of the Property. as ptovideo w•y law, or sell the
<br />Property as a whole, or in separate parcels or lots at Trustee's discretion.
<br />14 ieee aMd Expeneee, In the event Trustee sells the Property by exercise of power of sale. Trustee shall be entitled t0 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 TrWtM'sattorney'& fees. actually incurred to extentperm,ttedbyapivicab)olaw It+ the event Borrower or Trustor exercises any
<br />right pr vldod by IoM to Cure an Event of Default. Lender Shall be entitled to rec0'ver rrcm Trustor all costs and expenses actuaiiy
<br />incurred all a fesuit t)f Trustor s default. inctuding w-shout limitation all Trusteed ritsd attorney s flees. to rho extent permitted by
<br />appl;cylVe Igor
<br />IF, Fulwe A641 tee. uttvlr request of Borrows' t o ^der inay of its olZor; make iYddrflorid! and future advances anti ro-
<br />rt•.1:rt :"fU 11UrrGwer 'Ces. with Interest a :ereor. shit :� bfD secur &J by thin; Dered of T,u!;t Atr,o bmn shalt
<br />tr-09 Vl :sVN9; OmIjUrit fit [slit ,rtd0b!itiliness secured by fV11% Ueed Of Tru9! >, . 'llf- lu,f,11, S .r9 �dv;sac(lli tJ trlCtEtt :t thk? &PCU,ity Uf th. :g
<br />r }�W) Gi frt;st eK�(+ tray LI,.�r Y�r f t teipat anr'etlnt Silted raft :r+ pr rj r Wlrrl hrrVer •g �ie7Yrr
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