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F
<br />105440
<br />to Properly Is so MM or d6oftesd. I~ dull ham the option. In Its VMS and &bOdu* dISCIVOW". to Apply All such PMC*Oft
<br />allser deducting there korn all cosh and expense Incurred by it In connection with such Procisaft upon any Indebodneas secured
<br />we* vW In such cwdw " Lender may determine. or to apply all such Proceeds. WW such deductions. to the restoration of the
<br />Property upon such conditions tselender may doilormine. Any application of Proceeds to Indsiblednen shall not extend or postpone
<br />sloe duo dWs of any payments under the NOW. or cure any dofautt thereunder or hairstund1w. Any unsipplied funds Visill be paid to
<br />Tf uowr.
<br />6. ParWlttrtoe by LwAlisr. UW Me occurrence of an Event of Dolaut0werourKkir. or It any act Is taken or legal proceeding
<br />n its
<br />--,Lwxfwmyl - _*wndIscr~,. ben w1th --n-Vk_ -nftd*.
<br />so, and wWAM ncolicei to or dommind upon TrusW &Adwl*W riiiii"ing Truster from any ob0gation, do aft se which TnWw has
<br />agreed but fieft to do and may also do any other act it doeirris nocoseary to protect the security hereof. Trustor aW. Irimediably
<br />upon ftnW thoroklir by Lvidisr. I*y 1* Lander all costs and expanses Incurred and sums expanded by Lo(xW in cW00CW W.0
<br />the exercise by Lender of the foregoing rights. together, with interest thereon at the default rate provided Into N040, which shat( be
<br />060 to the indibliadmas secured hereby. Lander shall not Incur any liability because of anything It may do or omit I* do
<br />9. HatardwA MebrIML Trustor shall keep the Property in compliance with all applicable laws, ordinances and raigulafJons
<br />retailing to industrial hygiene or environmental protection (collectively referred to herein as "Environmental Laws"), Trustor shall
<br />keep the Property free from all substances deemed to be hazardous or toxic under any Environmental Laws(collectively referred I*
<br />heroin asi 'Ma urdous Materials"}. Truster hereby warrants and represents to Lender that that* are no Hizardous MmwW* on or
<br />under the ProWly.Truslor hereby agrees to indemnify and hold harmless Lender, its directors, officers. employees and &W k and ,
<br />any successions to Lender's interest from and against any and all claims, damages, losses and liabilities arising in connection with.
<br />the prewce, use, disposal or transport of any Hazardous Materials on, under, from or' about the Property. THE FOREWING.
<br />WARRANTIES AND REPRESENTATIONS. AND TRUSTORS OBLIGATIONS PURSUANT TO THE FOREGOING INDEMNITY, SHALL
<br />SURVIVE RECOWEVANCE OF THIS DEED OF TRUST.
<br />10. AssilgriwAvil of Roft Trustor hereby assigns to Lender the rents, issues and profits of the Properfr..provided thatTrustor
<br />shall, until ft occurrence of an Event of Default hereunder, have the right to collect and retain such rents, Isegedi and polits as "
<br />become due and payable. Upon the occurrence e an Event of Default Lender may, either in person or ' by agent with or without
<br />bringing any action or procaoding, or by a receiver appointed by a court and without regard to the adecitid6f of ifs skurity:.eriter
<br />upon and take possession of the Property, or any pan thereof, in its own came or In the name of the Trustee, and do so achtwillakit
<br />dooms necessary or desirable to 1proserve;he value. marketability cirrental:ility. of the Propertycrany, part thereof or'Intereatthardiff,
<br />increase the income therefrom or protect the security hereof and, with dr without taking po&"ssian.Gf-Ifte Property. sue for or
<br />otherwise collect the rents. issues and profits thereof, including those past dud-and unpaid, and apply file: same. ton costs and
<br />expenses of operation and collection including attorneys' tees. upon any ind6ttedness secured hereby: WfJmsuch order as Lender
<br />may determine. The entering upon and falling possession of the Prop", the Collection ofaudh rents,' issues and profits and the
<br />application thereof as aforesaid, shall fnit. rure or waive any default or notice of clefault•lioroupcier or invalidate any act done In
<br />response to such default or pursuant lct!slich notice of default and, notwithstanding the centioulloce In p6samlon of the Prop" or
<br />the collection, receipt and application itf rents, issues or profits, and Trustee and Leader shall be entitled to exercise every right
<br />provided for in any of the Loan Instrumentsorby law upon occurrence of any Event of Default including Without limitation the right
<br />to exercisethe power of safe. Further, Likider's rights and remedle3under this paragraph shall be cumulative with, and inno way a
<br />limitation on. Lender's rights and remedie 6 under any assignment of leases and rents recorded against the Property. Lender, Trustee
<br />and the receiver shall be liable to account only for these rento or-tiatily received.
<br />11. Evonft at Delloull, The following shall constitute an Event of Default und-or this Deed of Trust
<br />(a) Failure to pay any Installment of principal or interest of any other sun secured hereby when due,
<br />(b) A breach of or defautt under any provision contained in the Note. this Deed of Trust any of the Loan Instruments. or any
<br />other lion or encumbrance upon _ the Property;
<br />(c) A writ of execution or Aft"tment or any similar pmi:eSs shall be entered aga!rratTrustor which shall become a lien on
<br />the Property or any portion tllier4rA (;I-. interest therein;
<br />(d) There shall be filed by a r against Trustor or Borrower an action under anq'�rvtent or future federal. state or other
<br />statute, 3w or regulation relating. fix bankruptcy: Ansulvencyor other relief "ere shgfpbe appointed any trustee,
<br />receiver or liquidator of Trustor cis-Barrower orotalt or any part of the -.issues &vprofitsthereot. or Trustor
<br />or Borrower shall make any Seriarali iissignmeni for the benefit of creditarv,
<br />(e) Tbu safe, transfer, lea5e, ainaignment, conveyance or further encur-porance of'a',• or any part of or any 1.diresit In the
<br />Property;. either voluntarily or rlcijWntarily. without the express written ;-nnsenl of Lender, provided that Tr!j0k;r shall be
<br />permitted to execute a<kww of the Properly that does not contain an opticr, In purchase and the form of which does not exceed
<br />one year;
<br />Abandonment at the Property; or
<br />(g) It Trustor Is not an inclividuai;.the issuance, sale, transfer, assignment conveyance or encumbrance of more than a total
<br />of --percent of c_,,ipi4m((cnj its issued and outstanding stock or (ita partnership) atotal of - percent of
<br />Partnership Interests durli'll fte. pnwldd this Oftod• of Trust remains a lien on the Property.
<br />12. Rome"; Accalleraillian t4p" 001lault In Ito event of any Event of Default Lender may. without notice except as required by
<br />111W, dedilito all lft46IbIe&*" secured hereby to be due and payable and the same shall thereupon become due and payable
<br />without any presentment, dernand, pf,ofest or notice of any kind. Thereafter Lender may:
<br />(a) Demand that Trustee #Ammise the POWER OF SALE granted herelp. and- Tivature shall thereafter carobs Pustor's
<br />interest in the Prop" to be sold and the proceeds to be distributed, all ir) the marwisr, j;rovided in the Nebraska Trust Deeds
<br />Act
<br />(b) Exercise any and all rights provided for in any of the Loan Instruments crtIV, f4vir upon occurrence of any Event of
<br />Default and
<br />(c) Commencean action to foreclose this Deed of Trust as a mortgage, appoint a timaiver, or specifically enforce any of the
<br />covenants
<br />No remedy herein conferred upon or reserved to Trustee or Lender Is intended to be exclusive of any other remedy herein. In the
<br />Loan Instruments or by law provided or permitted, but each shall be cumulative. shall be In addition to every other remedy given
<br />hereunder, in the Loan Instfumentsor now or hereafter existing at law or in equity or by statute, and may be exercised concurrently,
<br />Indielpendeft or successively.
<br />13. Troplisai. The Trustee may resign at any time without cause. and Lender may at any time and without cause appoint a
<br />succivagn or substitute Trustee. Trustee shall not be liable to any patty, including without limitation Lender. Borrower. Trustor or any
<br />purchaser of " Property, for any loss or damage unless due to reckless or willful misconduct, and shall not be required 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 />expliftsob which May be "Weilled therewith In addition. Trustee may become a purchaser at any safe of the Property (judicial or
<br />under ffm power of solo granted herein); postpone the sate of all or any portion of ; the Property, as provided by law; or sell the
<br />Property as a whole, or in separate parcel* or lots at Trustee's d.-scretion.
<br />14. Feast &W Espeiiiiaim In Moovent Trustee sells the Property by exercise of power of sale. Trustee shall be entitled to apply
<br />any sate proceeds first to paymeritof all costs and expenses of exercising power of sate. including all Trustee's fees, and Lender's
<br />and Trustee's attoway's to". actually incurred to extent permitted by applicable law In the event Borrower or Truster exercise$ any
<br />right provided by taw to cure an EYWI of Default. Lender shall be entitled to recover from Trustor all costs and expenses actually
<br />(nic'utrod as a tesult of Ttuslot's default. including mtivout all Trustee's and attornoy's fees, to the extent permitted by
<br />applicable law
<br />45 Future Advances. Upor, toQuest fit Borrower. Lender may. at its option. rrahe additional and future advances and to-
<br />atianc*qtuoorrower S.Ch advances and readvances, with interest lhn.f car,. shall be secured by Ines Deed of Trust Atno time shall
<br />4f In" 4ticlipblipdness secured 6-yowibeed (it Truo- ftcot oldudaig sums advanced topyotect the security afthla
<br />Dftd of Twat exceed the nrigmalpoircival amount stated here or EI.ELMOD, Michover is greater
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