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<br />89~104740
<br />ft Property Is so taken or damaged, Lender shall have the option, in its sole and absolute discretion, to apply all such Proceeds,
<br />aflar deducting therefrom all costs and expenses 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 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 kinds shall be paid to
<br />Trhttto►_
<br />8. Perfofee mot by Lender. Upon the occurrence of an Event of Defaulthereunder, or if 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 withoutobligation to do
<br />so, and without notice to or demand upon Trustor and without releasing Trustor from any obligation, do any act which Trustor has
<br />agreed but falls to do and may also do any other act it deems necessary to protect the security hereof. Trustor shall, immediately
<br />upon dom nd therefor by Lander, pay to Lender all costs and expenses incurred and sctms expended by Lender in connection with
<br />Me exercise by Lender of the foregoing rights, together with Interest thereon at the derautt rate provided In the Note, which shall be
<br />added to the indebtedness secured hereby- }"ender shall not incur any liability because of anything it may do or omit to do
<br />hareunder.
<br />9.' Hasardiow Maferfala. Truster shall keep the Property in compliance with all agrPlicable laws, ordinances and regulations
<br />relating to industrial hygiene or environmental protection (collectively referred to i-�ir! as "Environmental Laars ). Truster shall
<br />keep t/..Froperty free from all substances deemed to be hazardous or toxic under ary�miironmental Laws (collectively referred to
<br />herein as "Hazardous Materials"): Trustor hereby warrants and represents to L.ender that there are no Hazardous Materials on or
<br />under the Property,_. Trustor hereby agreesto indemnify and hold harmless � via ; ;a.directors, officers. employees and agents. and
<br />any successors to'L arrler's interest from and against any and all claims d.3 j : csses and liabilities arising in connection with
<br />the presence, use; disposal cr t4rwort of any Hazardous Materials or. ^�t . 9 r or about the Property. THE FOREGOING
<br />WARRANTIES AND REPRESENTATIONS, AND TAUSTOR'S OBLIGATIONS t:�JRkIA TTO THE FOREGOING iNDEMNITY. SHALL
<br />SURVIVE RECONVEYANCE OF €:rfo DEED OF TRUST.
<br />10. AsMgn~t of Rattle. Trustor hereby assigns to Lender the rents, issues and profits of the ftperty, provided that Trustor
<br />shall, until the occurrence of an Event of Defb4fts;hereunder, have the right to collect and retain such. refit.'.% issues and profits as they
<br />become due and payable. Upon the occuirvrr=e.,of an Event of Default. Lender may, either in persai or by agent with or without
<br />bring(M.ony action or proceedirsg -f r by a receiver appointed by a court and without 'regard to the adequacy ct tasecurity, enter
<br />upon aisit take possession of the FY.operty, or any part thereof, in its own name or in w ^ame of the Trustee, and darriy acts which it
<br />deerttstweessary or desirable to preservethe value, marketability or rentability of t!*.e.property, or any part thereof cr interest therein,
<br />increase the income therefrom or protect the security hereof and, witf!. wilt oaf ;taking possession of the Property. sue for or
<br />otherwise collect the rents, issues and profits thereof, including thcsr,- pas^ du. >e-.-d unpaid, and apply the same less costs and
<br />expenses otoperation and coilecli a.a including attorneys' fees, upon aT- ,jY` :-debtee6 -,r* secured hereby, all in sudi&der as Lender
<br />may deermine. The entering upa -sand taking possession of the Property, the c & ^dHaf,on of such rents, issues ard'profits and the
<br />application thereof as aforesaid, s'riall not cure or waive any default or notice ei t ,- 'i:,tt hereunder or invafidatia,eny act done in
<br />responseto such default or pursuantto such notice of default and, notwithstanding ine continuance in possession of the Property or
<br />the collection, receipt and application of name; roues or profits. and Tr4vee and Lender shall be entitled to exercise every right
<br />provided for in any of the Loan Instruments orb; law upon occurrence ctaniritvent of Default, Including without 1. imlation the right
<br />to exutase the power of sale. Further. Lender's rights and remedies undekl!:'is paragraph shall be cumulative wdts,.and in no way a
<br />limi'.asft ry cro. Lender's rights and aiiiedies under any assig.t, tent of leases and rents recorded against the Property; Lender, Trustee
<br />and +ffm receiver shall be liable :n account only for those rents actually received.
<br />tt. writs of GMauB. The following shall constitute an Event of C61i=.:ult under this Deed of Trust:
<br />(a) Failutir eta pay any installment of principal or Interest of ant>.rs�aer sum secured hereby when due;
<br />(b) A bread`,s-eor Ce!ault under any provision contained in the Kcte, this Deed of Trust any of the Loan Instruments, or any
<br />other lien or encumbraarx upon the Property;
<br />(c) A writ of execui.oin c..r attachment or any similar process shall be entered against Trustor which shall become a lien on'
<br />the Property or any portion, i!ttereof or interest therein,
<br />(d) There ;half be filed by or again;. Trustor or Borrower an i;i ;tion under any present or future federal, state or other
<br />statute, law or r iygulation relating to banikt .aptcy. insolvency or other f-eiief for debtors; or there shall be appointed any trustee,
<br />receiver or liquidator of Trustor or Borrower or of all or any part of Out Property. or the rents, issues or profits thereof, or Trustor
<br />or Borrower shall make any general assignment for the.tlenefit of creditors;
<br />,e) The sate, transfer, lease, assignment, conveyance or further encumbracic{s of all or any part of or.1my interest in the
<br />Property, either voluntarily or involuntarily, without the express vrrtften consent of Lender; provided that Trustor shaIJ be
<br />permitted to execute a lease of the Property that does not contain an.c 4tion to purchase and the term of which does not excaied
<br />one year;
<br />19 Abandonment of the i;.operty; or
<br />(g) It Trustor is not an ingWiduas, the issuance. sate. •'Jansfer, assSgnment, conveyance or encumbrance of more than is total
<br />of --percent of (if a corporation) i :a issued and outstanding�stcck or (if a partnership) a total of percent of
<br />partnership interests during the period tllits heed of Trust remains a lien on the Property.
<br />12,. Romaliloo; AeceNrafion Upon Delatllfr ire the event of any Event of Default Lender may, without notice except as required by
<br />law, dacliare all indebtedness secured hereby to be due Mid payable and the same shall thereupon become Clue and payable
<br />without airy presentment demand, protest or notice of anykind.' Thereafter Lender may:
<br />(a) Demand that Trust" exercise the POWER OF SALE granted herein, and Trustee shall thereafter cause Trusters
<br />interest In the Property to be sold and the proceeds to be distributed, at; in the manner provided in the Nebraska Trust Deeds
<br />Ace;
<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 twain 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 taw 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. Trwlee. 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 P(operty, for any toss or damage unless due to reckless or willful misconduct, and shall not be required to take an;f
<br />action in connection will) 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 (Judicial or
<br />utmil r the pare* of sat" granted herernr postpone the sate of all or any portion or'tne Property. as providw try taw; or sett the
<br />Property, as a whore, or in separate parcels or tots at Trustees discretion.
<br />14 Fete and Expeneve. fn the event Trustee sells the Property by exem,se of power of sate, 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' satfutnbtsfetrs. actuallyincurredtoextentpe rmittedbyapplicablelaov in the event Borrower or Trustor exercises any
<br />eight pi vded by !aw to Cure an Event of Default: Lender shag be ent tied to recover from Truster at; costs and expenses actually
<br />tr.Curted a% a resu't [,t Truftor's default, including without 1 ;mdabon ail Trustees and attoiney's fees. to tree extent permitted by
<br />appi.Cat* taw
<br />15 Fulw* Advoftee. upon rrtrlues! a, Boarrawer.'Lender may. at its spoon maxe aac;,,Jrtii` and tut,,te at:vances Jtttt rC_
<br />sT arces t-Dt3,rrcwer Stich ad• -iahCes afid teas ar ye §.with , nleresi utemort, sha:1 be ser wed by viihQc*Ed c.! Trust At ro t,mo Shall
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