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<br />89----104781
<br />flip �arrpeRy is so taken or damaged. Lender shall have the option, in its sole and absolute discretion, to apply all such proceeds,
<br />after do in h order as Lender may expenses
<br />etermine. or to apply all uch Proceeds, after suchdeductions. to the restoration of the
<br />hereby a sup
<br />property upon such payments conditions under Notyeor cure an default thereunder or he eunder. An unapp aced funds shall be paid t
<br />the due date of srtY payments Y
<br />TuNor' fb Lender. Upon the occurrence of an Event of Default hereunder, or if any act is taken or legal proceeding '
<br />8. rerliormaace y
<br />commenced
<br />nd without which
<br />ntwce to orliydamand upon. Trustor interest iwithout reoleeasing Trrustoratrom any discretion. , but ny act which Trustor has
<br />eo,
<br />agreed bu4falls to do and may also y tany ds other all costs deems d expenses incurrred and sums expended by Lender in i shall, ei of with
<br />upon.demand therefor by Lender. pay
<br />default provided iha which ht
<br />the axa Lender o foregoing rights, h tr no yingtayd0 oromito do
<br />to the I de securedhereby.Lende s l not incur any liability Of m
<br />added
<br />hereunder.
<br />g. Hazardous Mawrh*L Trustor shall keep the Property in compliance with all applicable laws, ordinances and regulations
<br />on relating top industrial hygiene
<br />all substances deemed to be hazardous olr toxic under any Environmental Laws (coeectivelyNe erred to
<br />keep the party
<br />herein as "Hazardous Materials ") - Trustatoes�rrwnif ram held represents etnder ts directors, oltic , no
<br />s, c mplayo us and aLent% and
<br />under the Property. Trusw ITeeby agrees ,� THE FOAFC301 With
<br />any successors-to Lender's interest, from and against any and alt, Claims damages, losses and liabilities arising m conrzo.:ior with
<br />the presence, use, disposal or transport of any Hazardous MaterfWa on, under, from er abeut the Property
<br />the present AND REPRESENTATIONS, AND TRUSTOR'S OSUGATIONS PURSUANT TO THE FOREGOING INDEMNITY, SHALL
<br />SURVIVE RECONVEYANCE OF THIS DEED OF TRUST- provided that Truster
<br />10. Assignment of Rents. Trustor hereby assigns. to.Lertder the rents, issues and profits of the Prop i�smas and profits as they
<br />shall, unfit the occurrence of an Event of Default hereunder. have the right to collect and retain such rents, with or without
<br />become due and payable. Upon the occurrence of ors.Cwwent of Default. Lender may, either in person cf 4y g' en t. rt and without
<br />bringing take action Or possession of the g,ope� by a y parappointed n its own name or in the name a.J Soire Trustee, and do ansecurity. cts which it
<br />cape _
<br />deems age thelncome hereblrarn or p otect the the securityrho eo�fiand,rwith of wthm ttak taking pd& =ssion of thereof or the Properrtyesue for or.
<br />increase collect the rents„ iss =es ar? profits thereof, including those past due -a {�d unpaid, and apply the same, less costs Lender
<br />expenses of operation and edi'pcbcr, f,7;. ; ^�?ng attarne of the F any in ebtedNection of such rents, issues and profits and the
<br />may determine. The entering, .:gon a -4 ii ng possession
<br />application thereof as afore -0idl sha'.I nat:.cure or waive any defa,.At.ar notice of default hereunder or invalidate any, act done in
<br />response to such default or 0t rmVant to such notice of default and. notwithstanding the continuance in possession of M017, pertY or
<br />Ohe collection, receipt
<br />application profits. Event entitled � 43 n
<br />ded for any the LoInstruments o by law upo occurrence of any f Default Including wiif iXt e right
<br />way remedies paragraph t and stt power Lender's a
<br />limitation on, Ledees rights and remedies under any assignment leases and rents against Property. Leader, Trustee
<br />and the receiver shatl be liable to account only for those rents actually received.
<br />11. Events of fDelault Vie following shall constitute an Event of Default under this Deed of Trust
<br />Failure to pay ary instaliment of principa! or interest of any other stim secured hereby when due;
<br />(a)
<br />(b) F 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 writ of execution or attachment or any similar prace� shall be entered against Trustor which shall become a lien on
<br />the Property or any V.% ?`•an thereof or interest tl^.erein; u ederal, state or other
<br />(d) There shall by Illied by or against Trust I drvency or other relief for debtors present o there shall W- appointed any trustee,
<br />statute, law or regutat1vCrs+4ating to bankruptcy,
<br />receiver or liquidator of 7- r:stor c r i orrower or atrJi or any part of the property, or the rents, issues cr profits thereof, or Trustor
<br />or Borrower shall make any ge.-eratassignment for the berefit of creditors;
<br />(e) The sale, transfer. tease;'. vii.signment, conveyance or further encumbrance Of all or any part of or any interest in the
<br />Property, either voluWarIly cr irhv iuntarily, without the express written consent of Lender, provided that Trustor shall d
<br />permitted to execute i ie eve cttl a Property that does not contain an optior. to purchase and the term of which does not exceed
<br />one year,
<br />(1) Abandonment of the Pmpa(l f, or
<br />(g) if Trustor is not an individu;:ti, the issuance, sate, trarsfr'r, assigr rt'Gh:l, conveyance or encumbrance of merathan a tots
<br />of perceFt izf (if a corporation) its is�uAd and outgtsrtlingr>:ct:._or (it a partnership) a tefal 7f Percent of
<br />partnership interes`s during the period this fared .of Trust remains a to ll oil the Property.
<br />12 RsrtradNs: AcesNratbn Upon Debut! In tttia iatii:rt of ery-Event of taewilt Lender may, without n1:11r:a� except as required tvi
<br />law, declare all indebtedness secured hereby to b4, due and pay! able and the same shall thereupon bar lme, dire and paygtk
<br />without any presentment. demand, protest or notice 'af ai:,► Ksttd4 Thereafter Lender may:
<br />(a) Demand that Trustee exercise the POWER OF SALS granted herein, and Trustee shall therNebraska ► Tr st Deed&
<br />interest in the Propetti to be sold and the proci:r ds to be distributed, a!t In
<br />the manner provided in the Trust Deed
<br />Act;
<br />(b) Exercise ary and all rights provided for in any of the Loan Instruments or by law uptr; Ca:+;urrence of any Event. rl
<br />Default; and
<br />(c) Commence an action to foreclose this Deed of Trust as a mortgage• appoint a receiver, or specifically enforce any a *,e
<br />covenants hereof.
<br />No remedy herein confer: ed 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 g
<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. TrusNe. The Trustee may resign at any time without cause, and Lender may t at any time
<br />Lender, without ca, Truster e appoint i any
<br />successor or substitute Trustee. Trustee shall not be liable to any party.
<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 cial or
<br />expenses which may be associated therewith. to addition. Trustee ma, babom^, a purchaser t h pr p any sale of the Property (j
<br />under the power of sale granted herein); postpone the safe 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. Fen and Expenses. In the event Trustee sells the Property by exercise 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 safe, including all Trustees fees. and Lender's
<br />and Trustee's attorney's tees. actually incurred to ex tent 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 sotto and expenses actually
<br />incurred as a result of Truster's default, including without limitation all Trustees and attorney's tees. to the extent permitted by
<br />applicable taw.
<br />its option, make additional and future advances an to-
<br />I& FuUirs Advances. Upon request of Borrower. Lender may, at
<br />advances to Borrower. Such advances and readvances. with interest thereon. Shall b8 Secured by this Oood of Trust. At ro time shall
<br />the principal amount of the indebtedness secured by this Dead at Trust. not Including sums ad h raced to s protect te t the
<br />security of this
<br />Deed of Trust, exceed the original principal amount stated herein, or S 12�0_flQ -qQ - -- - g
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