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7. Emins�t Domaln. Lender is hereby assigned al!compenaation,awerda,demages and other paymenta or reliet(hereinafter 'Ptocheda')
<br /> in co�nection,with condemnation or other taking of the Property or part theroof,or far conveyence in Ileu of dOndemnati�n.Lender ahall
<br /> taken or damaped, Lender shall have the option in ita aole and absolute discretion,to apply ail auch Pro^.eeds,after deduct�ng therefrom
<br /> ali costs end,expenses inr.vned by it In connection with such Proceeds, upon any indebtedness �ecured hereby and in auch order as
<br /> Lender may determine, or to apply all such Proceeds, efter auch deductfona,to the restoration of the Property upon such conditions es
<br /> Lender may determina. Any application of Preceeds to indebtadnesa ahall not extend or postpone the due date nf any peyments und�x
<br /> the Note,or cure any detauit thereunder or hereunder.Any unapplied funds ahall be poid to Trustor.
<br /> 8. Performsnc� by lsndsr. Upon the occurrence of en Event of Defeuft hereunder, or H any act la taken or legal proceeding � :
<br />, commenced whfch materially affects Lender'a fnterest in the Property,Lendor may(n ita own discrotion,but without obligation to do ao,
<br /> and without notice to or demand upon Trustor end without roleaai�g Trustor from eny obligatbn,do any act which Trua:or haa egreed'
<br />, but fails to do ond may•,iso de any uther aci.it deems necessary to protect the security hereof.Truator ahall,immed!btely upon demand
<br /> theretor by Lender, pay to Ler�der all costs and expenses incuRed and sums eaxperr�ed hy Lender in connection with the exercise by
<br /> Lender of the foregoing rights, together with interest thereon at the defauR rete provided in the Note, which shall be added to the
<br /> indebtedness secured hcreby.Lander�hali not incur any liability because of anything!z maq do oriomit to do hereunder,
<br /> 9.Hazerdous Matsrlds.Trustor shail keep the Property in compliance whh all applicabiA laws,ordinances an4!regulationa rela.ir:g to
<br /> industrial hypiene or environmentai pcotection (coilectively referred to fterein as "Environmental Laws"). Trustor shall :.eep the F'roperty
<br /> trae from all substances deemed to be hnzardc�us or tox+c under any Environmenta!Laws (collectively referred to heroin as 'Hazardous
<br /> Materials'}. Trustor hereby warrants and represe�ts to Lender that there are no Hazardous Material oR or under the Property. Trustor
<br /> hereby agrees to indem�ify a�d hold harmless Lender, its db�ecters, oificars, employees and agents, and eny successoro to Lender's
<br /> interest, from an<' against any and atl clalna, damages, losses and lia5ilities arising in connection with the presence, use, disposal or
<br /> transport ot any Hazardous Matorials on,under,from or about the P1�operty.7HE FOREGOING WARPWPITIES ANO REPRESENTATIONS,
<br /> AND TRUSTOR'S OBUGATII�NS PURSUANT TO THE FOREGOIN(3 INDEMNITY, SHALL SURVIVE RECONVEYANCE OF THIS DEED OF
<br /> TRUST.
<br /> 10. Asaignment of Aents. Trustor hereby assigns to Lender, and grants Lender a security interest in, all prosent, future and after
<br /> rising rents, issuea aiid profits of the Property; provided that Trdstor shall, until the occurrenca oi an Event of Detault hereunder, have
<br /> the right to collect and retain such rents, issues and profits as they beaome due and payebie. Upon the occurrenco of an Event of
<br /> Default, Lender may, either in person or by agent, vfith or without bri�ging any action or proceeding, or by a receiver appointed by e
<br /> court and without regard to the adequacy of its security, anter upon a�d take possession of the Property,or any part thereoi,in its ow�
<br /> name or in the name of the Trustee, and do any acts which it deems necessary or desirabie to preserve the value, marketability or
<br /> rentability of the Property,or a�y part:Aereof or interest therein,or to�increase the income therefrom or protect the security hereoi and,
<br /> with or without taking possession of the Property,sue for or othervvise collect the rents,issues and protits thereof,including those past
<br /> due and unpaid, by notifying tenants to make payments to Lender. len,�er may apply rents, issues and profits,less costs and expenses
<br /> of operotion and collcction inciuding attorneys'fees,to any indebtednese secured hereby,all in such arder as Lender may determine.The
<br /> entering upon and taking posse�sion of the Property, the collection of such rents, issues and profits, and the applicadon�thereof as
<br /> aforesaid, shall not curo or waive any default or notice of default herounder or fnvalidata any ect done in response to auch default or
<br /> pursuant to such notice of default and, notwithstanding the continuance in possession of the Property or the coUection, receipt and �
<br /> application of rents, issues or profits, 7rustee and Lender shall be entitied to exercise every right provided for In any of the Loar.
<br /> Instruments or by law upon occurrence of any Event of Default, including without limitation the right to exercise the power of-sale.
<br /> Further, Lender's rights and remedies under this paragraph shall be cumulative with, and in no way a limitation on, Le�der's rights and
<br /> �remedies under any assiflnment of leases and rents recorded against the Property. lender, Trustee and the receiver shail be iiable to
<br /> ccount only for those rents actually received.
<br /> 11.Events of Defeuh.The follawing shall constitute an Event of Default under this Deed of Trust:
<br /> ( (a)Failure to pay any instaiiment�f principal or interest of any other sum secured hereby when due:
<br /> (;� (b)A broach of or default under any provision contained in the Note,this Doed of Trust,any of the Loan Instruments,or any
<br /> � other lien or encumbr»nce upon the Property;
<br /> � (c)A writ of execution or attachment or any similar process shall be entered against Trustor which shall become a lien on tho
<br /> Property or any portion+hereof or interest 2herein;
<br /> \ (d)There shall be filed by or against Trustor or Borrower an actlon ur,der any present or futurc federel,state or other stetue,law
<br /> �-- or regulation relating to bankruptcy, insolvency or other relief for debtors;or thero shali be appointed any trustee, receiver or
<br /> �— tiquidator of Trustor or Borrower or of all or any part of the Property,or the rents,issues or profits thereof,or Trusror or Borrower
<br /> shali make any general assignment for the�enefii of creditors;
<br /> te)The sale,transfer,lease,assignment,comeyence or furthor encumbrance of a�i or any part of or any interest in the Property,
<br /> either voluntarily or involuntarily,without the express written consent of Lender,provided that Trustor shall be permitted to execute
<br /> a lease of the Property that does not contain an option to purchase and the term of which does not exceed ona year,
<br /> (f) Abandonment nf the Property;or
<br /> (g) If Trustor is not an individual, the issuance, sale, transfer, assignment, conveyance or encumbrance of more than Uf a
<br /> corporationl a tetal of N/A percent of its issued and outstanding stock, qr (if a partnership) e totai of N/a percent of
<br /> partnership interests, or (i a imited liability company) a total o( p�p percent of the limited liability company interests or voting
<br /> rights during the p�riod this Deed of Trust remains a lien on the Property.
<br /> 12.Rumsdin;Aeceleretlon Upon Deteutt.In the event of any Event ot Default Lender may,without�otice except as required by law,
<br /> declare all indebtedness secured hereby to be due and payable and the seme shail thereupon become due and payeble witl:�ut ony
<br /> presentment,demand,protest or notice of any kind.Thereafter Lender may:
<br /> (n)Demand that Trustae exercisa the POWER OF SALE granted herein, and Trustee shall thereafter cause 7rustor's interest
<br /> in the Property to be sold and the proceeds to be distributed,all in the manner provided in the Nebraska Trust Deeds Act;
<br /> Ib)Exercise any and all rights provided for in eny of the Loan Instruments or by law upon occurronce ot any Event ot '
<br /> Defauk;and �
<br /> Ic)Commence an action to foreclose this Deed of Truat as a morteage, appoint a receiver,or speciNcally enforce any of the '
<br /> covenante hereoL
<br /> No remedy herein conferrod upon or roserved to Trustee or lender le intendecS to be exclu�ive of eny other remedy herein, In the loan
<br /> inatrumente or by lew provided or permftted,but each ahall be cumulativa,nhall be in addi2lon to every other remedy given herounder,in
<br /> the Loan Inetrumenta or now or hereaiter exiatitig at lew or(n equfty or by etatute,and may be exerclaed concurrontly,independently or '
<br /> succeasively,
<br /> 13.Trustr�.The Truatee may re�ign at any time without ceuae, end Lender mey at any tlr�pe and without cauae appolnt a aucceaaur '
<br /> or substftute 1'rurtee.Trustee shell not be liable to any party, Including without limitetlon landor, Borrower, Truator or a�y purchaaer of '
<br /> the Property, /or eny losa or darrage unleae due to rer,kless or willful mieconduct, and nhell not be �equired to take any actlnn !n
<br /> connectbn wfth the enforcement of this Deed ot Truet unleas Indemnitled,in writinp,for all coets, compenastion oi�expenee�which may '
<br /> be ssaociatad thnrewith. In sddit:on, 7ruetee may become e purcheser et any aele of the Roperty (Judiclal or under the powar of sele
<br /> prsnted hereln);poetpo�re the sele of all or cny portion of the Property,at provided by lew;or�ell the Property ae s whole,or In eeparate '
<br /> pa�cels or lote at Truatee'c diecretion.
<br /> 14,FNS�nd Exp�n��s.In the event Trustee eetls the Property by exerciee of power of sele,Trustee�hall be entltled to apply any eele
<br /> proceed�flnt to poyment of ell cnats and expen�es of exarclsfnp power o(enle, including ell Tructee't feet, and Lender'o end Truatee'a
<br /> attorney'e leee, ectuelly Incurred to extent permin.,d by epplicabla lew, In the event Oorrower or Truetor exerclaes eny right provided by '
<br /> law to cwe en Event ol Default, Lender shell be entitled to rocover from Truator all coat� and expenses actuelly incurred as a reault of '
<br /> Tru�tor'�cfe(eult,Includinfl without Ilmltetion all Trwtee'�and stturney'e feee,to the extent permitted by epplicebie lew, '
<br /> 16. Futun A�vancu, Upon rmquest ol Borrower, Lender may, et it� optlon, meke additbnal and futuro sdvanca�rnd rssdvances to '
<br /> Borrowsr. Such sdvsnce� ind rs�dv�ncss, with Intorett thereon, �hall be eecured by thli Deed of Truat, At no tlme �hali tho p�lnclpel
<br /> smount of the Indebtedness secured by this Desd of Trust, not Includlnp sums ddvenced to protoct the securlty ot thia Oeed ot .uat,
<br /> excsed the ortginal principel emount�tsted hereln,or 1 a�eo.o4o.00 ,whichever is prester.
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