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<br />89- .105344
<br />flim property is so taken or damaged, Lender shall have the option, in its ode and abeolula discretion. to apply aH turn Proceeds,
<br />atfw dedueling therefrom all Gals and expenses incurred by it In connection with such Proceeds, upon any indebtsdiias secured
<br />heraby lend in such order ao Lender may determine, or to apply all such Proceeds, later such deductions, to the "Sidration of_#*
<br />Prr<fperty upon such conditions as Lender may determine. Any application of Proceeds to indebtedness shall not extend of p011100114
<br />be dw dour of any payments under the Note. or cure any default thereunder or hereunder. Any unapplied fund* sho1j be paid to
<br />Truster. , ,.
<br />Q.. bersund
<br />Mrieet erlC� LAlAW. Upon the occurrenc4 of on Event of Default er+or if any act is Man of #I W- proceeding - —
<br />coevnsrtaed which rrtaleriNly afNcb LtintTir's inlsrest in tAe I�roperry. Lartdir may in its ret�but wr hauf Wpstion do
<br />op, and without notice to or demand upon Truster and without releasing Truster from any oblpatlon. do any act wfl(ch Truster has
<br />agreed but fails to dp and may also do any outer act it deserts necessary to protect the security heraet Trustor shall, Immediately
<br />upw daattandlhe eW bgL*tder. pay to Lender all coats and expenses incurred and sums expetndedby Leclidel rennection with
<br />the exercise by Lender of the foregoing rights, together with interest thereon at the delauh.rate provided in the Not sivIllich shah be
<br />added to We Indebtedness secured hereby. Lender shall not incur any liability because of anything it may do•ai omit to do
<br />heirsurder.
<br />9. Masardow MalniaN. Truster shall keep the Property In compliance with all applicable taws, ordinances and regulations
<br />relating to induillikWhygiene or environmental protection (collectively referred to herein as "Environmental Laws ).Trustot shall
<br />keepthe property free from all substances deemed to be hazardous or toxic under any Environmental Laws (collecilki* referred to
<br />herein as "Hazardous Materials "). Truster hereby warrants and represents to Lender that there are no Hazardous Materials on or
<br />under the Property. Trustor hereby agrees to indemnify and hold harmless Lender, its directors, officers, employees and agents, and
<br />any swxesarss to Lender's interest from and against any and all claims, damages, losses and liabilities arising in confection 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;TKF_FORSGOiNG INDEMNITY. SHALL
<br />SURVIVE RECONVEYANCE OF THIS DEED OF TRUST.
<br />10. AeaiBrtareM of fle it e. Truster 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 heivurtier, have the right to collect and retain such rents, issues and profits as they
<br />become due and payable. Upon the occurrence of eh Event of Default, Lender inay, either in person or by agent with or without
<br />bringing any action or proceeding, or by a receiver appointed by a court and without regard to the adequacy cf its security, enter'
<br />upon and take possession of the Property, 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 desirable to preserve the value, marketability or rentability of the Property, or any part thereof or interest thereto,
<br />increase the income therefrom or protect the security, hereof and, with or without taking possession Of the Property, sue for
<br />oth,,erwise collect the rents. issues and profits theraedr:!,ncluding those past due and unpaid, and apply the same, less costs and
<br />expenses of operation and collection including at~ -air ?ra' tees. upon any indebtodrims secured hereby, all in such orderas Lender
<br />may determine. The entering upon and taking pow' on of the Property, the ci;!Jection of such rents, issues and profits and the
<br />application Vwaof as aforesaid, shalt rya, faire or tiva:ve any defau)t or notice of default twau tder or invalidate any act done in
<br />response to ash defaulter pursuant to vea�t notice a7d!a!ault and, real withstanding the continuance in possession of the Property or
<br />the collection, receipt and application of re_rtts, lssum .crr profits. and Trustee and Lender shall be entitled to exercise every right
<br />provided for in any of the Loan Instruments or by jaw ,,4,pon 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
<br />and tt>'e receiver shall be liable to account only for those rents actually roceived.
<br />11. Everts of Od1ault. Thg following shall constitute an Event of Default under this Deed of Trust
<br />(a) Failure to par :slay installment of principal or interest of any other sum secured hereby when due;
<br />(b) A breach of o;.4i6tfautt under any provision contained in the Note. this Reed of Trust any of the Loan Instruments, or any
<br />other lien or encumbrArtce upon the Property:
<br />(c) A writol execution or attachment or any similar pro:.e^3s shall be entered against Truster which shall become a lien on
<br />the Pro or any portion therein' aT.interest therein;
<br />(dr T4ee shall be tiled by Or against Truster or Borrower an action under any preGent or future federal, state or other
<br />statute, law or regula"iw., relating to bankruptcy. insolvency or other relief for debtors. or there shall be appointed airy 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 Truster
<br />or Borrower shall make any general assignment for the benefit of creditors;
<br />(e) The sale, transfer, lease, assignment, conveyance or further encumbrance of all or any part of or any infereg; 3^, (tip
<br />Property: either voluntari;y or involintarily, without the express written conswrQ of Lender;. provided that Trus(w fl„t0: L* "
<br />permitted,l* execute a 11"c a of the Property that does not contain an option to purchaseandlhe term of which dose ttl tiara .
<br />one year
<br />M Atarr.,dorinw t ng tine Property; or
<br />(g) it truster is not An individuAthe issuance. sale, transfer, assignment; rAnveyance ar encumbrance of More thaina tots
<br />Of — percent of (of a corper ivion) its i+ssuerl and outstanding stock cr (if a partrasship) a total Of of
<br />parbiwship interests faring the period this Deed of Trust remains a lien an the Property.
<br />12, Remedies; Accok a0m Upon Ddoult. In the event of any Event of Defaull ..ender may. without nol re except as required by
<br />law, declare all Indebtrdindisst secured hereby to be due and payable and itio ±Lame shall thereupon berccme due and payabW
<br />witltout any pfesentmef;t, demand, protest or notice of any kind Thereafter Ler1,ter may: '
<br />(a) Demand that Trustee exiridsie the POWER OF SALE granted herein, and Tivatee shall thereafter cause, Twster's
<br />inlerestitt'Ins Property to be so✓1,.and the proceeds to be distriputed, allin the mannei pi avided in the Nebraska' TrugtDoe"
<br />Act '
<br />(b) Exercise any and all rights provided for in any of the Loan Instilim ; its or by law upon occurrence of any liven of
<br />Default and
<br />(c) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a racerver, or specifically enforce any of the
<br />C010911111111,112 hereof.
<br />No renndy ttcrein conferred upon or reserved to Trustee or Lender is intended to be exclusive of any other remedy Retrain, in the
<br />Loan instruments or by taw provided or permitted. but each shall be cumulatit+e, shall be in addition to every other remedy given
<br />11,4raunder, in the Loan Instruments or now or hereafter existing at law or in equity or by statute, and may be exercised concurrently,
<br />indeperK%f* or succeasiveiy.
<br />13. Trtutse. The Trustee may resign at any time without cause, and Lender mar +at,any time and without cause appoint a
<br />successor or substitute Trustee. Trustee shall not be liable to any party, including wiVicio c aln°tation Lender. Borrower, Trustor or any
<br />purchaser of" Property, for any loss or damage unless due to reckless or w d'uut m °sconduct, and shalt not be required to take any
<br />action in connection with the enforcement of this Dead of Trust unless in: rrtnilied, in writing, for a't costs. compensation or
<br />slip enses which may be associated therewith, In addition. Trustee may become a purchaser at any sale of the Property budacial or
<br />Ur 4a; €;.,a pGWV a; oven ed ne.m14 v -sr�ne ors "to of an nr pey pn!t:an of the Property. as crowded by law; or sell the
<br />Property as a whole, a to separate parcels or tots at Trustees discretion.
<br />14_ Fees end Ea/e AmW in the event Trustee sells the Properly try 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 aff Trustees fees. and Lender's
<br />and yruetee's attorney's fees, actualiy incurred to extent permitted by applicable law. in the evert Borrower or Truster exercises any
<br />right prow -dad by isw to cure an Even! of Wault, tender shalt be entitled to recover from Trustor all costs and expenses actually
<br />incurred as a result of Trustof s default including without Linitaton all Trustees and anorriey's fees. to the extent permitted by
<br />awtea0ie law
<br />15 Future Advances. tlp5s7 tequest of Borrower. Lender may. at 413 cv!,tm rr.'slie add•t.unal and future advances and re-
<br />alvar es 198c. rower Sa.0; adua.^COSillydrari Narce►s. with inttrev Meteor slut: i3e senared b'i f tea Geed of Tr,s^ At n3 t:me zhall
<br />thGi: rir: tcpaFasnaanirattneanalebtedng3ssecuredbyth igUW.,afTrust. rott r• ct:;! rgs� ;fsaovaR^er1'oprotectthesc!cu- ilatth,e
<br />13te?Y tt trttSt exceeC Me ct�g�rb! cr�!tC�Oal arru;�nt staxo taren. t;t S— _. —. wr :cro�•cr :s greater
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