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<br />90 100510
<br />this property Is to taken or damaged. Lender shall have the option, In Its sof%and absolute discretion, to aMly all such Proceeds,
<br />after deducting therefrom ail costs and expenses Incurred by 11 In connection with such Proceeds, upon any iadeblednaas secured
<br />hereby and in such order as Lender may determine, or to apply a!s such prW.eeds. after such deductions, to the ree101001t Of the
<br />Property upon such conditions as Lender may determine. Any application of Proceeds to indebtedness shall not exted O? postpone
<br />the duo date of any payments under the Note, or cure any default thereunder or hereunder. Any unapplied funds sW1 ba Path to
<br />Trustor.
<br />S. pelfannanee by Lender. Upon the occurtence of an Event of Default hereunder, 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 Trustor from any obligation, do any act which Trustor has
<br />upon fails to do and may
<br />by tender, pay o Le der alaco is and expenses incurrred and sums exrpe expended by Lender n shall.
<br />onnection 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. Huardous Materiale. Tiusta: shall keep tho Property in comj liAnce with all applicable laws, ordinances and regulations
<br />relating to industrial hygiene or environmental protection (collectively retorted tO herein as "Environmental Laws "). Trustor shall
<br />keep the Property free from all substances deemed to be hazardous or toxic under any Environmental Laws (collectively referred to
<br />herein as "Hazardous Materials"). Trustor hereby warrants and represents to Lender that there are no Hazardous Materials on or
<br />under the Property. Trustor hereby agrees to indemnity 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 anr.Ing In connection with
<br />the presence, use, disposal or transport of any Hazardous Materials on, under. from or about the t ?tgperiy. THE FOREGOING
<br />WARRANTIES AND REPRESENTATIONS, AND TRUSTOR'S OBLIGATIONS PURSUANT TO THE FOREC'erJfNG tNDEMNITY, SHALL
<br />SURViVE RECONVEYANCE OF THIS DEED OF TRUST.
<br />10. Assignmenk of Rents. Trustor hereby assigns to Lender the rents, issues and profits of the Pi- cfaerty; provided that Trustor
<br />shall, until the occurrence of an Event of Default hereunder, have the right to collect and retzlin such rp r r,,, rssues and profits as they
<br />become due and payable. Upon the occurrence of an Event of Default Lender may, either in person err 41y agent with or without:
<br />bringing any action or proceeding, or by a receiver appointed by a court and without regard to the adequacy of its security enter
<br />upon and take possession of the Property, or any part thetreof, in its own name or in the name of the Trustee, and do a<?y arts which it
<br />deems necessary or desirabteta preserve the value, martcetability or rentability of the Pr.2tQ". or any part thereof o. ,irfrirint therein,
<br />increase the income theretrwn or protect the security hereof and, with or without taktrg possession of the Prewph . 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 colection including attorneys' tees, upon any indettedness secured hereby, mitt in such order as Lender
<br />may determine. The entering upon and taking possession of the Property. the collection at such v!m";. issues and profits and the
<br />application thereof as aforesaid: shall not cure or waive any default or notice of deraulf: herevnd:er• -.r, I rv'alidate any act done in
<br />re tmonse to such default or pvr& ant to such notice a; default and, notwithstanding the corkrw9mie ass ggssession of the Property or
<br />qse collection, receipt and application of rents, issues or profits, and Trustee and Lry ndt.r, :1^-3l bts, dirtied to exercise every right
<br />provided for in any of the Loan Instruments or by law upon occurrence of any Event 0t Ut.AZ di ird udl rig Without limitation the right
<br />to exercise the prawer of sate- Further, Lenders rights and remedies under tf ,s paragraph shall be cumulative with, and in no way a
<br />limitation on, Lender's rights and remedies under any assignment of teases%and rents recorded against the Property. Lender, Trustee
<br />and the receiver shall be llaVe to account only for those rents actually received.
<br />11. Events of Defaull. T. Re following shall constitute an Event of Default under this Deed of Trust:
<br />(a) Failure to pay any installment of principal or interest of any other sum secured hereby when due;
<br />(b) A breach of or default under any provision contained in the Note, this Deed of Trust, any of the Loan Ins`(rusn?2nts. or any
<br />other lien or encumbrance upon the Property;
<br />(c) A writ of execution or attachment or any similar pfou tis shall bee forcd :g: -rat Tf sta! whi!•t! - h. li become a tlen on
<br />the Property or any portian thereof or interest therein.
<br />(d) There shall be fled by or against Trustor or Borrower an action under any present or future federal, state or other
<br />statute, law or regulabon rtelating to bankruptcy, insolvency or other relief for debtors; or there shall be appointed any trustee.
<br />receiver or liquidator cf:Tr:stor 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 sate, transfer, lease, assignment conveyance or further encumbrance of all or any part of or any interest in the
<br />Property, either volume-" y or involuntarily, without the express written consent of Lender, provided that Trustor shall be
<br />permitted to execute a less-' of the Property that does not contain an option to purchase and the term of which does not exceed
<br />one year
<br />(1) Abandonment of, fife Property: or
<br />(g) If Trustor is not an individual, the issuance, sate; transfer, assignment conveyance or encumbrance of morethan a total
<br />Of percent of (if a corpOrat v7 -.ts issued and outstanding stock or (i1 a partnership) a 1,afr! ¢fi percent of
<br />partnership interests during the pe6:11 y-ts Deed cl Trust remains a lien on the Property.
<br />it Remedies; Aceeleeadw Upon (FtgP�J�lt- !n the nw:rmh of any Event of Default Lender may, wrthouf r, y; C.e ezr_y'utr s required le
<br />lg*. declare, all indebtedne secured [,c -relay to be� due-.and payable and the same shall thereuplic I�:orre•,durt and payable
<br />without any presentment (Cc6nand, protest cr iotice o't ar,F kind. Thereatter Lender may.
<br />(a) Demand that Trustee exerc,se•,ftne POWER OF SALE grarilt°d herein, and Trustee shaD iltereafter cause Trustees,
<br />interest in the Property to be sold and the proceeds to be distributed; all in the manner provided; la rSte Nebraska Trust Deeds
<br />Act;
<br />(b) Exercise any and• all rights provided for in any of the Loan Instruments or by law upon occurrence of. any Event of
<br />Defauit: and
<br />(c) Commence an action to foreclose this Deed of Trust as a mortgage. appoint a receiver. or s;aecificaSly evilcrce any of the
<br />covenants hereof.
<br />No remedy Imefr4- n conferred upon or reserved to Trustee or Lender is, Intended to be exclusive of any - rioter remedy herein, in the
<br />Loan Instrurteimts or by law provided or permitted. but each shall be cumulative. shall be to addition hi,every other remedy given
<br />hereunder, in the loan tnsbvrnents or now or hereafter existing at law or to equity or by statute, and may be exercised concurrently.
<br />Independently or successively,
<br />13. Trust ". The Trustee may resign at any time +rfilllout cause, and Lender may at any time and without cause appoint a
<br />successor or substitute Trustee. Trustee shall not be liable to any parry, including without limitation Lender, Borrower, T castor or any
<br />purchaser of the Property, for any toss or damage unless due to reckless or willful misconduct and shall not be required to takeany
<br />action in connection with the enforcement of this Deed of Trust unless indemnified. to 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 (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 at Trustees discretion.
<br />14. Fe" and Expenses. In the event Trustee sel!s the Property by exercise of power of sale. Trustee shall be entitled to apply
<br />any sate proceeds first to payment of all costs and expenses of exercising power of sate. including all Trustees fees, 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 mclzdlng without limitation all Trustee's and attorney's tees. 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 and readvances. with interest thereon. small be secured by this Deed of Trust At no time shall
<br />the principal amount of the indebtedness secured by n'ts Deed of Trust, not tncl,:d+ng sums advanced to protect the security of this
<br />Deed of Trust exceed the original principal amount stated herein. or S.— ahtcnever is greater.
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