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$9� 105439
<br />ft Property is so taken tx damaged, Lendef atoll have the option, in its sots and absolute discretion. to apply let such Pt000eds,
<br />after deducting therefrom! all wallets wild axpertese incurred by 11 in connection with such Proceeds, upon any Indebtedness secured
<br />ion" rand. in such order as Lender may delerm ins. or to apply all such Proceeft after such deductions to the reallocation of fee
<br />_ - Properly upon such condifN M as Lander may delermina Any application of Proceeds 10 indebtedness shall not extand or postpone
<br />-.. _ the due date of any psyments under the Nola. or cure any deft!it thr rounder or he►sundw. Any unappNsd funds shall be paid tb
<br />.Truaw,
<br />e. Redocmanee by header. L•ytoh the occurrence of an Event of IAetault boreunder. or it any act is taken or lega ll proceeding
<br />— whratltrast�iauiyrafiacitrt�erstintiti_ to
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<br />so, and without notice to or demand upon Trustor and without r4amiling S'rus for from any ob!Igatfon. do any act which TrusW has
<br />agreed but fails to do and may also du. any ocher act it dearnS, necefr<sary le protect the security hereof. Trtusor shall; immediately
<br />trpnrl demarfd thetMor by t.andar, ppy to Lender all cash and axperass►s irtcurrsd and awmti expended by Rendec in connection with
<br />the exercise by Landar of the ttlragoing- TIGhts, together with lekWost tflareon atthe'delauftrats provided in fee Note. which shah be
<br />added to the indebtedness secured. (laraby. Landes. shall not incur, any liability because of anything it may, do or omit to do
<br />j hereunder.
<br />r g. ltetatdtxae UdwislA. Trustor shall keep the Property. In.cornpliance with all applicable laws. ordinances and regulations
<br />relating to industrial hygiene or. environmental pfo%ct:on (colisotti*fy referred to herein as "Environmental laws "j. Trustor shall .
<br />keepthe property frea tram all suboUnces deemed to be huardoub or toxic under any Environmental laws (collece%ft rallarrad to
<br />herein " "Hazardous MowlAts!). Trustor hereby warrants and. represents to lender thtt there are no Hazardous MiM irtals on or
<br />under the property. Trust( agrees to indemnity And hold harmless lender, its directors, officers, employees "igents, and
<br />any successors to Len 76,1. 1areslLnom and against arty and all claims, damages. losses and liabilities arising in connection *Ah -
<br />tha prssertce. use, dispdsal ar trap rt of any Hazardous Materials on, under, from or about the Property. THE FORE i�0ii�ii .
<br />,. WARRANTIES AND REPWENT���, AND TRUSTOR'S jOBUGATiONS PURSUANT T(; :T13? FOREGOING INDEMNITY. SHAT i ;
<br />SURYVtii!E RECONtfEYi1NCE QF 1rHk J, tED OF TRUST.
<br />10: Aselgsamill! of Reds. Trusityrhereby assigns to Lender the rents, issues and prcFts o4:che Property; proved l that Trustor
<br />shall, until the occurrence of an Event of Default herreunder, have the right to collect and reta;;;rsu -.h rents, issues and profits as /hey
<br />become due and payable. Upon the occurrence c.t4rl Event of Default. Lender may. either in person or by agent; with or without
<br />., bringing arry,.action or proceeding, or by a recelvev appointed by a court and without regard to the adequacy of it
<br />upon enter
<br />upon and d".possession of the Property, or any pan thereof, in its own name or in the narreo` the Trustee, and do acts which it
<br />deems nsceasary "desirable to preserve the value, marketability or rentability of the Property, or any part thereof o*.- ;jMerast therein.
<br />increase the income therefrom or protect the security hereof and, with or without taking possession of the Property, sue for or
<br />otherwise collect the.rrraW issues and profits thereof, including those past due and unpaid. and apply the same. less costs aryl
<br />expenses of operation and collection including attorneys' fees, upon any indebtedness secured hereby, all In such orderas Lenclor
<br />may delefraine. The entering upon.al!sd taking possession of the Property, the collection of such rents, issues and .iis. otits and the
<br />applicadius .f woof as aforesald. sfaxi( Act cure or waive any default or notice of default twounder or invalidate A)f, act done in
<br />respons4M such default or pursuant to such notice of default and, notwithstanding the ccnArtsance in possessio t cC Ie Property or
<br />the collection, receipt and application of rents, issues or profits, and Trustee and Lender-, ;r .all be entitled to exerastie every right
<br />_ .. provided for in any of the Loan Instruments or by taw upon occurrence of any Event of Default, includ ;rrt trithout tinni'ation the right
<br />to exorcise the power of sale. Further, Lender's rights and remedies under this paragraph shalt be cu, wr =ve wilt►, tzd in no way a
<br />limitation on, Lender's rights and rernkles under any assignment of leases and rents recorded against the PropertY -. *eider. Trustee
<br />and the receiver shall hire liabA to pmx=Int only for those rents actually received.
<br />11. Everts of Delauit. The follAwi ii shall constitute an Event of Defaett under this 'deed of Trust
<br />(a) Failure to pay. any installment of principal or interest of any ox.wr•sum secured hereby when due;
<br />(b) A breach at or default under any provision contained in the No',A, t`,is Deed of Trust. any of the Loan Instruments, orw, 7,
<br />other lien or encumbrance upCr "'e Property.
<br />(c) A writ of execution or sUchment or any similar process shall be entered aga:�natTrustor which shall become a lien on
<br />the Property or any portion thereof or interest therein;
<br />(d) Thera shall be Had by or against Trustor or Borrower an action under any zwecgrc, aT LAure federal.: state or other
<br />statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors: appointed any trustee,
<br />receiver or liquidator of Trustor or Borrower or of all or any part of the Property, or the rer. s. !su.r%_s or profits thereof, or Trustor
<br />or Borrower shall make any general assignment for the benefit of creditors;
<br />(e) The seta, transfer. tease, assignment, conveyance or further encumbrance cJ.•' all or any part of or anrf. nrtsrest in the
<br />Property. either voluntarily or involuntarily, without the express written consent of Lender: provided ';! at 'rrumW shall be
<br />permitted to execute a tease of the Property that does not contain an option to purchase and the tern. z .cf phis?', does not excised
<br />one year,
<br />(0 Abandonment of the Property. or
<br />(g) 11 Trustor is not in individual, the issuance, sale, transfer, assignment conveyance or encumbrance of more than s total
<br />of — percent of (if a corporation) its issued and outstanding stock or (if a partnership) a total of percent of
<br />partnership Interests during the period this !:retied of Trust remains a Iron on the Property.
<br />12. Re aaedles; Accaleralion Upon Default In the event of any Event of Default Lender may, without notice except as required by
<br />law, declare all Indebledness secured hereby to be due and payable and the same shall thereupon become due and payable
<br />without any presentment demand. p(atestrzt' notice of any kind. Thereafter lender may:
<br />(a) Demand that Trustee• exalicise the POWER OF SALE granted herein, and Trustee shall thereafter cause Trustor's
<br />interest in the Property to be sold and the proceeds to be distributed, all in the manrat:r provided in the Nebralka Trust Deeds
<br />Act
<br />(b) Exerciaaiany and all rights provided lur in any of the Loan.lnsiluments cr by law upon occurrence of any Event•of
<br />Defauff: and
<br />,.. jo) Ccmmence an action to foreclose this Deed of dust as a mortgage. appoint a receiver, or specifically enforce any of the
<br />eovtu►eirrfs hereof.
<br />No remedy herein conferred upon or reserved to Trustee or Lender is intended to be exciusive of any other remedy heroin. in fib
<br />Loan Instruments of by law provided or permitted, but each shall be cumulative, shall be in addition to every other remedy given
<br />hereunder. in thf! Loan Instruments or now or hereafter existing at law or in equity or by statute, and may be exercised concurrently.
<br />rradepertderrMy Or successively.
<br />13. Trusses. The Trustee may resign at any time without cause. and Lender may at any time and without cause appoint a
<br />successor or substitute Trusise. Trustee shall not be liable to any party, including without limitation Lender, Borrower, Trustor or any
<br />purchaser of the Property, for any loss or damage unless due to reckless Of willful misconduct, and shall not be requited 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 />experrim which may be.associaled therewith. in addition. Trustee may becomea purchaser at any sale of the Property hudiciaf or
<br />uric it "vier pJVW fit t:;e $„r;.ad haminj, powporc ,he a! al! of any portion c1 tt!e Prop".. as nrnvided by law: or sell the
<br />PmpoM as a whole, or in separab parcels or tots at Trustee's discretion.
<br />14. !rase art ffige me. in the event Trusee silts the Property by exercise of power of sate, Trustee shall be entitled to apply
<br />any sate proceeds first to payment of ail costs and expenses of exercising power of sa'e. including an Trustees fees, and Lender's
<br />and trustee's attorneys his. actually incurred to extent permitted by applicable, law. tr► the event Borrower or Trustor exercises any
<br />tryht p:avrded by law to cure an Event of Default. Lender shall be entitled to recover frorn Trustor all costs and expenses actually
<br />incurred ae a result of Trustois default including without (imitation all Trustee's and attorney's fees. to the extent permuted by
<br />spplieabfe taw.
<br />IS iuk" Advances. UGon tewest of 801toXe.'. Lender rray. at i:S opt,on. make add.tionat and future advance'% and to-
<br />$dvl! :eSt'J�31T(3iteT rJttSrredrancessrdr2aivarrces,+ ��trt; MefoslPl; recr ii,$!. a!it?esec_rejt2yth:sDeEdofTtuGf iiftioLmostlali
<br />tftepr,nt.paa arrowil 01 thtt1ndatitedness secured by fnis feed of Trust. not mciudlog suir.s acivanved ra protect the secunt•-, of fnis
<br />0mo o Trust. axi;eed the erig:nat principal amount s'.a" !"ere:n. or $ i �OQQ.:4Q whichrs.•er es yrea!e?
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