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i 89-10487'7 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 or postpone the due date of any payments under the Note, or cure any default thereunder or hereunder. Any unapplied funds shall be paid to Trustor. 8. Performance by Lender. Upon the occurrence of an Event of Default hereunder, or if any act is taken or legal proceeding commenced which materially affects Lender's interest in the Property. Lender may in its own discretion; but without obligation to do so. and without notice to or demand upon Trustor and without releasing Truster from any obligation, do any act which Truster has agreed but fails to do and may also do any other act it deems necessary to protect the security hereof. Trustor shall, immediately upon,(femand therefor by Lender, pay to Lender ail costs and expenses incurred and sums expended by Lender In connection with the exercise by Lender of the foregoing rights, together with Interestthereon dt 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 Malodsis. 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'j. 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 ori.bT under the Property. Trustor hereby agrees to indemnify and hold harmless Lender, its directors, officers, employees and agen% snl any succ!3ssois to Lender's interest. from and against any and all claims, damages, losses and liabilities arising in connection wY.,th the presence, use, disposal or transport of any Hazardous Materials on, under, from or about the Property. TH9 FOREG0ANG WARRANTIES AND REPRESENTATIONS, AND TRUSTOR'S OBLIGATIONS PURSUANT TO THE FOREGOING INDEMNITY, Sl-fALL SURVIVE RECONVEYANCE OF THIS DEED OF TRUST. 10. Assignment of Rents. Trustor hereby assigns to Lender the rer s, ides and profits of the Property; provided th2t7na=lor shall, unti l the occurrence of an Event of Default hereunder, have the rig`'t tz c ol)sct and retain such rents, issues and profits ast`4y become due and payable. Upon the occurrence of an Event of Default 'l_aneaT rr.'3; a°iher in person or by agent, with or w1fhdut bringing any action or proceeding, or by a receiver appointed by a .eard to the adequacy of its security, enter upon and take possession of the Property, or any part thereof, in ita own na- = 4 or 7ni:ts a=:me of the trustee, and do any acts which it deems necessary or desirable to preserve the value, marketat;, fty or of the rroperty, or any part thereof or interest therein, increase the income therefrom or protect the security hereof and. wi+T: ar -without taking possess n of the Property, sue for or otherwise collect the rents, issues and profits thereof, including vwse pat sue ant c,Tvaid, and apply the same, less costs and expenses of operation and collection including attorneys fees. z,*or a-y- indebtedness 6acured hereby, all in such order as Lender may determine. The entering upon and taking possession or tha Property, the coileLt;�r faf such rents, issues ar d profits and the application thereof as aforesaid, shall not cure or waive any defat;'t ~r �.ofice of defa:rst hereunder or invalidate any act done in response to such defaulter pursuantto such notice of default and, r3 *.w1.=— .riding the continuance in possession of the Property or , the collection, receipt and application of rents, issues or profts, ano TruVry a and Lender shall be entitled to exercise every �.tilt provided for in any of the Loan Instruments or by law upon occjnenze of erg Event of Default, including without limitation the no' it to exercise the power of sale. Further, Lender's rights and re-m ed, as under this paragraph shalt be cumulative with, and in no vv:.ys a limitation on, Lender's rights and remedies under any assign.-rent of leases and rents recorded against the Property. Lender, Trustee and the receiver shall be liable to account only for those rents actually received. 11. Events of Default. The following shall constitute an Event of Default under this Deed of Tiur, (a) Failure to pay any installment of principal or interest of any other sum secured hereof- w1len due; (b) A breach of or default under any provision contained in the Note, this Deed of Trust ar; f+sif tote Loan Instruments, ©ray other lien or encumbrance upon the Property; (c) A writ of execution or attachment or any similar process shall be entered against Trust.•. which shall become a lien on the Property or any portion thereof or interest therein; (d) There shall be filed by or against Trustor or Borrower an 3tV:� :,n under any present cr future federal, state or crier statute, law or regulation relating to bankruptcy, insolvency or other for debtors; or there shall be appointed any trustee, receiver or liquidator of Trustor or Borrower or of all or any part of the Property, or *-1,e rents, issues or profits thereof, or Trustor or Borrower shall make any general assignment for the benefit of creditors; (e) The safe, transfer, lease, assignment, conveyance or further encumbrance of all or any part of or any interest in the Property, either voluntarily or involuntarily, without the express written consent of Lender; provided that Trustor shall be permitted to execute a lease of the Property that does not contain an option to purchase and t2:c'nrm of which does not exceed one year; (Q Abandonment of the Property; or (g) it Trustor is not an Individual, the issuance, sale, tm,rsler. assignment, ccr«ryance or encumbrance: *1 more than atotal = of — percent of (if a corporation) its issued and o4^.:.':V6 j-v , vock or (if a partnershipt a total of percent of l partnership interests during the period this Deed of Trust -:,era:r,,a' :en on the Property. 12. Remedies; Acceleration Upon Default. In the event of a.ry G :u i ;?l?efautt Lender may. without notice exclept as required by law, declare all indebtedness secured hereby to be due asd prs,rs':1.e and the sane. ;tall thereupon become: o+je and payable without any presentment, demand, protest or notice of any idn+.4 Thereafter Lender ri_ . (a) Demand that Trustee exercise the POWER OF SALE graf �ad herein., a :.d Trustee shall there. -Atu, cause Trustoe's Interest in the Property to be sold and the proceeds to be distrihuirdk : in the canner provided in the Nel✓'aska Trust Deeds Act: (b) Exercise any and all rights provided for in any of the Lean hr.stru mar, ts . :,, by late upon, oeeurrEnia, of any Event of Default; and (e) Commence an action to foreclose this Deed of Trust as a mortgage; appiumua receiver, or specificaik rislorce 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 or by law provided or permitted, but each shall be cumulative, shall be in additicri to every '.,!Per remedy e��,ven hereunder, in the Loan instruments or now or hereafter existing at law or in equity or by statute. and may be exerai -sed concurrently, Independently or successively. 13. Trustee. The Trustee may resign at any time without cause, and Lender may at any t'tnia•rand wit`o :a cause appoint a = - - successor or substitute Trustee. Trustee shall not be liable to any parry, including without limitation ( iifl4er. Borrower, Trustor or any purchaser of the Property, for any toss or damage unless due to reckless or willful misconduct. and sl-.ail not be required to take any action in connection with the enforcement of this Deed of Trust unless indemnified. In writing, `or all costs, compensatior o.► expenses which may be associated ther6with. irr addition. Trustee may become a purchaser at any ,alts of the Property (judicial or , 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 Property as a whole, or in separate parcels or lots at Trustee's discretion. % Fees and Experts". In the event Trustee sells the Property by exercise of power of sale. Trustee shall be entitled to apply any safe 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 attorney's fees. actually incurred to extent permitted by applicable law. In the event Borrower or Truster exercises any right provided by law to cure an Event of Default, Lender shall be entitled to recover from Trustor all costs and expenses actually incurred as a result of Trustor's default. Including without limitation all Trustees and attorney's fees, to the extent permitted by applicable law. 15. Future Advances. Upon request of Borrower. Lender may, at its option, make additional and future advances and re- advances to Borrower Such advances and readvances. with interest thereon, shall be secured by this Deed of trust At no time shall the principal amount of the indebtedness secured by this deed of Trust, not including sums advanced to protect the security of this Deed of Trust, exceed the original principal amount stated herein. or S _ _. -_ whichever is greater. 1_