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89- 105345
<br />So Nroperty Is so taken or denleged, Lender shah have the option, In ft sole and absolute discretion, to apply all such Proceeds,
<br />alter deducting therefrom all costs and expenses incurred by it in connection with such Proceeds, upon any inclabadrisse secured
<br />r h weby and in ouch order as Lender may delormine, or.to apply ell such Proceed& affair such deductions, to the restoration of the
<br />Properly upon such condilfotts ae Lender rray determine Any application d Proceedsto indebtedness shall not extend or posbsone
<br />ref dos date of any paymerite under the Nole. of cuts any delftutl thereunder or hereunder. Any unapplied funds isholl be paid in
<br />a. lteiere ig L_ae�r. Upon thr nccurrr3 nt,uf.Evarit at Mtautlhpraunder,
<br />or if am act Is ukan or let Qroc�sdinp_
<br />-- Commenced which rtNMri ft ANecle Lead * InWiM. In the Property, Lender may in ib own discretion. but without obligation lo do
<br />so. and wtf d nitre to or demand upon Trust and *11houl releeairtg Trustor from any obligaation, do any to which Trustor has
<br />agreed but lofts 10 do wvd ttlay also do any other act it deems necessary to protest tits security hereot. Trustor shall, immediately
<br />upon demand- thentVor by Lender, pity so Lender all costs Sind pxp/nses Ineurred -and-W rns expended by Lender in connection with
<br />thsexercisa by lender of the foregoing rights, together with Infereet thereon at the dehult rate provided in the NoN, which shell be
<br />added b the 1, debNdnMS secured hereby. Lender shalt not incur any liability because of anything It may do or omit to do
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<br />11. !fa*ardis" MaietlaN, Trustor shall keep the Property in compliarloe with all le" laws. ordinances aril r lotions
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<br />relating to industrial hygiene or environmental protection (cdllectively roWred to herein as "Environmental Laws'). Trustor $bait
<br />keep the Properly free from all substances deemed to be hazardous or toxic under any Environmental Liws (collectiv*i)E raiWad to
<br />herein as "Hazardous Materials ") Trustor heraby warrants and represents to Lender that there are no Hazardous M tens s, oil or
<br />under the Property. Trwbr hereby agrees to indemnity arld hold harmless Lender, its directors, officers, employees six ageow lied
<br />any successors to Lender's intwest from and against any and all clairns, damages. losses and liabilities arising in c� °rttit u..
<br />the presence, use, disposal or transport of any hazardous Materials on, under, from or about the Property. THE .Ir–. MO
<br />WARRANTIES AND REPRESENTATIONS. AND TRUS TOWS OBLIGATIONS PURSUANT TO THE FOREGOING INDEMtt.*T iL:•.:.
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<br />SURVIVE RECONVEYANCE OF THIS DEED OF TRUST.
<br />10. Assiprarent of Mote. Trustor hereby assigns to Lender the rents, Issues and profits of the Property, provided thattrustor
<br />attalf, until the occurrence of an Event of Default hereunder, have the right to collect and retain such rents. Issues and proviso as they
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<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 rece;vet appointed by a court and without regard to the adequacy of 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. mar ketabil ity or rentability of the Property, or any part thereof or Interest therein,
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<br />increase the iftcome therefrom or protect the security hareof and, with or without taking possession of the Property, sue for or
<br />otrisrwise ccifWthe rents, issues and profits thereof, including those past due and unpaid, and apply the same, less costs and
<br />expenses of cOaration and collection including attorneys' tees, upon any indebtedness secured hereby, all in such order as Lender
<br />may deee mift. The entering upon and taking possession of the Property, the collection of such rents, Issues and profits and the
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<br />app** Wit tflersr=f ae aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done in
<br />reep4rmi bs(tctt ddsun or pursuant to such notice of default and. notwithstanding the continuance in possession of the Property cr,
<br />the cyhecbicn. reoaipt and application of rents, issues or profits. and Trustee and Lender shall be entitled to exercise evtli*� tfghf.
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<br />proiuitied. ir.t.wy! of the Loan Instruments or bylaw upon occurrence of any Event of Default, including without Iimitaticnitte right
<br />to exNamia eXimer of sale. Further. Lender's rights and remedies under this paragraph Shan be cumulative with,and Irt naway a
<br />lanfWW, on, f+ mder's rights and remedies under any assignment of leases and rents recorded against the Properly. Lender, Trustee
<br />ail tth* receiStlN* shall be liable to account only for those rents actually received.
<br />11. Eve ft 0 Default. The following shall constitute an Event of Default under this Deed of Trust
<br />(a) Far-furs to pay any installment of principal or interest of any other sum secured hereby when due;
<br />(b) ftroach of or default under any provision contained In the Note, this Deed of Trust, any of the Loan inswments. cr any
<br />*tier lien cr encumbrance upon the Property;
<br />(c) A writ of execytian or attachment or any similar process shall be entered against Trustor which shall become a lien on,
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<br />the Property or any portion thereof or interest therein;
<br />(0) Thom shall be filed by or against Trustor or Borrower an action tinder any pretent or future federal, state or other
<br />statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors; or there shall be appointed any trustee.
<br />recelveror 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 Borrower shall make any general assignment tot the benefit of creditors:
<br />(e) Thai sale, transfer, lease. Assignment, conveyance or further encumbrance of all or any part of or any interest in fait
<br />Property, either voluntarily or involuntarily, without the express written consent of Lender; provided that Trustor shall be
<br />permitted to execute a lease of the Property that does not contain an option to purchase and the term of which does notexceed
<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
<br />of r.,. —` percent of (it a corporation) its Issued and outstanding stock or (1f a partnership) a total of . percent of
<br />partnership interests during the period this Deed of Trust remains a her► oil the Nupeity.
<br />12. Retaedln; Acceleration Upon Dell". In the event of any Event of Detsult I. ender 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 notice of any kind. ThereaftP.r Lender may
<br />(a) Demand that Trustee exercise the POWER OF SALE granted herein. and Trustee shall thereafter cause Trustee'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
<br />Act;
<br />(b) Exercise any and all rights provided for In any of the lean lnsttulLtQr.t1 o► by law upon occurrence of any Event of
<br />Default and
<br />(c) Commence an action to foreclose this Deed of Trust as a rroitgage, aypoirit at eceivet. or specifically enforce any of the
<br />covenants hereof.
<br />No remedy herein conlstrad upon or reserved to Truster or lender Is Intended to be exclusive of any other remedy herein, in the
<br />Loan instrurnenfs or by law provided or permitted, but each shall be curnwavive. swo tie in arldivi o to every ottnt► remedy given
<br />hereunder, inthe Loan Instruments or now or hereafter existing fit law u► fro equity tit Ill, t;tatute, and may Lo oxercised concurrently.
<br />Independently or successively.
<br />13. TrwNe. The Trustee may resign at any tinte without cause, end Lendiv !nay Est any bruit tmd without cause appoint a
<br />auCCessor or substitute Trustee. Trustee shall not be liable to any parry. Including witnoul -wimAfion Lender. Borrower, Trustor or any
<br />purchaser of the Property. for any loss or damage unless due to reckless or willful nittiunlrt..ia, aril shall not be required to take any
<br />action in connection with the enforcement of this Deed of Trust unless Indemnified. in w,A,nj, tot air colts, compensation or
<br />expenses which may be astoci*ted therewith In addition, Trustee may become a purchaser tit any sale of this Property hud.cial or
<br />undr ft "or of salo granmr1l harain); nnstnanw thoy **I& nt all nr anti prigtc.n nt (hm Grnpgs�y car prtigtat! h0 I!>lq_ r,r iewll the
<br />Property av a whole, or in separale parcels or lots at Trustee's discretion
<br />14. Feesard MilserMee. In the event Trustee sells the Property by Exercise C1f li,al4ef of s!R, frLl5l$e Shall he ent,tlfid ld apply
<br />any sale proceeds first to p*ym*nt of all casts and expenses or exercisnna power (it ens!e nit aid, ng till Truatec >'u feej. nr.d londei's
<br />anQTiusles' aatlorney' efeN, actually incurred to extent permittedbyappl)cah.eftrx +nln'?tivent lfo�rr. Xerur Tru3ttl►�+KettiSegany
<br />nigh.[ provided by law to cure an Event of Default, Lender shall be entitled to rtil.117et it on 1 tuStrir lilt t o3t911i'r1 wxpenstls actually
<br />inCUrrod as a result of Trustor's default. including without irtnitat on ,if 1'tustetp o a1"4 ritt„u10y 6 tole "j - 14) Meal (IM10111 vurnutled by
<br />8011Cel* taw.
<br />15 Fwurts Advances. Upon request of Borrower, Lender may. at its opiai n nuikt, ,om,llon,ll 1111.1 r„ti.;[: lo:lal +sir 41% 111141 it)
<br />R iln[Bltf,YlilirlpuYyl f�llf. n& �4$ ri> eSdrd lt0fMititA9 .W•th!ntet�s4111�e!e!jn 6ha1!Lf! :1 ?tom :£ +,li',r!I :n1-1 f :iUfT!!1At At1lf1!!,i :!rO!Slt1
<br />it-* principal arreoantof the inclovednesssecuredb/ 1h ,sDeedolTrust at•; Ill. -N!itC-ul :ilcayilttit,ry
<br />0"dot Tr Jilt, eilGW $1113 rn,g tlal pnnopat tirlJOUrtt &!area hereJlti 111 $ 17. 000 .00 �,! i nr,et.1 a air ttr:
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