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<br />89-- 104741
<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 />after deductingtherefrom all costs and expenses Incurred by It in connection with such Proceeds, upon any Indebtedness tecured
<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
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<br />the flue date of any payments under the Note, or cure any default thereunder or hereunder. Any unapplied funds shall be paid to
<br />Trustor.
<br />S. Perionnanee by Lender. Upon the occurrence of an Event of Defaulthereunder. or if any act is taken or too 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 Trustor and without releasing Trustor from any 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 the foregoing rights, together with interest thereon atthe 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 may do or omit to do
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<br />hereunder.
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<br />9. Hazardous Materials. Trustor shall keep the Property in compliance with all applicable laws, ordinances and regulations
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<br />relating to industrial hygiene; or environmentel protection (collectively referred to herein as "Environmental Laws'). Truster shall
<br />keep the Property free from all substances dw.red to be hazardous or toxic under any Environmental Laws (collectively referred to
<br />herefr- as "Hazarl%�,4 Materials). Trustor turfy warrants and represents to Lender that there are no Hazardous Materials on or
<br />under .c ^ram, t:Trustor hereby agrees to indeinnify, and hold harmless Lender, its directors, officers. employ and agents, aid
<br />anysi .-omsk st-n Lender's interest. from and against any and all claims, damages, tosses and liabilities arising in connection with
<br />the are west disposal or transport of a.ryf-Hazardous Materials on, under, from or about the Property: T14E FOREGOING
<br />WARRANTIES A401REPRESENTATIONS, ANUTRUSTORS OBLIGATIONS PURSUANT TO THEFOREGOING INDEMNITY, SHALL
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<br />SUFNIVE RECONVEYANCE OF THiS DEED OF: TRUST.
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<br />0. Assignment of Rents. Trustor hereby assigns to Lender the rents, issues and profits of the Property; provided that Trustor.
<br />shag; rsttil the occurrence of an Event of Default hereunder, have the right to collect and retain such rents, issues and profitsas they
<br />beconte due and payable. Upon the occurrence of an Event of Default, Lender may, either in person or by agent, with or•without!
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<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 take possession of the Property. or any partthereof, in its own name or in the name of the Trustee, and do any acts which it
<br />deems necessary or desfrabfeto preserve the value, marketability or reattability of the Property, or any part thereof or intereatthdretn,
<br />inezema_se the income therefrom or protect the security `-:reof and, - w11s. or without. taking possession of the:Brpperty, idge fir- or
<br />oti.er%iise collect the rents, isslf'r% and profits thereo ;::jn:fuding th,rse- past due and•dnpaid, and apply the.' , less cosis•and
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<br />expiarses of operation and coI*4; :sn , :, %tdzig atfornej." Ws, upon a.? indebtedre-.4 secured hereby, all in alien order as lender
<br />may determine. The entering upon e,. -r of the Prcperty, the collection of such rents, issues and profits and the
<br />application thereof as or waive any default or notice of default hereunder or invalidate anyract-dane in
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<br />response to such default or pursgz M to such notice of default and, notwithstanding the continuance in possession of the ProperWor
<br />the aai, "eetion, receipt and app'"r.LVan of rents, issues or profits, and Trustee and Lender shall be entitled to exercise every right,
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<br />p %zwdr�d for in any of the Loan'Yrx7uments or bylaw upon occurrence of any Event of Default, including without limitation the right,
<br />to vv; r se the power of sale. Further. Lender's rights and remedies under this paragraph shall be cumulative with, and In noway a
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<br />limitaton on. Lender's rights and remedies under any assignment of teases and rents recorded against the Property. Lender, Trustee
<br />and the receiver shall be liable to account only for those rents actually received.
<br />11. Events of Default. The following shall constitute an Event of Default under this Deed of Trust
<br />(a) Failure to pay ary fnatallment of principal or Interest of any other sum secured hereby when dde;. ,
<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 />ciTw- lien or encumbrance Upon the Property;
<br />(c) A 4v?20f execution or attachment or any similar process wk—f:l be entered against Trustor which sf:all becomeaiien on
<br />the Proper`, to: any portion thereof cr.i.r °erest therein;
<br />(d) There shall be filed by or e31r: Truster or Borrower ar action un1r• any present or future"trxilaral, state or other
<br />ornate, law or regulation reWing to fist ruptcy, insolvency cr miner relief for detwrs; or there shall be acc- ointed any trustee,
<br />recigiver or equklator of Tr•.4jv or Borrower or of all or a, -y part of the Prope7ti. ter the rents, issues or pr9li1s thereof, or Trustor
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<br />of Borrower shall make any general assignment fcr r_ +tee i,enef.t ci creditors;
<br />(e) The sate, transfer, lease. assigrmiewil, conveli-ce cr furtftt- encumbrance of all or any pan c t;a- any interest in the
<br />Property, either voluntarily or involun!a6ly, without t e e7g-evs• - ;-ten consent of Lender; provided +treat Trustor shall be
<br />peMitted to execute a le4W •.7f the Property that does rrt cr n rat m ins option to purchase and the term of wtticii does not exceed
<br />owns year,
<br />M Abandonmer: ii)i Orcperty; or
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<br />(g) It Trustor is not an individual, the issuance, sale, transfer, assignment, conveyance or encumbrance of more than atotal
<br />cf percent of (if a corporation) its issued and outstanding stock or (if a partnersf;il;} a total rV percent of
<br />patinership interests during the period this Deed of Trust remains a lien on the Property.
<br />12. Remedies, Acceleration Upon Default. In the event of any Event of Default leader may, without notice except as required by
<br />law, declare all irrdebtednesa secured hereby to be due and payable and the same shall thereupon becertxri due and payable
<br />without any pressrttrnent, demand. protest or notice of any kind. Thereafter Lender may:
<br />(a) Demands that Trustee exercise the POWER OF SALE granted herein, and Trustee shalt thereafter cause Trustor's
<br />interest In the Property to be sold and the proceeds to be distributi:d. 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
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<br />Default; and
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<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 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. Trtralse. The Trustee may resign at any time without cause, and Lender may at any time and without cause appoint a
<br />successor orsubstitute 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 maybe associated therewith. In addition, Trustee may become a purchaser at any sale of the Property" (judicial 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 see the
<br />Property as a whole, of in separate parcels or tots at Trustee's discretion
<br />14. Fese and Expenses. In the event Trustee sells the Property by exercise of power of safe, Trustee shall be entitled to apply
<br />any sale proceeds first to payment of all costs and expenses of exercising power of sale. including an Trustee's toes, and lender's
<br />and Trustee's attorney'slees, actually incurred to extent permitted by applicable law. In the event Borrower or Trustor exorcises any
<br />right provided by law to cure an Event of Default. Lender shalt be entitled to recover frog► Trustor a'.l costs and expenses actually
<br />incurred as a result of Trustees default including without IimitaliCA all Trustee's and attorney's fees, to the extent permitted by
<br />applicable law"
<br />15 Future Advwx9e. Upon request of Borrower. Lender may. at its option: retake additionat and future advances and to-
<br />advances to Borrower Such advances and rbadvances. with interest thereon, shall tie secured by this Deed of Trust At rro orris shalt
<br />Ihe principal amount ofthe indebtedness secured by this Deed of Trust, npt ylud. surrsadvancedtoprotectthesecurityofINS
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<br />0"a of Trust, exclred the original twnclLiai hritourit stated herein. or $ _ wi+rchover is greater
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