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<br />104700
<br />the Property is so taken or damaged. Lender shall have the option, in its sole and absolute discretion, to apply all such Proceeds,
<br />attar deducting therefrom all costa and expenw* 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 sitq`rt.deductions. to the restoration of the
<br />Property upon such conditions as Lender may determine. Any application of Proceed *to !nd"tedness $halt notextend or postpone
<br />Me due date of any payments under the Note, or cure any default thereunder or hereunder. ty unapplied funds *half be paid to
<br />Trustor.
<br />8, 11144 rnrartcs by Lender. Upon the occurrence of an Event of Default hereunder, or. il-10y act is taken or legal proceeding
<br />commenced which materially affects Lender's interest in the Property, Lender may in itsawn discretion, but without obligation to do
<br />so, and without notice to or demand upon Trustor and without releasing Trustor from argr obligation, do any act which Trustor has
<br />agreed but fails 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 theforegoing rights, together with interest thereon at the default tote 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 />i hereunder.
<br />9. Hazardous MaNrWa. Trustor shall keep the Property in compliance with all appfiaabte laws, ordinances and regulat4r.3 -
<br />relating to industrial hygiene or environmental protection (collectively referred to herein as "Environmental laws j Trustor sr*l ;
<br />keep the Property tree from all substances deemed to be hazardous or toxic under any Environmental Laws (collectively referredto
<br />herein as "Hazardous Materials!). Trustor hereby warrants and represents to Lender that there are no Hazardous Materials or or
<br />under the Property. Trustor hereby agrees to indemnify and hold harmless Lender, its directors, officers, employees and agents, WeJ • .
<br />any successors to Lendees interests from and against any and all claims, damages, tosses and liabilities arising in connectio n vsitiri .
<br />the presence, use, disposal or transport of any Hazardous Materials on, under, from or about the Property, THE FOREGO101
<br />WARRANTIES AND REPRESENTATIONS, AND TRUSTOR'S OBLIGATIONS PURSUANT TO THE FOREGOING INDEMNITY SHALL,
<br />' SURVIVE RECONVEYANCE OF THIS DEED OF Tr4UST.
<br />10. Asai rVili nt of Rants. Trustor hereby aSVtps to lender the rents, issues and prOfitc of the Property; provios;A!Inat Trustor
<br />e,.all, until the occurrence of an Event of Default fi ei W.:nder, have the right to collect and ratain such rents, issues art t wM is as they
<br />become due and payable. Upon the occurrence cf ii n Event of Default. Lender may. either in person or by agent, tint ^ar without
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<br />fringing any action or proceeding, or by a receiver.;i pointed by a court and without'regard to the adequacy of its sevzrity, enter
<br />upon and take possession of the Property, or any pa; tchereot, in its own name or in the name of the Trustee tad do any e�cts which i :
<br />t` deems necessary or desirable to preserve the value, marketability or rentability of the Property, or any part thereof or inwiiiisttherein,
<br />' increase the income therefrom or protect the securely hereof and, with or without taking possession of the Prop";' sue for or
<br />otherwise collect the rents, issues and profits therrwf , including those past due and unpaid, and appfy _°.:1e same, less costs Fx.d .
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<br />expenses of operation and collection including attojii � s! fees, upon any indebtedness secured hereby, �+�:n such order as Leinir
<br />may determine. The entering upon and taking possiem9bn of the Property, :ire collection.of such rents,'ittiies and profits an6litr3s
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<br />application thereof as aforesaid, shall not cure or waive any ttxl;�,ult or notice of default! hereunder or invalidate al,r act done in
<br />' response to such defaultor pursuantto such notice of defau!tand: notwithstanding the continuance inpossession at +f*e-?roperry or
<br />the receipt and application of rents, issues or pretty, and Trustee and Lender shall be entitled to exercise every right
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<br />collection,
<br />provided for'in any of the Loan instruments or by taw upon occurrence of any Event of Default; including without limitation the right
<br />tc exercise the power of sale. Further, Lender's rights and remedies under this paragraph shall be cumulative with, and in no way a
<br />iiiro %is on on, Lender's rights and remedies under any assignment of teases and rents recorded against the Property. Lender, Trustee
<br />,a:,ti 'rcf rersiver shall be liable to account only for those rents actually received.
<br />; f _ f*va!s of Del" The following shall constitute an Event of Default under this Deed of Trust
<br />;Af- frailure to pay any Installment AM principal or interest of any other sum secured hereby wizen due;
<br />`rq1, k:fyreach of or default under any pra asii3n contained in the Role, this Deed of Trust, any of 07aLoan Instruments, or any
<br />zCher 1!+e'" or encunitwance upon the Prdp";-
<br />(cj. A writ of errrc;�,?On or attachment or any similar nrnt:ras shall be entered against Trustor which shall become a lien.gts
<br />the Froparty or art ;vvAsn the :%w1'r:r. interest 11.eren.
<br />(d) There shati ce ! °'eel ty fj)r r �3inst Truwtar or' f3iSi'Iifww an action under any-Aresent or future federal, state or other
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<br />statute, fewer regi.,�n.on relating co: t;ankrus ti :,y, msoivency 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. isr profits thereof, or Trustor
<br />or Borrower shall make any genera; assignment for the benefit of credifore;
<br />(e) The safe, transfer, lease+.. assignment, conveyance or further encumbrance of all or any »art of or any interest in the
<br />- f Property, either voluntarily or o-e31untarily, without the express written consent of Lender; provided that Trustor shall be
<br />permitted to execute a tease 011a Property that does not contain an option to purchase and the term of which does not exceed
<br />one year;
<br />(q Abandonment 131 the Property; or
<br />(gi It Trustor is not an individual, the Issuance, sale, transfer, assignment, conveyance or encumbrance of more than a tcl !'
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<br />of — percent of (it a corporation) its issued and outstanding stock or (if a partnership) a total of percent of
<br />partnership interests during the period this Deed of Trust. remains a lien on, the Property.
<br />12. Remedles; AccMeralion Upon DeHulL In the event of any Event at Lafauit Lender may. without notice except as required by
<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 Trustoes
<br />interest in the Property 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 Deed of Trust as a mortgage. appoint a receiver, or specifically enforce any of the
<br />covenants hereof
<br />No remedy herein conferred upon or reserved to Trustee or Lender .s 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. shatj be in addition to every other remedy given
<br />hereunder. in the Loan Instruments or now or hereafter existing at taw or to equity or by statute, and may be exercised concurrently,
<br />independently or successively
<br />13. TrueMe. The Trustee may resign at any time without cause, and Lender may at any tulle and without cause appoint a
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<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 toss or damage unless due to reckless or wtliful misconduct, and shall not be required to take any
<br />action in connection with the enforcerrent of this Deed of 'Trust unless Indemnified, to writing, for all costs. compensation or
<br />0;:P ft *hte—h rte. y b. a•orutot t tere.,v,th In arlr},linn_ TrtaSfnp may t+Prnma a purchaser at any sale of the Property Itudicial Or
<br />under the power of sate granted herein), postpone the sale of all or any portion of the Proper,/. as provided by law, or sell the
<br />Property as a whole, or to separate parcels or tots at Trustee's die; rattan
<br />14 Few and ExpeneM. In the event Trustee sells the Property by exe-cise of power of saie. Trustee shall be entitled to apply
<br />any sa'e prryi;eeds first to payment of all costs and expenses of exeictsmg power of sate, including all Trustee's tees, and Lender's
<br />and Tri ,isfee 8 attorneys fees, artualiy incurred to extent permitted by appl,cab`e law In the event Borrower or Trustor exercises any
<br />ti ^slit p•cltrjad by ta,y t0 cuto an Fvhnt of Defaull. Lender snail to anta!ed to recover from Trustor all coats and expenses actually
<br />incurred as a result of Trustoe's default, including without i :rnitatorl ail 'ru:;!e9s and attorney's fees. to the extent permitted by
<br />applir:aC(e rAw
<br />t5 Future A•dvaneee, slpan •rq;.*St of tlgtro rwlt, Lender K�ai<; ?I ?s opt:ort. make adVion,al and fuluto advances and re-
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<br />ad+arc esfo IL"Jrcwer S;iClt pdiar ces endreadvalsWee. w:lh shah to sEGUrCtl by rhls Veen of Trust At ro limu thittr
<br />tt'.0 pt(r.4;1D 1111MOL r:t U? tro tndtb- edne35 secured by 111'0 Deed M. ThAP. sutt'S advanced to protect the seeuttty bf knS
<br />Me-eJ fist Ttu9L emiceed tr:e original pt,rc)pat Aft livntotdtdd ir- iSiCi't- o" v, 35.000. OL, wr enevcr s rtreator
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