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;';F.. 99010-0. 106229 tfte Property Is C) taken or damaged, Lender !hall have the option, In its soul► and absolute discretion, to appty all such Proceeds, after rdedutting tq+,e,;kNn all costs and expenses Incurred by It In .onnect6on with such PrOCeede, upon any Indebtedness !!Cured hereby and In such 6:6v as Lendsr may determine, or to apply all such Proceeds, after such deductions, to the restoration of the Property upon such conditions as Lender may datermine. Any application of Proceeds to ImMbtodnees shall not exterKI Or postpone Vie due daN of any payments under the Note. or cure any default thereunder or hereunder. Any unapplled funds shall be paid to Tractor. & ForfOrr w4is by Lender. Upon the Occurrence of an Event of Default hereunder, or it any act Is taken Of Isga► proceeding commenced which mattriatty affects Lender's Interest in the Property. Lender may in its own discretion, but without obligation to do go. and without notice to or demand upon Trustor and without releasing Trustor from any obligation, do any act which Trustor has agreed but falls to do and rnuy also do any other act it deems necessary to protect the security hereof. Trustor shall, immediately upon demand therefor by Lender, pay to Lender all costs and expenses incurred and sums expended by Lender In connection with the exercise by Lender of the foregoing righta, together with Interest thereon at the default rate provided in the Note. which shall be added to the Indebtedness secured hereby. Lender shall not Incur any liability because Of anything it may do or omit to do hereunder. Q. Harsfdoua Mailedsk, Trustor shall keep the Property In compliance with all applicable laws. ordinances and regulations relating to Industrial hygiene or environmental protection (collectively referred to herein as "Environmental Laws'). Truster shall keep the Property tree from ail substances deemed to be. hazardous or toxic under any Environmental Laws (collectively referred ito herein as "Hazardous Meterlata'). Trustor hereby warrants and represents to Lender that there are no Hazardous Materials on or under the Property. Trustor hereby agrees to 1 ndemnify and hold harmless Lender, its directors. officers, employees and agents, and any successors to Lender's interest. from and against any and all claims, damages, losses and liabilities wising in connection with the presence, use. disposal or transport of any Hazardous, Materials on, under, from or about the Property. THE FOREGOING WARRANTIES AND REPRESENTATIONS, AND TRUSTOWS OBLIGATIONS PURSUANT TO THE FOREGOING INDEMNITY, SHALL SURVIVE RECONVEYANCF_ OF THIS DEED OF TRUST. 10. Assigmnent all Ree11c. Trustor hereby assigns to Lender the rents, issues and profits of the Property; provided %,#at Trustor shall, until the occurrence of an Event of Default hereunder, have the rightto collect and retain such rent%. issues and profits as they become due and payable. Upon the occurrence of an Event of WOOL Lender may, either in person on ray agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and without regard to the adee4vacy of its security ender upon and take possession of the Property, or any parithoreol. In its own name or in the name of the Trustee, and do any acts which it deems necessary or destrable to preserve the value, marketability or rentability of the Property, or any part thereof or inim est therein. Increase the income itherefrom or protect the security horeot and, with or without taking possession of the Property, sue for or otherwise collect the rents, issues and profits thereof, Including those past due and unpaid, and apply the same, teost- costs and expenses of operation and collection including attorneys' tees, upon any indebtedness secured hereby, all In such order as Lender may determine. The entering upon and %akirrg possession of the Property. the collection of such rents, tvajes and profits and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or, i= 3i.date any act done in response to such default or pursuantto such notice of default and, notwithstanding the continuance in pa�ecm.4ttiffv. Properly or the collection, receipt and application of rents, issues or profits, and Trustee and Lender shall be ertMe d to exenctm every right provided for In any of the Loan Instruments or by law upon, occurrence of any Event of Default. Includfn o thout lim4stion the right to exercise the power of sale. Further, Lender's rights and remedies under this paragraph shall be cumulative with, and in no way a limitation on, p.rzc *f1eq rights and remedies under any assignment of leases and rents recorded against the Property. Lender, Trustee and the receiixer shall be liable to account only for those rents actually received. 11. Even9s of Default. The following shall constitute an Event of Default under this mead of Trust (a) Failure to pay any installment of principal or interest of any other sum sv 41W hereby when due. Ibi A breach of or default under any provision contained in the Note, this Deedef. Trust, any of the Loan Instruments, or any other lira er encumbrance upon the Property, (c) A writ of execution or attachment or any similar process shall be entered against Trustor which shall become a lien on the Property or any portion thereof or interest therein; (d) There shall be filed by or against Trustor or Borrower an action under any present or future federal. state or other statute, law or regulation relating to bankruptcy, inwtverrcy or other relief for debtor.-% or there shall be appwrruef any trustee, receiver or liquidator of Truster or Borrower or of al I can ar; y part of the Property, or the rents, issues or profits Mereot. or Trustor or Borrower shall make any general assig n.:,cnt fcr d-, •benefit of creditors; (e) The w1e, transfer, lease, assignment comwelance or further encumbrance of all or any part of or any interest in the' Properly. dfher: voluntarily or Involumf> ly. ctr jto4.A *she express written consent of Lender, provided that Trustor shall be permitted to execute a tease of the PrC -1r. , d rot dr,.c shot contain an option to purchase and the term of which does not exceed one year; (n Abandonment of•the Property, or (g} tf Trustor is not an individual, the issuance sdie. transfer, assignment, conveyance or encumbrance of more than a total of - percent of (if a corpetalirrt) its issued and outstanding stock or (if a partnership7 :atntat of percent of partnership interests during the per-'4d., Mis Deed of Trust remains a lien on the Property. 12. Rentedles; Aeceteratfprt Upon Default In the event -^f any Event of Default Lender may, without notice except as required by Imm, declare all Indebtedness•eecured hereby to be due and payable and the same shall thereupon become due and payable without any presentment. demand, protest or notice of any kind. Thereafter Lender � 11. s (a) Demand that Trustee exercise the POWER OF SALE gra tied herein, and. Trustee shall thereafter. Cause Trusters interec* in the Property to be sold and the proceeds to be distributed.. WI in the manner provided in the Nebraska Trust Deeds Act: (b) Exercise any and all rights provided for in any of the Loan Instruments, or by law upon occurrence Of any Event of Default: and (c) Commence an action to foreclose this Deed of Trust as a mortgage. appQinfa receiver, or specifically e9Tlbrce any of the covenants hereof. No remedy herein conferred upon or reserved to Trustee or Lender is imt_nded rA .129 rte. 4$Jve" of vin 131her remerit herein, in the Loan Instruments or by law provided or permitted. but each shall be cmisulati%4e $170) 1!eirr addlltar l u3;every other remedy given hereunder, in the Loan Instruments or noiu a r hereafter existing at taw Orin egws i ar12y.•araliite, and rimy be exerclsed Concurrently, Independently or successively. 13. Trustee. The Trustee. may resign at any time. without cause, and Lender may at any time and without cause appoint a successor or substitute Trustee. Trustee shall not be liable to any party, including without limitation Lender, Borrower, , rustor or any purchaser of the Property. for any toss or damage unless due to reckless or willful misconduct, and shall not be required to take arty action in connection with the enforcement of this Deed of Trust unless indemnified, in writing, for all costs, compensation or expenses which may be associated therewith. in addition. Trustee may become a purchaser at any sale of the Property (judicial or under the power of sale granted herein); postpone the sale of all or any portion of the Property, as provided by taw; or sell the Property as a whole, or in separate parcels or tots at Trustee's discretion. 14. Fees and Expenses. In the event Trustee sells the Property by exercise of power of sale. Trustee shall be entitled to apply any sale proceeds first to payment of all costs and expenses of exercising power of sale, including all Trustees fees, and Lenders and Trustee's attorney's fees, actually incurred to extent permitted by applicable law. In the event Borrower or Trustor exercises any right provided by law to cure an Event of Default. Lender shall be entitled to recover from Trustor all costs and expenses actually incurred as a result of Trustoe's default, including without limitation all Trustee's and attorney's fees. to the extent permitted by applicable law. 15. Future Advances. Upon request of Borrower. Lender may, at its option, make additional and future advances and re- advances to Borrower. Such advances and readvances. with interest thereon, shall be secured by this Deed of Trust. At no time shall the principal amount of the indebtedness secured by this Deed of Trust not including sums advanced to protect the security of this Deed of Trust exceed the original principal amount stated herein, or Sao , 000.00 whichever is greater. e.