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<br />Me Property is so taken ar damaged, Lender shall have the option, In its sole and absolute r~lacretion, to apply alt �uct},frrnceeds,
<br />after deducting therefrom all costs and expenses incurred by it in connection with such Proceeds, upon any indebtadtteNr sdcured
<br />hereby and in such order as Lender may determine, or to apply all such Preceeds. after such deductions, to the restoratimt,al ;the
<br />Property upon such conditions as Lender may determine. Any application of Proceeds to indebtedness shall notextendcr poMorte,
<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 />Truster.
<br />8. PwWmsnce 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.without obligation to do
<br />so, and without notice to or demand upon Trustor and without releasing Trustcr 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. Truster 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 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 Malsriaie, Truster shall keep the Property in compliance with; all applicable laws, ordinances and regulations
<br />relating to industrial hygiene or envir+anmental protection (collectively rererred•10 herein as "Environmental Laws"). Truster shall
<br />keep the Propedy tree from all substances deemed to be hazardaris:cr toxic under any B,:etanmental taws (collectively referred to
<br />herein as. "Wamdous Materials "). Trustor hereby warrants and r, presents to Lerdei tfrtrt: thf me are no Hazardous Materials on or
<br />under the F zperty. Truster hereby agrees to indemnify;gnd hold harmless Lender, its dirrrrtrss,officers, employees and agents, and
<br />any successars to Lender's interest, from and against �y and all claims, damages, losses arid liabilities arfsing in connection with
<br />finer `es� C4?E . use, disposal or transport of any Kaxert,Ous Materials on, under, from of about t1�e P,-reperty. THE FOREGOING
<br />Vi? 4RAN:' IES AND REPRESENTATIONS, AND TRUE:' DR' SOBUGATIQNSPURSUANTTOT HkF6FiEx'i -' rrNaEP4MTY,SHALL
<br />SURVIVE RECONVEYANCE OF THIS DEED OF TRUST.
<br />10. Assignment of Rents. Truster hereby assigns to Lender the rents, issues and profits of the Prcpe -w� provided that Truster
<br />v;'-,s11, until the occurrence of an Event of Default hereunder, have the rightto ccliect and retain such rents, issues and profits as they
<br />tome due and payable. Upon the occurrence of an Event of Default, Lender may, either in person or by agent, with or witho-af;.
<br />6:inging any -action or proceeding, or by a receiver appointed by a court and without regard to the adequacy of its security, enter
<br />upon acid te?cj possession of the Property, or any part thereof, ifs >fsown name or in the narrecf the Trustee, and doany acts which it
<br />,deems res— ..scary or desirable to preserve the value. mar'.tetabilf_tW or rentability of the Prcpe -R+ -, or any part thereof or interest therein.
<br />Increase 1,1-e income therefrom or protect the securty.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 />expensesct operation and collection including attorneys' tees ;upon any indebtedness secured hereby, all in such orderas Lender
<br />may detewmirse. The entering upon anal taking possession of the Property, the collection of such rents, issues and profits and the
<br />applicaticntkereof as aforesaid, shall not cure or waive any defa!jlt or notice of default hereunder or invalidate any act done In
<br />respense6s�&;ich default or pursuantto such notice of default an.dl notwithstanding the continuance in possession ot: tthe Property or
<br />tire ccilection, receipt anti: application of rents, Issuers or profits and Trustee and Lender shall be entitled to exercise every right
<br />:,.bided for in any of Itie Wan Instruments; or by IiiN ilj"n occurrence of ari I` rent of Default, including aw- hout limitation the right
<br />'ar exercise the power of 'sate. Further, Lender's rigl+$s i'3: remey ies under tt s paragraph shall be cumu ".a'iive with, and in no way a
<br />limitation on, Lender's rights and remedies underany.assigrrrers z & leases and rents recerded againstthe Property. Lender, irustaB
<br />and the receiver shall be liable to account only for those rer s actually received.
<br />11. Events of Default The following shall constitute an a-ait of Default under this Deed of Trust:
<br />(a) Failure to pay any installment ct pilncipal. or interest of any other sum secured hereby when due;
<br />(b) A breach of or default under any gmvislanobritained in the Note, this Deed of Trust. any of the Loan Instruments, or any.
<br />.Wlher lien or encumbrance upon the Property;
<br />fc) A writ cf execution cr attachment or any similar process shall'be entered against Truster which shalt become a lien on
<br />ff?8 Frritj+rrfy pr any porticn therr4cf,cr, interest therein; r .
<br />(d) ri*errt shall be filed bit on against Trustor or Borrower an action under any present or future federal, scats 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 liquidatur of.Truator cr, Borrower or of all or any part of the Property, or the rents, issues or profits thereof, or Trus,101
<br />or Borrawsr shall make any general assignment for the benefit of creditors; • •,
<br />(e), The sale, transfers iliaae „assignment, conveyance or further encumbrance of all or any part of or any i,9rest in the
<br />PropeOlt either voluntaril j�, fir involuntarily, without the express written consent of Lender; provided that T , r shall be
<br />permitted to execute a lease of the Property that does not contain an option to purchase and the term of which does not exceed
<br />one year,
<br />(f) Abandonment of the Property; or
<br />(g) If Truster is not an individual, the issuance, sate, transfer, assignment, conveyance or encumbrance of rrrr;ethan a total
<br />of — percent of (if a corporation) its issued and outstanding stock or (if a partnership) a total of percent of
<br />partnership interests during the period this Deed of Trust remains a lien on the Property.
<br />12. Remedies; Acceitlration Upon Default. In f1-e event of any Event of De'ault Lender may, without notice except as required by
<br />taw, declare all indebtedness secured hereby to to due and payable and ttre same shall thereupon become due and payet4p,
<br />without any presentment, demand, protest or ncttee of any kind. Thereafter Lender may:
<br />(a) Demand that Trustee eafrcirTz4j� ti� ;s POWER OF SALE granted herein, and Trustee shall thereafter aa;- -IP Trustoe's
<br />interest in the Property to be sold P.,,d it _ ,peai;eeds to be distributed, ail in the manner provided in the Nebrasv�: Tfi;i'' Deeds
<br />Act;
<br />(b) Exercise any and all rights prorridcd tar, in any of the Loan Instruments or by law uper: _r:r_ ,r.,pr i? o` any Event of
<br />Defauilt and `
<br />(d Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or spe& 'ca q ei-A:rm any of the
<br />coveearss hereof,
<br />No remedy herein conferred upon or reserved to Trustee or Lender is intended to be exclusive of any after 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 rr,vy t e exercised concurrently,
<br />Independently or successively.
<br />13. Trustee. 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 Lerner, Borrower, Trustor or any
<br />purchaser o1 the Property, for any loss or damage unless due to reckless or willful misconduct, and shah not be required to take any
<br />action in connection with the enforcement of this Deed of Trust unless indemnified, in writing, fdr ail costs, compensation or
<br />expenses which may be associated therewith. In addition, Trustee may become a purchaser at any sate 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 sell the
<br />Property as a whole, or in separate parcels or lots nit 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 Trustee's tees, and Lender's
<br />and Trustee's attorney's fees, actually incurred to extent permitted by applicable law. In the event Borrower or Trustor exercises any
<br />right provided by taw 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 Trustor s default, including without limitation all Trustee's and attorney's fees, to the extent permitted by
<br />applicable law.
<br />16. Future Advances. Upon request of Borrower. Lender may, at its option, make additional and future advances and re-
<br />advances to Borrower. Such advances and readvances, with interest thereon. shat', be secured by this Deed of Trust. Atria time shall
<br />the principal amount of 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 S- 120.000- 00_._, whichever is greater.
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