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1 gg- 105436 the Property Is so token or darnsped. Lender shall have the option, in it vote and absolute discretion, to apply AN such Proceeds, allay deduciiing t ersiran all coat and expenses Incur ld by it In connection with such Proceeds, upon any UtdetlMdr� ssmW herby and in such oMsr se Lender may dolm e. ►err, tilt 09 ft all such Proceeds, attar such deductions. to the rookwa m of the Property upon such conditions as Lender may dahrmina.:40Y appiieation of Proceeds to Indebtedness shalt not extend a postpone j We due dote of any pwyrnents under the Note, or cure etty defrwlt thereunder or hereunder. Apy-unappiied funds shad be pold lo Tntslor. ---- ..- ._..._ ._.._. A. Psdenu tee by (antler. Upon the occurrence of an Event of Default hereunder, or if any act is taken or egad proeesOM cQn±n,.nr rt r tv�tlu all4c� Lender a intlrpsi. Intl( F . L mtk in its own discroWm but_without ObHoOW Ib ft.. so. and without notice to or dttmand uw.Truatar and wiltlaut releasing Trutltorr. tram any obtijallon. old tiny ad vifi ch Trustor has agreed but faits to do and may stool do arty other act (tL cfeisms m Kiti isry to protect fm security hereof. Trustor shalt. immediNety upon dwrAnd titereW by lender, gaY W Lender alt costa end exppr'04s Incurred and sums expanded by Lender in eonrloofto with the exerelse b) j Lender of tgregoiris'right% tbgeihoi vvAM inienedthbreon of the delault rate provided In thi NoIR whM UM be added to the indebiadnest secured hereby. Lauder shall not incur any liability because of anything it may do or omit to do ! Mlereitndsr. E. llaa<ardees YatettaM6 Tmator shall keep the Prrsperty in compliance with. all applicablo laws, ordinances and regulations relating to induatrial hyglene or environmental protection tcollectivety.referred lift hemirt,aa t'lrnvifonmentel Laws' ?. Trusttor shalt keep the Property free from all substances deemed to be hazardous ortoxic under.any EnvirCnmental Laws (collectively retarred to ` herein as "Hazardous Mater:sis "). Trustor ttdreby warrants and repraaents to Lender that there are no Hazardous Materials on or s corder the Property. Tr.,retr r hereby agrees to indemnify and ho',d harmless Lender, its directors. officers, employees and sgentk and any successors to lender's inteMt, from and againstany and all claims, damages. tosses and liabilities arising In connection with the presence, use. disposal .,or transport of any i-itzardous Materials on, under, from o: about the Property. THE FOREGOING WARMNYIES AND AEPAESEWATIOM1t11 ,l AND TRUST OWS OBt.iGAMONS PURSUANT TO THE FOREGOING INDEMNITY. SHALL. SURVIVE RECONVEYANCE OF THIS DEW OF TRI:317.: 10 Assigrtrttartt of FAwAs. Trus err heret:V assiggs tq Lender the count$. Issues and profits of the Property; provided that Trustor 'r shall, until the occurrence cf an Event of Defoulkherail"der, have the rfghltid collect and retain such rents, issues and profit as they become due and payable. Upon the cccurrence of ari.Event of Default; Lcrtder may, either in person or by agent. with or without bringing any action or proceeding, er pp a receiver appointed by a court and without regard to the adequacy of its security, enter ' upon and tskepossessionof the Prcper v ci:anypan thereof, in its own nameorinthenameofthoTrustee .anddoanyactbvwhichill deems necessary or desirable to preserve the value, marketability or rentability of the Property.cr.any part thereof or intwWft erein, increase the income therefrom cr. protect the security hereof and, with or without taking possession of the Property, via for or otherwise collect the rants, issues and profits therksof;. including those past due and unpaid, and apply the same. less costs and expenses of operation and cailt ah4n including attrrrneys' tees, upon any indebtedni ms secured hereby, all insuch orderas Lender may detrmine. The entedila upon anil.11lking possession of the Property, the collection of s+tch rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done in response to such default or pursuant to such notice of default and. notwithstanding the contin izance in possession of Me Prop" or the collection. receipt and application of rents, issues or profits, and trustee and Lender stW-. be entitled to exercise every right provided for in any of the Loan instruments or bylaw upon occurrence of any Eventaf Default, including without limitation the right to exercise the power of salt. further. Lender's rights and remedies under this paragraph shall be cumulative with, and in no way a Ilmdation on, Lender's rights and remedies under any assignment of leases and rents recorded against the Property. Lender, Trustee and the receiving shall be liable to accour,c only for those rents actually received. 11. Erent of Owfacdt: Tho following s: Bali constitute an Event of Default under this Deed of Trust (a) Failure to pay any installment of principat or interest of any other sum secured hereby when due; (b) A breach of or default under any provisicr rrntained in the Note, this Deed of Trust, any of the Loan Instruments. or any other lien or encumbrance upon the Property, l (c) A writ of execution or attach'Tent or any similar process shall be entered agains' r'n,:stor which shall become a lien on the Property or any portion thereof cm interest therein; (d) There shall be filed by or agw,nst Trustor or Borrower an action under any present or future federal, state or other statute, la:: or regulation relating to bankruptcy, in alvency or other relief for debtors; or there shalt bo appointed any trustee, receiver or liquidator of Trustor or Borrower or of a' or any part of the Property, or the rents, issues or profits thereof, or Trustor or Borrower shall make any general assignment for the benefit of creditors; ? (e) The sale, transfer, tease, ass- (.:nment, conveyance or further encumbrance of all or any part of or any interest in the Property, either voluntarily or invclr,:rirarily, without the express written consent of Lender; provided that Trusvw%tshall be permitted to execute a lease of the Property that does not contain an optiois to purchase and the term of which does c't exceed one year; (Q Abandonment of the Property; or (g) If Trustor Is not an individua; the issuance, sale, transfer, assignment, conveyance or encumbrance of more than a total of (if a corp;r'O.0n) its issued and outstanding stock or (if a partnership) a total of pm cent of orb+.brs/:i:� 3r,,* s dusi.ng the period this Deed of Trust remains a lien on the Property. 142. I u wA @; Acce0r aian Upon DetauR. in the event of any Event of Default Lender may, without notice except as required by law, declare;0 indebte&m secured hereby to be due and payable and the same shall thereupon b c me due and payable without any r4resentment, demand, protest or notice of any kind. Thereafter Lender may: (s) f,Atrr:and that Trustee exercise the POWER OF SALE 9fanted herein, and Trochee• shall thereafter carve: Tristor's interest, ii ffie Property to be sold and the proceeds to be dish c�.ed, all in the manner prct+�iCed in the Nebraska TnrsZ Deeds Act; (b) Exercise arty, and all rights provided for in any of the Loan Instrurrnt.3 or by law upon occurrence of any Event of Default, and (ci Commence ar, action to forLmicse this Deed of Trust Asa mortgage, ap;omt: a, receiver, or specifically enforce an +, of the covenants Hereof. No remedy herein conforred- upon or reserved to Trustee c Le1114. r is inten ded to 6e exclusive of any other remedy herrain, in the Loan Instruments or by law provided or permitted, but each shah be cumulative; st ail be in addition to every other remedy given hereunder, in the Loan IZiYtuments or now or hereafter existing at law or in equity or by statute. and may be exercised concurrently. independently cr successively. 13. Therese. The Trustee may resign at any time without cause. and Lender may at arty time and without cause appoint a successor or substitute Trustee. Trustee shall not be liable to any party, including without hm;mnon Lender. Borrower, Trustor or any purchaser of the Properly, for any loss or damage unless due to reckless or willful misconduct, and shall not be required to take any action in connection with the enforcement of this Deed of Trust unless indemnified. in writing, for all r-csts. Compensation or expenses which may be associated therewii6. in addition. Trustee may become a purchaser at any sale of the Property Qudicial or under the power of axle granted herein); postpone the safe of all or any portion of the Property. as provided by law; or sell the Property as a whale. or in separate parcels or tots at Trustee's discretion. 14. Fete and Expenses. In the event Trustee sells the Property by exercise of power of sale. Trustee shall be entitled to apply any sale proceeds first to payment of all costs and expenses of exercising power of sate. including all Trustee's tees. and Lender's and Trustee's attorney's fees. actually incurred to extent permitted by applicable law. In the event Borrower or Trustor exercises any right provided by law to cure an Event of Default, Lender shall be entitled to recover from Trustor all costs and expen sea actually incurred as a result of Trustor s default, including without limitation all Trustee's and attamey's fees, to the extent permitted by applicable law 1S- Fullwe Advances. Upon request of Borrower. Lender may. at its option, make additional and future advances and re- ad7ances to Sorruwer Such advances &no tedvaances. with interest thetetm. shall bo secured by this Deed of Trust. At no time shall the principal amount of Me indebtedness secured ey mis Deed of Trust; not including sums ndvancod rti prolocr fno secul +rye of rn+s Deed W Trust exceed the crigmal rimcipal amount stated herein. err 513.,r587.Oa -- .. -. _, whictsever is greater . . t . . --