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<br />the Property Is so taken or damaged. Lender shall have the Wilon. In its sole and absolute discretion, to apply all such Proceeds,
<br />afMr deductlng thenalrom all costa and expenses Incurred by it in connection with such PreceWs. upon any indebtedness secured
<br />hereby and in such order as Lender may determine. or to apply all such Proceeds, after such deductions, to the restoration of the
<br />Property upon such conditions as Lender may determine. Any application of Proceeds to Indebtedness shall not extend or postpone
<br />the clue! data of any payments under the Note, or cure any default thereunder or hereunder. Any unapptied funds shall be paid to
<br />Trustor.
<br />8. perlorntance by Lender. Upon the occurrence of an Event of Wrfault hereunder, or it any act is taken or Iapal 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 />agreed but falls 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 />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. Hazardous IUaleffalt. Trustor shall keep the Property in compliance with all applicable laws, ordinances and regulations
<br />relating to industrial hygiene or enviionnterttal protection (collectively referred 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 agreesto Indemnify and hold harmless tender, 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 arising In connection with
<br />the presence, use, disposal or transport of any Hazardous Materials on, under, from or about the Property. THE FOREGOING
<br />WARRANTIES AND REPRESENTATIONS, AND TRUSTOR'S OBLIGATIONS PURSUANT TO THE FOREGOING INDEMNITY, SHALL
<br />SURVIVE RECONVEYANCE OF THIS DEED OF TRUST.
<br />10. Assignment of Rents. Trustor hereby assigns to Lender the rents, issues and profits of the Property; provided that Trustor
<br />shall, until the occurrence of an Event of Default hereunder, have the right to collect and retain 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 />bringing any action or proceeding, or by a receiver appointed by a court and wit-oti: regard to the adequacy of its security, enter
<br />upon and take possessl:Qn of the Property, or any part tf4ereol, in its own name or in the name of the Trustee. anddo any acts which it
<br />deems necessary or desirable to preserve the value, marketability or rentability of the Property. or any part thereof or interest therein,
<br />Increase t," income therefrom or protect the security hereof and, with or without taking possession of the Property, 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 collection including attorneys' fees, upon any indebtedness secured hereby, all in such order as Lender
<br />may determine. The entering upon and taking possess= of the Property, the collection of such rents, issues and profits and the
<br />application thereof as aforesaid, shall not cure or warve 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 rents, issues or profits, aii3 Trustee and Lender shall be entitled to exercise every right
<br />provided for In any of the 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 ang assignment of leases and rents recorded against the Property. Lender, Trustee
<br />and the receiver shall be fable to account only tvr th(+re rents actually received.
<br />11. Events of Def iAll. TI?e following sr?an cvii!e tli>r an Event of Default under this Deed of Trust
<br />(* Failure to payamtf Irimiumant of, pri cc!(r3t or interest of any other sum secured hereby when due;
<br />(bp Abreach of or default under a"r provision contained in the Note, this Deed of Trust, any of the Loan Instruments. or any
<br />other. Iiertor encumbrance upon the.P'roperty;
<br />(sy A writ of vxetCUiivi r or attachment or any — riiisir process shall L- entered! against Trustor which shall become a lion on
<br />the Property or any portion thereof or interest #, -rein:
<br />(d) There shall be filed by or against Trustor or Borrower an action under any present or future federal, state or other
<br />statute, law or regulation relating to bankruptcy, insoivency 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, or Trustor
<br />or EorrOwer shall make any general assignment for the benefit of creditors;
<br />!(er.. The sale, transfer, lease, assignment, conveyance or fuRher encumbrance of all Or any part of or any interest in the
<br />Prop" either voluntarily or involuntarily, witn'ryJt the express written copse t of Lendec. provided that Trustor Shall be
<br />pmrrmrsed to execute a lease of the Property that: ones. not contain an option to Ra :1 ?ase and the term of vwlitch does not exceed
<br />•err•!a y(M.
<br />" . ypi. ACrrrQOnan�t ci fire Praper',F, G*
<br />lJ •Trust¢r,anctanindividta=-;J5e $s�drec 58 :elrarnfr ,assignment.conveyar earencumbraneeofmorethanatotal
<br />o1 percent of l f a carp©ra1i01); i•.a issw3.a, a-Td outstanding stock or t >f 8 pwrsners?eR) a total of percent of
<br />partnership inter@8"S : an c g t-m i 1e. ate lh—s Dge�, Y "-ust remains a lien on yte Property.
<br />12. Remedies; AcdMrAor-Upar: I3sfaull. M S-P- e u rt :1 any Event of Defaulr l_cf-der may. without notice except as required by
<br />law, declrire all indebtedness se. cur= -e eby t-; be.-ae and caVable and the same shall thereupon become due and payable
<br />without wy presentment, demand. r zey C7 rh ce. c,- a ^y- rd• Tl-rreafter Lender may.
<br />(a) Demand that Trustee F granted herein, and Trustee shall thereafter cause Trustors
<br />interest in the Property to be sa cii ar -O:'be preceacfs;a• 17n ft r4^4ted, all in the manner provided in the Nebraska Trust Deeds
<br />Act
<br />(b) Exercise any and all rtgtrL, provided itr f n any of' .0.z or by law upon occurrence of any Event of
<br />Default: and
<br />(c) Commence an action to trml -dose this Deed of Trust as, air, eciigage =p a receiver, or specifically enforce any of the
<br />covenants hereof.
<br />No remedy herein conferred upon or reserved 10 Trustee or Lender is intended i1a, ue exclusive of any other remedy herein, in the
<br />Loan Instruments or by paw provided or permitted, but each shall be cumulative,, shall be in addition to eve•ry,,'otber remedy given
<br />hereunder, in the Loan Instruments or now or hereafter existing at law or in equity or by statute, and may beerercised concurrently,
<br />independently or successively.
<br />13. Trustee. The Trustee may resign at any time without cause, and Lender may at any time and without cause appoint a
<br />successor or substitute Trustee. Trustee shall not be ►,able to any parry. including without limitation Lender, Borrower. Trustor or any
<br />purchaser of the Property, for any loss or damage unless due to reckless or willful misconduct, and shall not be required to take any
<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 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 pots at Trustee's discretion.
<br />14. Fees 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 attorneys 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 tb recover from Trustor an 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 g - wnichever is greater.
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