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<br />the property is so taken or damaged. Lander shalt have the Option, in its sole and absolute discretion, to apply all such Proceeds,
<br />atlsr deducting therefrom all costs and expenses Incurred by It in connection with such Proreeds, upon any indebtedness Muted
<br />hereby and In such order as lender may determine, or to apply all such Proceeds, attar such deductions, to the restoration of the
<br />Property daupon
<br />a of arty payments under the Notior cure any default thereunder or hereunder. Any shot] not
<br />funds shall be postpone to
<br />Trustor.
<br />i3 pwiw.r. -e a y La;.ts:occurrence r, Upon the occ of an Event of Defaun hereunder, or if any act is taken or logo 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 Truster and without releasing Truster from any obligation, do any act which Truster has
<br />agreed but falls to do and may also do any other act it deems necessary to protect the security hereof. Ttustor shall, immediately
<br />upon demand therefor by Lender, pay to Lender all costa and expanses incurred and sums expanded by Lender in connection with
<br />the added tolthe by Lender of ndebtednessasecured hereby. Lender shall not ncurt any liability becausetotanythiinngit the mayodo or omit to shall o
<br />hereunder.
<br />9. Hazardous MaterlaM. Trustor shall keep the Property in compliance with all applicable laws, ordinances and regulations
<br />relating to industrial hygiene or environmental protection (collectively referred to herein as "Environmental Laws"). Truster shall
<br />keep the propertyr frog from all eubctencPs deemed to he hazardous or toxic under any Environmental Lawa (celtectively referred to
<br />herein as "Hazardous Materials''). Trustor hereby warrants and represents to Lender that there are no Hazardous Mataiiats on or
<br />under the Property. Truster hereby agrees to indemnity and hold harmten Lender, its directors, officers. employees and agents, and
<br />any successors to Lender's Interest from acid against any and all claims, damages, losses and liabilitl :rya arising THE FOREGOING presence, use, disposal or transport cal any Hazardous Materials on, under, from or about the Pcogerty.
<br />WARRANTIES AND REPRESENTATIONS, AND TRUSTOR'S OBLIGATIONS PURSUANT TO THE FOREGOING INDEh1NITY, SHALL
<br />SURVIVE RECONVEYANCE OF THIS DEED OF TRUST.
<br />10. Asalpnment of Rents, TnAtor hereby assigns to Lender the rents, issues and p.-Ofils of the Property; provided that Trustor
<br />shall, until the occurrence of an Event of Default hereunder, have the right to collect and ralarn such rents, issues and profits as they
<br />become due and payable. Upon the occurrence of an Event of Default Lender may, either In person or by agent with or without
<br />brin(jing any action or proceeding, or by a receiver appointeO by a court and without regard to the adequacy of its security, enter
<br />upon and take possession off the Droperty, or any part thereof! in its own name or in the name of the Trustee, and do any acts which it
<br />deems necessary or desitablwata (preserve the value, mark�eUillity or rentability of the Property, or any part thereof ott intt�rest therein,
<br />increase the income therefrom io r protect the security hereof and, with or without taking possession of the Prop erty, sue for or
<br />otherwise coil" ft rents, issues and p.TolA3 thereof. Including those past due and unpaid, and apps-,the same, less costs and
<br />expenses of operation and cor(aot�21 lncrudirta attorneys' fees, upon any indebtedness secured hweby, all in such order as Lender.
<br />may determine. The entering upon and Tong possession of the Property, the collection of such relnftC issues and profits and the
<br />application thereof as afomsail. shall not cure or waive any default or notice of default hereunder or invalidate any act done in
<br />response to such default or pursuant to such notice of default and, notwithstanding the continuance in possession of the Property or
<br />the collection, receipt and application of merits, issues or profits, and Trustee and Lender shall be entitled to exercise every right
<br />provided for in any of the Loan Instrument'ar 4y law upon occurrence 0-way Event of Default irrcN,jdirg without limitation the right
<br />to exerclse the power of sale. Further, Len 1 +:r c rights and remedies under this paragraph shalt be Uwttu:)ative with, and in no way a
<br />limitation on, Lenders rights and remedies 3rser any assignment of leases and rents recorded agdn%: tfr Property. Lender, Trustee
<br />and the receiver shall be liable, to account only for those rents actually received.
<br />11. Evenb of Default, Tyre i allowing shall consttuiv an Event of Default under this Deed Of. rn,,'-V=
<br />(a) Failure to pay art, .installment of principal or tr iterest of any other sum ses',n .ecclai xwi` due;
<br />(b) A breach of or default under any provision contained in the Note. this Deed & rrust;, anh ekrtl a Loan insa uments, or any
<br />other (fen or encumbrance upon the Pr(=Crty:
<br />(c) ;, writ of execution or at>ochr.�^t Or any sit pror_.acv shall be entered against Trustor at`ich shall become a lien �n
<br />the Property or any portion thereof or interest therein;
<br />(d) There shall be Me & by or against Trustor or Borrower an action under amy, pre -sent cr future federal, state or other
<br />statute, law or regulatierr ro!a:ing to bankruptcy. insolvency or other relief for de f'i'r =m° shall be appointed any trustee,
<br />receiver or liquidator of T11-ws i, or Borrower or of all or any part of the Property, or tin ra.-j•rs,'issues or profits thereof, or Trustor
<br />or Borrower shall make any gene*J awgnment for the benefit of creditors;
<br />(e) The sale, transfer, (ease. Issygrrtent conveyance or further encumbrance of all or any part of or any interest in the
<br />Property, either votuntarlg Cl.. irtsUt.wtT3rity, without the express written consent of Lender, provided that Trustor shall be
<br />,permitted to execute a leww Cttite Property that does; not contain an option to purchase and the term of which does not exceed
<br />one year,
<br />(f) Abandonment of"" Rrop", : ax
<br />(g) if Trustor is not an', dividt�sl, t °z tss :snce, sale, transfer, assignment conveyance or encumbrance of more than a total
<br />of percent of',;.f a: corporaiior,) its issued and outstanding stock or (if a partnership) a total of percent of
<br />partnership interests dunrg the period this Deed of Trust remains a lien on the Property.
<br />12. Remedies; Acceleiratfimm Upon Default. In the event of any Event of Default Lender may, without notice exceptas 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 notice of any kind. Thereafter Lender may.
<br />(a) Demand that Trustee exercise the POWER OF SALE granted herein, and Trustee shall thereafter cause Trustoes
<br />interest In the Property to be sold and the proceeds to be distributed, all in the manner provided in the Nebraska Trust Deeds
<br />Act;
<br />(b) Exercise any an>£ UJI rights provided for in any of the Loan Instrumer;�t:.r by law upon occurrence of any Event of
<br />Default and
<br />(c) Commence an action to foreclose this Deed of Trust as a mortgage, appci nt a receiver, or specifically enforce any of the
<br />covenar ;x t-, erect.
<br />No remedy ftemn conferred upon of reseed to Trustee or Lender is inos0ded to be exclusive of any other remedy hereinJn.if �e
<br />Loan Instruments or by Law, lrovided or germttted. but each shall be cuir,0aimesllaf be in addition to every other remedy givca
<br />hereunder, in the Loan CnslTajrr,ents or now or hereafter existing at law oi• m equity, 4+r by. statute, and may be exercised. concurrently.
<br />independently orsuccesiNdY,,
<br />13. Trustee. The Tr4stLe• m,y resiisn at any time without cause, and Lendcx. may at any time and without cause appoint a
<br />successor or substitute Trustee. Trustee, sha l not be liable to any party, including without limitation Lender, Borrower. Trustor ar any
<br />purchaser of the Property, forany loss or damage unless dueto reckless or willful misconduct, and shall not be requ:redto takeany
<br />action in connection with the enforcement of this Deed of Trust unless indemnified. :n 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 sate 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 Trustee's discretion.
<br />14. Fan and Expenses. 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 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 law 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 />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, shall be secured by this Deed of Trust At no 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 5 whichever is greater.
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