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<br />-_ __.___.,,.._,.raw �... — �- ......— ...._... -..... ...a., - .._- ___...
<br />90--10666G
<br />ttte plop" is so taken or dsrnoW. Lender shall have the option, in its sole and absolute discretion, to applyy su sttt+h PRweetfe,
<br />incurred by it In connection with such Proceeds. upon any indebtedness secured
<br />aftw deducting therefrom all costs and expenses
<br />hereby and in such order as Lender may determine, or to apply all such Proceeds, after such deductions, to the restoration of this
<br />Property upon such conditions as Lender may determine. Any appi (cation of proceeds to Indebtedness shall not extend Or POP P"
<br />default thereunder or hereunder. Any unapplled funds shall be paid to
<br />Me due date of any payments under the Note, or cure any
<br />Truslor.
<br />a. lhrfermance by Lender. Upon the occurrence of an Event of Oefault neroundef, or it any act is taken or legal proceeding
<br />commenced which materially affects Lender's interest in the Plop", Lender may in its own discretion, but without obligation to do
<br />Trustor without releasing Truster from any obligation. do any act which Truster has
<br />so. and without notice to or demand upon and
<br />agreed but fails to do and may also do any other act it deems necessary to protect the security hereof. Trustor 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 />together with interest thereon at the default rate provided in the Note, which shall be
<br />the exercise by Lender of the foregoing rights,
<br />added to the indebtedness secured hereby. Lender shall not incur any liability because of anything It may do or omit to do
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<br />hereunder,
<br />g, Hmrdoua MMerials. Trustor shall keep the Property In compliance with FIJI applicable laws. ordinances, and regulations
<br />to herein as "Environmental Laws "), Truster shall
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<br />relating to Industrial hygiene or environmental protection (collectively rater red
<br />keep the Property free from all substances deemed to be hazardous or toxic under any Environmental Laws (collectively Keferred to
<br />or
<br />herein as "Hazardous rrtaterlais "). Trustor hereby warranttr and rapreaeMs to Lender that there are no Ha: erdious on
<br />under the Property. Yrr;�stor rer. c+by agrees to in and hold harmless Lender. its directors, officers, employees ancii agvtts, and
<br />successors to Lenzlm's interest, from. and against any and all claims, damages 1=11es alld l,istbilities aru.9in IiZ COT' �t+ol� with
<br />any
<br />the presence, uses xt-rsposa( ter trap oft of any Haaa-daus Materials on. under, fr�+rn or about the Propel.°. T�4E FOREG4'iliVfa
<br />WARRANTIES AND REPRESENTATIONS, AND TRUSTOWS OBLIUATIONS i'URiSUANT TO THE FOREGOING INDEMNITY SMALL
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<br />SURVIVE RECONVEXANCP.OF THIS DEED OF TRUST.
<br />10. Asslgrinmil 01 Rlan s. Trustor hereby assigns to Lender the rents, issut:s and profits of the Property; provided that Trustor
<br />shah, until floe occurrence of an Event of Default hereunder, have the right to collect and retain such rents, issues and profitsas they
<br />Event of Default, Lender may, either in person or by agent, with or without
<br />,
<br />become due and payable. Upon the occurrence of an
<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 />its or in the name of the Trustee, and do any acts which it
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<br />upon and take possession of the Property, or any part thereol, in own name
<br />deems necessary or desirable to preserve the value, marketability r rentability o1 the Pro o► an parl thereol or interest therein,
<br />ty ty Pent, Y
<br />hereof and, with or without taking possession of the Property, sue for or
<br />increase the income therefrom or protect the security
<br />collect the rents, issues and profits thereof, including those past due and unpaid, and apply the same, less costs and
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<br />otherwise
<br />expenses of operation and collection including attorneys' tees, upon any indebtedness secured hereby, all In such order as lender
<br />of the Property. the collection of such rents, Issues and profits and the
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<br />may determine. The entering upon and taking possession
<br />application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done If
<br />the in possession of the Property or
<br />response to such default or pursuant to such notice of default and. notwithstanding continuance
<br />the collection, receipt and application of rents. issues or profits, and Trustee and Lender shall be entitled to exercise every right
<br />;
<br />provided for in any of tho Loan Instruments or by law upon occurrence of any Event of Default, including without limitation the right
<br />to exercise the power of sale. Further, Lender's rights and remedies under this paragraph shall be cumulative with, and in no way a
<br />limitation on. Lender's rights and remedies under any assignment of leases and rents recorded against the Property. Lender, Trustee
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<br />and the receiver shall be liable to account only for those rents actually received.
<br />Debult. The following shall constitute an Event of Default under this Deed of Trust
<br />it. Erints of
<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 Instruments, or any
<br />other lien or encumbrance upon the Property;
<br />(c) A wildvi execution or attachmantor any similar process shall be enteired aaainstTrustor which shalt become alien on
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<br />the Property or any portion thereof or interest therein;
<br />(d) There shall be filed by or against Trustor or Borrower an action under any present or future federal, state or other
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<br />statute, taw or regulation relating to bankruptcy, insolvency or other relief for debtors; or there shall be appointed any trustee,
<br />receiver or liquidator of Trustor or Borrower or of all or any part of the Property. or the rents, issues or profits thereof, of 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
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<br />Property, either voluntarily or involuntarily, without the express written consent of Lender, provided that Trustor shall be
<br />option to purchase and the term of which does not exceed
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<br />penr,tted to execute a lease of the Property that does not contain an
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<br />one year
<br />(f) Abandonment of the Property or
<br />(g) If Trustor is not an individual, the issuance, sale. transfer, assignment conveyance or encumbrance of more than a total
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<br />of percent of (if a corporation) its Issued and outstanding stock or (if a partnership) a total of _2.5.__ percent of
<br />partnership interests during the period this Deed of Trust remains a lien on the Property.
<br />12. Remedies; Acceleration Upon Default. In the event of any Event of Default Lender may. without notice except as required by
<br />law, declare all indebtedness secured hereby to be due and payable and the same shall thereupon become due and payable
<br />without any presentment, demand, protest or rotice of any kind. Thereafter Lender may:
<br />(a) Demand that Trustee exercise the POWER OF SALE granted herein, and Trustee shall thereafter cause Trustor's
<br />interest in the Property to be sold and the proceeds to be distributed, all in the manner provided in the Nebraska Trust Deeds
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<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
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<br />Detauit; and
<br />(c) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the
<br />i
<br />covenants hereof.
<br />No remedy herein conferred upon or reserved to Trustee or Lender is intended to be exclusive of any other remedy herein. in the
<br />be cumulative, shall be in addition to every Other remedy given
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<br />Loan Instruments or by law provided or permitted, b:it each shall
<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, Trustee. The Trustee may resign at any time without cause, and Lender may at any lime and without cauoe appoint a
<br />successor or substitute Trustee. Trustee shall not be liable to any party, including without limitation Lender. Borrower, T rustor or any
<br />due to reckless or willful misconduct, and shall not be required to take any
<br />purchaser of the Property. for any loss or damage unless
<br />action in connection with the enforcement of this Deed of Trust unless indemnified, in writing, for all 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 />the of all or any portion of the Property, as provided by law; or sell the
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<br />under the power of sale granted herein); postpone sale
<br />Property as a whole, or in separate parcels or lots at Trustee's discretion.
<br />Trustee sells the Property by exercise of power of sale, Trustee shall be entitled to apply
<br />14. Fees and Expenses. In the event
<br />anji; sale proceeds first to paymer^t of all costs and expersi .�of exercising power of sale. including all Trustee's fees, and Lender's
<br />vid Trustee's attorney's fees, 2d ually in curred io eytrzoit � Tired by applicable law. I n Ly-i_ event Borrower or Trustor exercises any
<br />I=_�Bnt �c0:111h, �a;,dr • �.ri8;1• be entitled to recover lice Trustor all costs and expenses actually
<br />rtea�lzt provided Icy r r+Y, n 3 a^ of
<br />r^c::rred as a rreajfi: of L•rusior's wefauit, "&ljt out in .ration all Trustees ar•x a,IUrney's fees, to the extant permitted by
<br />appT- seeable law. '
<br />15. Future Advanees: <Jpon saquest of Bar -; rrer. -L9Tldy' may, at Its 000n. wiakS a:ditional and future adwarrces and re-
<br />advances to Borrower qua`• advances and rea =ia-a . wilt merest thereon. shalf, tue sez:Xea by the Deed of Trust s;? rig t:m� s °al!
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<br />tfie principal asr,c *scf .ft;-1C_b:_eiress:secyrgo £-,,,n is Lr_ecl of Trust. n. �t:r.c:�c3:r•g su rszdra-c: r trretect*I195e+�Lrity o4miE
<br />^eve*
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<br />!Deed of Trust excise, ire,p^:gina: ;Yn11 =+p6l ama:int s;atai f tt9'e,n. cr S :+wr �:: is 9
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