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the Property is so taken or damaged. Lender shall have the option, in its sole and absalute discretion. to apply all such Proceeds,
<br />after deducting therefrom all costs and expenses incurred by it in connection with such Proceeds, upon any Indebtedness secured
<br />hereby and In such ardor as Lender may determine, or to apply all such Proceeds, after such deductions, to the restoration of the
<br />Property upon such conditions as Lender may determine. Any application of Proceeds to indebtedness shall not extend or postpone
<br />the due date of any payments under the Note, or cure any default thereunder or hereunder. Any unapplied funds shall be paid to
<br />Trustor.
<br />8. Perkwmaece by Lander. Upon the occurrence of an Event of Defaulthereunder, or it any act is taken or legal proceeding
<br />commenced•which materially affects Lender's interest in the Property, Lender may in its own discretion, but without obligation to do
<br />so, and without notice to or demand upon Truster and without releasing Tr uator from any obligation, do any act which Trustor has
<br />agreed but fails to dm and may also do any other act it deems necessary to protect the security hereof. Trustor shalt. )mmed'iItely
<br />upon demand therefor by Lender, pay to Lender all costs and expenses incuffid and sums expended by Lender In connection with
<br />the exercise by Lender 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 mau,do or omit to do
<br />hereunder.
<br />9. Hazardous Mate. Truster shall keep the Property in compliance with all applicable laws. ordinances and regulations
<br />relating to industrial hyalene or environmental protection (collectively referred to herein as "Environmental Laws"). Trustor shall
<br />keep the Property fi4e firma all substances deemed to be hazardous or toxic under am Enviranmental Laws (collectively referred to
<br />herein as "Hazardous Mat4rials"), Trustor hereby warrants and represents to Lender: that there are no Hazardous Materials on or
<br />under the Property. Trustor hereby dgrees to indemnity and hold harmless Lender, ills dUectors, officers. employees and agents, and
<br />arty successors tC• tenders interest. from and against any and all claims, damages, losses and liabilities arising in connection with
<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 />SURVjvq RECONVEYANCE OF THIS DEED OF TRUST.
<br />ti7:' ntent,of cents. Trustor hereby assigns to Lender the rents, issues and profits of the Property; provided that Trustor
<br />ali£II, ussfti the accurri4ttca bf an Event of Default hereunder, have the right to collect and retain such rents, issues and profits as they
<br />become due and payrbte. IJpdri.Ute occurrence of an Event of Default, Lender may, either in person or by egoist with or without
<br />bringing any actfoil,br prdcaEdfrq,.or by a receiver appointed by a court and without regard to the adequaccii e`ds security. enter
<br />upon and take possesg(an of tfie ,Froperty, or any pan thereof, in its own name or in the name of the Trustee, and. da any acts which it
<br />deems necessary or desirable do O>aserve the value, marketability or rentability of the Property. ear ar,,V pa.:t there.(�i, 2r interest therein,
<br />increase the income therefrc r. . protect the security hereof and, with or without taking. pe w * of t*re �'mi erty, sue for or
<br />otherwise collect the: rents, issues and profits thereof, including those past due arcs u. ta3iL+, 2nd p y the•smma- less costs and
<br />expenses of operarJor -7and collection including attorneys' fees, upon any indebtednessez= red ht)`ci:�y, all in si..K'i order as Lender
<br />may determine. The �, °eying upon and taking possession of the Property-the rty -the collection of suc5 wits, issues and profits and the
<br />application thereat as aforesaid, shall not cure or waive any default c: r-c�ce of default hereunder or invalidate any act done In
<br />respci 4sr� so such default or purst. ant to such notice of default.and, notw*- !+vcli ng the continuance in possession of the Property or
<br />the ccfl[ -►� cyan, receipt and appri a%on of rents, issues or PicV3, and Trusee and Lamer shall be entitled tc earecise every right
<br />proti? kor in any of the Loan inewi ments or bylaw uper, crc�rrence of any Event os refault including witho:rtfi citation the right
<br />to exe. Wise the power of sale. Fu--Ner. Lender's rights anct: edies under this paragraph shall be cumulative with, and in no way a
<br />limitaton on, Lender's rights and remedies under any assignment of leases: and rents recorded agairst the Property. Lender, Trustee
<br />and tk* receiver shall be liable to account only for those rents actually received.
<br />T-1, Events of Default. The fe.:' awing shall constitute a,:c. Event of Default under this Deed of Trust
<br />J,a) Failure to pay any installment of principal or ir.',erest of any other sum secured hereby when due;
<br />(b) A breach 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 />(c) A wrtt dt xecution or attachment or any similar process sir. ;ll: W entered against Trustor which shall become a iivin Cn.
<br />the.Property 6r uiy portion thereof or interest therein•
<br />( ;'A There shall be WWZ ny or against Trustor or i 4,rower an action under. :.,iy present or future federal, state crMeer
<br />3P«i IVit. law or regulation t•i�, =hg to bankruptcy, irsci''rer ,,y or other relief for delhr s; or there shall be appointed any, rustee,
<br />receiver or ligU -dator of Trustor or Borrower or of all oranyr part of the Property, av the rents, issues or prof.M.a. Weol, ar Trustor
<br />or Borrower shall make any general assignment for the benefit of creditors;
<br />(e) The sate, transfer, lease, assignment, conveyance or further encumbrance of all ora!,�y part of sT any interest in the
<br />Prv',gerty, either voluntarily or involuntarily, without the express written consent of Lender; provided 'p jirt Trustor shall be
<br />pell,mitted to execute a lease of the Property that does n-vt contain an option to p.Y>s^ase and the term of wilaiV5 does not exceed
<br />one year;
<br />(a Abarrrfrrar..ment of the Property; or
<br />(q) If Trust,--f is not an individual, the issuance, sale, transfer, assignment, conveyance or cumbrance of morethai-i a total
<br />of _ percent of (it a corporation) its issued i7,,r^ outstanding stock or (if a partnership) a total of percent of
<br />partnership interests during the period this Deed 0 Tnst remains a lien on It,,e• Property.
<br />12. Refawdlee; AccNeralion Upon Dehue. In the eve•,t of any Event of Default Lcz bar may, without notice exi r pt as required by
<br />law, declare all indebtedness secured hereby to be due and payable and the s&—,4 shall thereupon become due and oayable
<br />without any presentment, demand, protest or notice of any kind. Thereafter Lender -ray:
<br />(a) Demand that Trustee exercise the POWER OF SALE granted herein, and Trusiey:• shall thereafter cause Tr►rtiCr's
<br />Interest In the Property to be sold and the proceeds4u be distributed, all in the• menner provided in the Nebraska Trust Deeds
<br />Act
<br />(b) Exercise any and all rights provided for in oryr 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 ary of 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 to equity or by statute, and may be exercised concurrently,
<br />independently or successively.
<br />13. Truelee. 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 required to take any
<br />action in connection with the enforcement of this Deed of Trust unless indemnified. in writing, for all costs, compensation or
<br />expenses which may be associated therewith. In addition, Trustee may become a purchaser at any sale of the Property tudicial or
<br />under the power of sate granted herein), postpone the safe of all or any portion or the Property. as pravidtid bt► faw, Of sell the
<br />Property as a whole. or in separate parcels or lots at Trustee's discretion.
<br />L. 14. Few arts 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 exercisirtg power of sate, including all Trustee's fees. and Lender's
<br />and Trustee's attorneys fees, actually incurred to extent permitted by applicable law In the event Borrower or Trustor exercises any
<br />right ptovided by law to cure an Event of Default, Lender shall be ertetied to recover from Trustor all costs and expenses actually
<br />incurred a9 8 result of Trustor s default, rrcluding without limitation all Trustee's and attorney's fees, to the extent permitted by
<br />appist:abte law
<br />15. Future Advaneee. Upon request o! Borrower- Lender may. at 4ts option, make additional an0 future advances and re-
<br />advanCen tulBotrower Such advances and readvances. with intorest ttioreon, shall be secured by mils rXec of Trust At na tim© shall
<br />the principal anroutit of the indebtedness aez;ured by this Deud ()$ Trust. riotmctud:ng sums advanced to loottrct flit) security of th-9
<br />cow of Trust, exceed the anginal principal amount stated here n o- 3 35.000.00 wtr:cfhBver is greater
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