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i s9- 104876 the Property is so taken or damaged. Lender shall have the option, in its sole and absolute discretion, to apply all such Proceeds. after deducting therefrom all costs and expenses incurred by it in connection with such Proceeds, upon any Indebtedness secured hereby and in such order as Lender may determine, or to apply all such Proceeds, after such deductions, to the restoration of the Property upon such conditions as Lender may determine. Any application of Proceeds to indebtedness shall not extend orpostpone the due date of any payments under the Note, or cure any default thereunder or hereunder. Any unapplied funds shall be paid to Trustor. S. Parlleormanee by Lender. Upon the occurrence of an Event of Detaulthereunder, or if any act is taken or legal proceeding commenced which materiatlyaffects tender's interest in the Property. Lender may in its own discretion, but without obligation to do so, and without police to or demand upon Trustor and without releasing Tntstor from any obligation, do any act which Trustor has agreed but faits to do and may also do any other act it deems necessary to protect the security hereof. Trustor shall, immediately. upon demand therefor by Lender, pay to Lender all costs and expenses incurred and sums expended by Lender in connection with the exercise by Lender of the foregoing rights, together with interest thereon at the default rate provided in the Note, which shall be added to the indebtedness secured hereby. Lender shall not incur any liability because of anything it may do or omit to do hereunder. 9. Hazardous MataNafs. Trustor shall keep the Property in compliance with all applicable laws, ordinances and regulations relating to industrial hygiene or environmental protection (collectively referred to herein as "Environmental Laws'). Trustor shall keep the Property free from all substances deemed to be hazardous or toxic under any Environmental Laws (collectively referred to herein as "Hazardous Materials"). Trustor hereby warrants and represents to Lender that there are no Hazardous Materials on or under the Property. Trustor hereby agrees to Indemnity and hold harmless Linder., its directors, officers, employees and agents, and any successors to Lender's interest, from and against any and all claims, dairrages, tosses and liabilities arising in connection with `v?r-tyita�e, use, disposal or transport of any Hazardous Materials on, under, from or about the Property. THE FOREGOING SV/fi��wi?"1. s AND REPRESENTATIONS, ANDTRUSTOR'S OBLIGATIONS PURSUANT TO THE FOREGOING INDEMNITY, SHALL Rk1..iE tF ONVEYANCE OF THIS DEED OF TRUST. r ' -4; d!►aeitq Cant of Rents. Trustor hereby assigns to Lender the rents, issues and profits of the Property: provided that Truslttr iid*:accurrence of an Event of Default hereunder, have the right to collect and retain such rents, issues and profits asittey become:.trr3•and payable. Upon the occurrence of an Event of Default, Lender may. either in person er-by agent, with or without bringing t3:ry action or proceeding, or by a receiver appointed by a court and without regard to the adequacy of its security, enter upon and take possession of the Property, or any part thereof, in its own name or in the name et the Trustee, and do any acts which it deems necessary or desirable to preserve the value, marketability or rentablfif)! df the Property, or any. part thereof or interest therein. increase the income therefrom or protect the security hereof and, with cr.,wlt j2ut taking possession. at the Property, sue for or otherwise collect the rents, issues and profits thereof, including those past tfii6:.:tint bripaid, and alip, - the.same, less costs and expenses aVeperation and collection , ncluding attorneys'feeev. upon any indeGtedrem Secured herebi; i0 rrr :such• crderas Lender may det ^^t ,;:. The entering upon sr l taking possession of "t; ~e. Property, the 661ecS.aa of such rent& and•.{2rcl ;ls•end the applicatiJ:. p,3reof as a`oresaid, shall! not cure or waive any diOault or ratxm i ae!auithereunder cr i.4: response to such defa-A -ar. pursuant to such notice of default and, notwithstanding ate continuance in pc:� icin of the PropE -f ter• the collection, receipt ar(1 applicat!an of rents, issues or profits, and Trus' acid Lender shall be eritl ed to exercise every ngf t provided frw n any of the Loan Inst Tarr znts or bylaw upon occurrence of any Event of Default, including without limitation the right to exerc ss. tt<g power of sale. Furthe,.J.�ander's rights and remedies under this paragraph s!-all be cumulative with, and in noway a (Imitation on, Lenders rights and retreates under any assignment of leases and rents recorded against the Property. Lender, Trustee and the receiver shall be liable to account only for those rents actually recAvve.d. 11. Events of Default. The following shall constitute an Event of Delau:'t,ur•der this Deed of Trust-_ (a) Failure to pay any insta!' -tent of principal or interest of and c;f-r_r Sam secured hereby wt;et -, due; (b? A breach of or default under any provision contained i rr::+ .• h„ota, this Deed of Trust, any of tro Loan lrwvl;inants, or 4n other ]leii or encumbrance upc.rr. We Property; (c }• A writ of execution or atM • ::rent or any similar prc�;Cvzs shW I l5 a, entered against Trustor which shall become a liern,cr•• the Property or any rt;rt,cr. *ner?,¢f or interest therein; (d) There sha.i i4e !iced yy. jr against Trustor or Borrower an ac�t:7 under any present or PV114ve federal, state or otl,_- statute, law or regulation re ;Ltinj sz bankruptcy, insolvency or other relief for debtors; or there std4aa appointed any trustee, receiver or liquidator of Trus"cralt ~aorrower or of all or any part of the Property, or the rents, issues or profits thereof, or Trustor or Borrower shall make any V..! r ral assignment for the benefit of creditors; (e) The sate. transfer, lease, assignment, conveyance or further encumbrance of all or any can of or any interest in the Property, either voluntarily or involuntarily, without the express wn!ten consent of Lender; rte i!ed that Trustor shall be permitted to execute a lease of the Property that does not cor'wi n an option to purchase and the tc.n of which does not exceed one ,ear, (f): Abandonment of the Property; or (gs 11 Trustor is not an individual, the issuance, sale, tr;afwfar, assignment, conveyance or encumbrance of more than a total of _ percent of (if a corporation) its issued and ci ;:standing stack or (if a partnership) a total of percent t;.f partnership interests during the period this Deed of Trust, remains a lien on the Property. 12. Nerrrsdiss; Aecelerallon Upon Default. In the event of any Event of Default Lender.may, without notice except, as required by law, declare all indebtedness secured hereby to be due and payable and the same shail thereupon become 6.,el ar1C cj; able without any presentment, demand, protest or notice of any kind. Thereafter Lender may: (a) Demand lftat. Trustee exercise the POWER OF SALE granted herein, and Trustee shall thereafter caufi;a, Truerrr's interest in the Property to be sold and the proceeds to be distributed, all In the manner provided in 0'.e NebrWka. Trust deeds Act (b) Exercise any and all rights provided for in any of the Loan Instruments or by law upon occurrence of-any Event of Default and (c) Commence an action toforeclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the covenants hereof. No remedy herein conferred upon or reserved to Trustee or Lender is intended to be exclusive of any other remedy herein, in the Loan Instruments ar by law provided or permitted, but each shall be cumulative, shall be in addition to every other remedy given hereunder, in the Loan Instruments or now or hereafter existing at law or in equity or by statute. and may be exercised concurrently. independently or successively. 13. Trustee. The Trustee rosy resign at any time without cause, and Lender may at any time and without cause appoint a successor or substitute Trustee. Trustee shall not be fable to any parry, including without limitation Lender, Borrower, Trustor or any purchaser of the Property, for any loss or damage unless due to reckless or willful misconduct, and shall not be required to take any action in connection with the enforcement of this Deed of Trust unless indemnified, to writing, for all costs, compensation or erQers ftifh may be an-soc:alted there*illh. In addition, Tf=tee may become a purchaser a! any °=I-- of the Proper; budict-al or under the sower of sale granted herein), postpone the sale of an or any portion of the Property, as provided by law. or sell the Property as a whole, or in separate parcels or lots at Trustee's discretion 14 Fees Ind Expenses. In the ovtent Trustee sells the Property by exercise of power of salt,. Trustee shall be entitled to apply any sate proceeds first to payment of all costs and expenses of exercising power of sate, including all Trustee's fees, and Lender's and Trustee's attotnelfsfees, actually incurred to extent permuted by applicable la& in the event Borrower or Trustor exercises any right provided by law to cure an Event of Default. Lender shad be entitled to recover !ram Trustor all costs and expenses actually incurred as a result of Trusters default. inctudmg without limitation att Trustee's and atiorr -ey's fees. to the extent permitted by appl; •able law ty Fefrire Advances, up.r, request of Borrower. Lorder Wa; at 49 oplian. r a : ;a addfional and tuture advances and re ,javartcesto Barfower Such adiances and read'tances s -all bE; se :_uledl tv 1` ig Deed of Trust Attio Pi o sna"i t' :per :nGp.lt art uunt of the .rtQe�!tldrtL'S;St G +tCCt b� t!, S, fJC�! f of {r,. • e nt r., i�q. q s ., Lt to Vf0teCf ihU SCLUn!y,311!W. need of Trust, rtu cea tiro of :gifujt prrncipai i+,rnri" tit, ct.,a tr) iairrr,r, — S 77.00-0 .00 of ;uhlt44!r ,c grc_vter.