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this property is eo taken or damaged, Lender shell have the option, In Its sole and absolute discreton, to apply all auch Ptcie mill,
<br />afW deducting therefrom all costa and expenses incurred by it In connection with such Proceeds. upon any Indabteldness seourad
<br />hafaby and In such order as Lender may deWmine, or to apply ail such Proceeds, after such deductions, to Ilto nosioraton of the
<br />proptlirfy upon such con0itions as Lender may determine. Any application of Proceeds to Indsbtedness shall not extend or postpone
<br />the due dais of any payments under the Note, or cure any default thereunder or hereunder, Any unapplied funds shall be paid to
<br />Tnrslof.
<br />a, perMfrimme by INffIdM. Upon the occurrence of an Event of Default hereunder. or 11 any sct is taken or legal proceeding
<br />Commenced which malodalty 11flects Lender,$ Infateat in the Property. Lander may in its own discraton, but without obligation to do
<br />so, and without notice to or diamond upon Trustor and without releasing Trustor from any obligation, do any act which Truster has
<br />agreed bus 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 Lander, pay to Lender all costs and expenses incurred and sums expended by tender in connection with
<br />this exercise by Lander of the foregoing rights, together with Interest thereon at the default rate provided in the Note, which shall ba
<br />added to the indebtedness secured hereby. Lender shall not incur any liability because at anything it may do or omit to do
<br />hereunder.
<br />9. Naa►dous Materials, 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 taws'). Trustor shall
<br />keep the Property free from ail substances deemed to be hazardous or toxic under any Environmental laws (collectivity 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 Property. Trustor hereby agrees to indemnify and ho!d harmless Lender, its directors, officers, employees and agents, and
<br />any successors to Lender's interest from and against any and all claims, damage& tosses and liabilities arising
<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 RECONVEYANCE OF THIS DEED OF TRUST,
<br />10. Assignment of Rants. Trustor hereby assigns to Lender the rents, issues and profits of the Property; provided that Trustor
<br />shall, until the occurrence of an Event of Default hereunder, have the right to collect and retain such rents, issues and profits as they
<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 action or proceeding, or by a receiver appointed by a court and without regard to the adequacy of its security, enter
<br />upon and We possession of tie Property, or any part thereof, in its own name or in the name of the Trustee, and do any acts which it
<br />deem'a necessaryy ar desirable to preserve the value, markatWNify or rentability at the Property, or any part thereof or interest therein,
<br />increase the inceme therettOrn or protect the security hereof; and, with or without taxmr� possession of the PropaYZ)4 sue for or
<br />othemiise collet if a rents, issues and profits thereof, including those past due and unpaid, and apply the same, less costs and
<br />expenses of-prvaii0an and collection Including attorneys fees, upon' any indebtedness secured hereby, all in such ordE+T as Lender
<br />may a'elarr rir_ rn`te entering upon and taking possession of She Property, the collection o1 such rents, Issues and profts amd't4'te
<br />aplj+i.ati «on the*f as aforesaid, shall not cure or waive arty, defauit or notice of default hereunder or invalidate any =1 dons in
<br />req=se to such default or pursuant to such notice of defy ij li:aitrt. notwithstanding the continuance in possession of 1'10 Property of
<br />tire) coliecti6n: i:eceipt and application of rents, issues or w ofibs. an j,Trustse and Lender shall be entitled to exercise every right
<br />provided tat ifr; art of the Loan Instruments or by law upon omrrwicp of eny Event of Default, including without limitation the right
<br />to exarCise (i rrei;rawer of sale. Further, Lender's rights and remedies undccr tflis paragraph shall be cumulative with, and In no way a
<br />ttilrrit�5 0�.o r;.li,a:14jer's rights and remedies under any assignment of ;ease -e and rents recorded against the Property. Lender, Trustee
<br />t3t'r� tyre rer^.eierr shall tte'G4b1e to account only for thow rents actuWly. received.
<br />r 1_ fEv" ®f [� ftu% T)r, following shall constits. ".e art• Event of Ilretauit under t"tis Deed of Trust
<br />(at f= ai,cure to pay v,•5 installment of principal or into-est of Vy, other sum secured hereby when due;
<br />t i}p A Weach of or default under any provision cortarired to Nee Note, this Deed of Trust, any of the Loan Instruments, or any
<br />oti,,er, lien m encumbrance upon the Property;
<br />K rit of execution or attachment or any simit�i' grocess %%all be entered against Trustor which shall become a lien on
<br />titig #rNr'eiry or any portion meraoi iii irrivresf ihe.QW.,
<br />(d) There shall be filed by or against Trustor or i, miner an action under any present or futuro federal, state or other
<br />Mute, taw or regulation relating to bankruptcy, insolwer Qy 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 °bre Property, or the rents, issues or profits thereot or Truster
<br />or Borrower shall make any general assignment for the bene`it., cf creditors;
<br />(e) T'he sale, transfer, lease, assigrment, conveyance err hoil-mir encumbrance of all or any part of or any interest in the
<br />Property. ®ill�r v�1su', 'i'y, or Involuntarily, without Vle ehRreW..0nfien consent of Lender, provided that Trustor shall be
<br />tjefmitted to cxer.-uroa- a )eesa of the Property that does rgtc ant ain aiz option to purchase and the term of which dross not exceed
<br />one year,
<br />(f) Abandonment of the Property; or
<br />(g) it', rnjeof is not an individual, the issuance, sale, transfer, assignment conveyance or encumbrance of more than alolaf
<br />-zt percent of (i1 a corporation) its issued and outstanding stock or (if a partnership) a total of percent of
<br />partnership ia'erests Bering the period this Deed of Trust remains a lien on the Property.
<br />1E. Remedies•. Accolivration Upon Default. In the ever. .,f any Event of Default Lender may, without notice exceptas requited by
<br />ilaw, deca3ste all indebtedness secured hereby to be date 'dhd payable and the sa.rr.•e shall thereupon become -due and payable
<br />without art y fprwentment, demand, protest or notice of any kind. Ttrers&er Lender may.
<br />(a) Demand that Trustee exercise tite POWER OF SAID fic -rrdrn. astd Trustee shall thereafter cause Tnistor's
<br />interest in the Property to be sold and the proceedsta be distrilzr n_ halt: in Ilse mznner provided in the Nebraska Trust Deeds
<br />Act; .. ..
<br />(b) Exercise any and all rights provided for ire ar -y of the Loan Instruments or by law upon occurrence of any Event of
<br />Default and .. ' -
<br />(c) Commence an action to foreclose this Deed of Tr.w.stasa ,rsrtgage, appoint a receiver, or specifically enforce any o; 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
<br />purchaser of the Property, for any loss or damage unless due to reckless or willful misconduct. and shall not be requited 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 budicial 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 tots at Trustees discretion.
<br />14. Fees and Expanses. 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. including 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 Truster exercises any
<br />right provided by law to cure an Event of Default Lender shall be entitled to recover from Trustor all costs and expenses actually
<br />Incurred as a result of Trustor's default including without limitation all Trustee's and attorney's fees, to the extent permitted by
<br />applicable law.
<br />15. Future Advances. Upon request of Borrower, Lender may. at its option, make additional and future advances and re-
<br />advances to Borrower. Sucn advances and feedvences. with interest thereon, shall be secured by this Deed of Trust At no time shall
<br />the principal amount of the indebtedness secured by this Deed of Trust, not including sums advanced to protect the security of this
<br />Deed of Trust exceed the original principal amount stated herein, or S '3. map. as whichever is greater.
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