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V.
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<br />file property is so taken or damaged Lender 111111011 have the OptlON In ite sole and absolute discretion, to apply all such Protesift
<br />after deducting therefrom all costs and expenses Incurred by it in connection with such Proceeds, upon any indebledness ee,cured
<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 extand or postpone
<br />the duo date of any payments under the Note. or cure any default thereunder or hereunder. Any unapplied funds shall be paid to
<br />Trusts.
<br />d. Parfemetnce by Lender. Upon the occurrence of an Event of Default hereunder, or if any act is taken or legal proceeding
<br />commenced which materially affect& Lenders 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 Truster from any obligation. do any act which Truster has
<br />agreed but falls to do and may also do any other act it deems necessary to protect the security hereof. Trustor shall, immediallety,
<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 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 may do or omit to do
<br />hereunder.
<br />9. Hazardous Materials. Truster 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 Laws "). Trustor shall
<br />keep the Property free from all substances deemed to Do hazardous or toxic under any Environmental Laws (collectively referred to
<br />herein as "Hazardous Materiala "). 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 hold harmless Lender, its directors, officers, employees and agents, and
<br />any successors to Lender's 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 />SURVIVE RECONVEYANCE OF THIS DEED OF TRUST.
<br />10. Assignment of Rents. Trustor hereby assigns to Lender the rents, issues and profits of the Property; provided that Trustor
<br />shall, unlit 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 afs Default, Lender may, either in person or by agent with or without
<br />bringing any action or proceeding, or by a receives appointed'3. N court and without regard to the adequacy of Its security, enter
<br />upon and take possession of the Property, or any panthereol, in its own name or in the name of the Trustee. and do any acts which it
<br />deems necessary or desirable to preserve the value, marketability or rentability of the Property, or any part thereof or interest therein,
<br />increase the Income therefrom or protect the security hereof and, with or without taking possession of the Property, sue for or
<br />otherwise collect the rents, Issues and profits thereof. Including those past due and unpaid, and apply the same, less costs and
<br />expenses of operation and collection including attorneys' fees, upon any indebtedness secured hereby, all in such order as Lender
<br />may determine. The entering upon and taking possession of the Property, the collection of such rents, issues and profits and the
<br />application thereof as aNresatd, shall not cure or waive any default or notice of default hereunder or invalidate any act done in
<br />response to such defaulter pursuant to such notice of default and, notwithstanding the continuance in possession of the Property or
<br />the collection, receipt and application of rents, issues or profits. and Trustee and Lender shall be entitled to exercise eveffy right
<br />provided for in any of the Loan Instruments or by law upon occurrence of any Event of Default, including without limitatioa the right
<br />to exercise the power of sate. Fueoer. Lender's rights and remedetr render this paragraph sl-i 11, be cumulative with, and in no +day a
<br />limitation on, Lender's it ghts and remedies under any assignment: r„y Leases and cents recorde✓ ,agalnsl the Property. Lender., Trustee
<br />and the receiver shall De Drape va account only w U ; aso rer.'s ac^:ally recemed.-
<br />11. Events of tI'elbAt. Tlhe fOfmy fig shall consblu a an Event of Defauit,.,mir'r this Deed of Trust .
<br />(a) Failure top2y unh ritziment of principal or interest of any other so— secured hereby whe-, due.
<br />(b) A breach (,!*r ;aw.lt!xder any provision contained in the Note. this Deed of Trusc.any of the Loan Instruments. or any
<br />other lien or encur,,jtrr:ce-:rc12 the Property;
<br />(c) A writ of exe..7iion or aiLaciritieirt or ai yi Similar prow= sh :it entereed again_ %7:n gtnr which ghall become a lien on
<br />the Property or w . portion thereof or interest therein;
<br />(d) There shall be filed by or against Trustor or Borrower an action under any present or future federal, state or other
<br />statute, law or regulation relating to bankruptcy, insolvency 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 or profits thereof, or Trustor
<br />or Borrower shall make any general assignment for the benefit of creditors;
<br />(e) The sale, transfer, lease, assignment conveyance at further encumbrance of $tf. co any part of or any Interest in the
<br />Property, either voluntarily or involuntarily, without the express written Consent of Lender, provided that Trustor shall be
<br />permitted to eva�wie a lease of the Property't3r woes not t<.mzrn an option az, p:.rrchase and the tens of yi;Kch does not exceed
<br />one year
<br />(1) Abandera^.ertt of the Property; or
<br />(g) If Trustor is not an individual, the issuance. sate, tra a`ar, assignment eonveyranQe' - ercwanbranee of more than a total
<br />of =51— _ percent of (if a corporation) its issued and outstanding stock or (if a pai"isin p) a total of percent of
<br />partnership inficieass during the period this Deed of Trust remains a lien on the Progerrir..
<br />12. Remedies;.Apteleratlon Upon Defauff. In the event of any Event of Dieai iv.. Lender mayi,.without notice except as required by
<br />law, declare all indebedness secured hereby to be due and payable and 4-Te• arrie shalt: a,e�seupon become due and payable
<br />without nwy presentment demand, protest or notice of any kind. Thereafter Lender may.
<br />(A Demw.d! hat Trustee exercise the POWER OF SALE granted herein, and shall thereafter cause Trustor's
<br />iciest In the R'rcpzerty to be sold and the proceeds to be distributed. sit ,n.the manner wravided in the Nebraska Trust Deeds
<br />Act
<br />(b) Exerclse play and all rights provided for in any of the Loan Irstr me". to or by law upon occurrence of any Event of
<br />Default and '-
<br />(c) Commence an action to far eclose this Deed of Trustas a mortgage, appoint a rec-jerv.er, or specifically enforce any of the
<br />covenants hereof.
<br />No remedy herein conferred upon err, reserved to Trustee or Lender is intended to be excluwve-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 hereafirer existing at law or in e4uily'ar by statute, and may be exercised concurrently,
<br />Independently or successively.
<br />13. Trustee" The Trustee may resign at any time without. came a, and: U -finder may at any time and without cause appoint a
<br />successor.or substitute Trustee. Trustee shall not be liable to any.p".Including without limitation Lender, Borrower, Truster 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 oudicial or
<br />under the power of' sale granted herein); postpone the sale of all or any portion of the Property. as provided by taw; or sell the
<br />Property as a whole, or in separate parcels or tots at Trustee's 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 Trustees fees. and Lender's
<br />and Trustee's attomay's tees. actually incurred to extent permitted by applicable law. In the event Borrower or Trustor 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 Truster'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. Such advances arid. readvances, with interest thereon, shall be secured by this Deed of Trust At no time shall
<br />the principal amountof 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 $ whichever is greater.
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