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<br />the Properly is so taken Or dimsped. Lender Shall have the Option. In its sole wW absolute discretion, to apply all such Proceeds,
<br />altssdeduegng Istworom elf cats and expenses incurred by it In connection with such Proceeds, upon any indebtedness secured
<br />hereby and In such of as Lender may determine, or to apply all such Proceeds. after such deductions. to the restoration of the
<br />Properly upon such condiftne as Lender may determine. Any application of Proceeds to indebtedness shall not extend or postpone
<br />= the due dais of any payments under the Nate. of cure any default thereunder or hereunder. Airy unapplied funds shall be paid to - - - - -
<br />- j Trustor.
<br />e. r«.�...r..0 ..........r: of ;z talc •_ ;ry -- - —
<br />commenced which materially effects Lender's interest in the Property, Lender may In its own discretion, but without obligetion to do
<br />W and wittioutnotlGe to Or demand upon Trustor and without releasing Trusloy from any obligation. do any act which Trustor has
<br />mWeed but Wdo to do and may also do any other act it dooms necessary to protect the security hereof. Trustor shall, Immediately
<br />upon demand thereby by tender, pay to Lender all costs and expenses incurred and sums expandedby Lender in connection with
<br />She exercise by Lender of ter foregoing right, together with interest thereon at the default rate provided in the Note, which shall be
<br />i added to the indebtedness secured hereby. Lender shall not incur any liability because of anything it may do or omit to do
<br />hetwxhder.
<br />f 9. Hisawdow Materials. Truster shall keep the Property in compliance with all applicable laws, ordinances and regulations
<br />relating to Industrial hygiene or environmental protection (collectively referred to herein as "Environmental Laws'). Truster shall
<br />t keep the Property free from all substances deemed to be hazardous or toxic under any Environmental laws (collectively referred to
<br />I herein as "Hazardous Materials'). Trustor hereby warrants and represents to Lender that there are no Hazardous Materials on or
<br />under the Property. Truster hereby agrees to indemnify and hold harmless Lender, its directors, officers, employees and agents, and
<br />any successors to Lender's interest, from and against any and all claims, damages, loss¢ir-and liabilities arising in connection with ; _ -
<br />tlha presence, use, disposal or transport of any Hazardous Materials on, under, from di about the Property. THE FOREGOING -
<br />WARRANTIES AND REPRESENTATIONS. AND TRUISTOR'S OBLIGATIONS PURSUANT TO THE FOREGOING INDEMNITY, SHALL
<br />SURVIVE RECONVEYANCE OF THiS DEED OF TRUST.
<br />10. Aoe%pm ant d Qeals. Truster hereby assigns to Lender the rents, issues and Profits Of the Property; provided thatTrustor
<br />shall, until the occurrence of an Event of Default hereunder. have the right to collect and retain such rents. Issues and profits as that'
<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 an4 action or proceeding. or by a receiver appointed by a court arZd 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 ordedfrabto to preserve the value, marketability or rentability of the Property, or any part thereof or interest therein.
<br />increase the income Ifterefrom or protect the security hereof and, with or without taking possession of the Property, sue for or
<br />otherwise collect the refits►, Issues and profits thereof, including those past due and unpaid, and apply the same, less costs and
<br />expense ooperstion and collection including attorneys' fees, upon any indebtedness secured hereby, all in such orderers Lender
<br />may doWmiirio. The entering upon and taking possession of the Property, the collection of such rents, issues and profits and the
<br />idpplioa1i0t 0ii.kQ0f as aforesaid, shall not cure orwra�ve any default• or notice of default hereunder or invalidate any act done In r'
<br />_ response t6st6eh default or pursuant to such notice.rFdefawlt; and. notwithstanding the continuance in po soession of" Property or c`
<br />j. the coltectidt _receipt and application of rents, is!%ea Grip, gilts and Trustem and Lender, shall be eniftlyd to exercise every right '
<br />{ provided tgrrl ,-,' lny of the Loan. instmnrnts or bylaw upon- cccimvrice of any Event of Defaxiii, includin without timitation the right
<br />to exercise 1110 power of sale. Furthw,.Ui nder's rights and remedies under this paragraph ahaii be cumulative with, and in noway a
<br />limitation on, Lender's rights and retries under any assignment of leases and rents recorded against the Property. Lender, Trustee
<br />and the recalver shall be liable to account only for those rents actually received.
<br />11. EveMe of DdsuiL The following shall constitute an Event of Default under this Deed of Trust:
<br />(a) Failure to pay any installment of principal or interest of any other sum secured hereby when due;
<br />(b) A breach of or default under any provision contained in the Note, this Deed of Trust, any of the Loan Instruments, or any
<br />other lien or encumbrance upon, the Property;
<br />(c) A writ of execution or attachment or any similar process shalt be entered against Trustor which shall become alien on.
<br />the Property or any portion, thereof or interest. ttvarein;
<br />(d) There sti8ji.1-.,e ,ed,t ;• or against Truster or Borrower an aclinn under any present or !U oa federal, state or other
<br />statute, law or VV t�a`tl�a1 riEF ;OAb• to bankruptcy, insolvency or other reiiadf for debtors; or there shall be appoihind any trustee,
<br />i receivir' i7f,Ilquidatdr of Trustor or Borrower or of all or any (Flat of the Frct:r3r1y, err thr r!? Its, issues or profits thlrtaot or Trustor
<br />! or Barr,' ,,'w w shall make any general assignment for the benefit of cree iiarK--A
<br />( (e) Tice sale. ianiiter, tease, assignment, conveyance or further erKiunbrance ct all or any part of or any interest in the
<br />Property, either tidtuttwily or involuntarily, without the express wri"att consent of Lender, prrvtd4d that Truster shall 13w
<br />permitted to execu* &lease of the Property that does not contain an to purcfta.F;e and the ttarm -al which does not exceed '
<br />one year;
<br />(4) ,Abandonment 9f the Ptpprttty; or
<br />(g) II Trustor Is not an Individual, the issuance, sale, transfer, assignment, conveyance or encuillLrance of more than a total
<br />of percent of (if a corporation) its issued and outstanding stock or (Ii a partnership) a f4rul of _-__. percent of x
<br />partnership interests during the period this bed of Trust remains a lien on the Propetty.
<br />( 12. Rim sell- AdcollerMbn Upon 0dsu1L in the event of any Event of Default Lender may, without notice excepl'an required by
<br />law, dactsret all Indebtedness secured hereby to be due and payable and the same sratl thereupon become due rand payable
<br />l without any Presentmerit. demand, protest or notice of any kind. Thereafter Lender may.
<br />(a) Demand that Trustee exercise the POWER OF SALE granted herein, and Trustee shrill thereafter cause livalaea
<br />Interest in the Property to be sold and the procrpds to be distributed, all in the manner provided In tf:e Nebraska Thirst' D- Aft
<br />Act
<br />(b) Exercise any and all rights provided for in any of the Loan Instruments or by faw upon occurrence of any Event of
<br />Default; and
<br />(c) Commence an action to foreclose this Deed of Trustas a mortgage, appoint a receiver, or specifically enforce any of the
<br />' COwrtants hereof.
<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 instruments or now or hereafter existing at law or in equity or by statute, and may be exercised concurrently.
<br />independently or successively.
<br />13. T[ueMe. The Trustee may resign at any time without cause, and Lender may at any time and without cause appoint a
<br />successor or substitute trustee- Trustee shalt not be liable to any party, including without limitation lender, Borrower. Trustor or any
<br />purchaser of the Property, for any toss 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 i
<br />expanses which may be associated therewith. In addition, Trustee may become a purchaser at Tny safe of the Property Oudiclst or
<br />under the power of sale granted herein); postpone the sale of all or any portion of the Property, as provided by law; or sell the
<br />Properly as a whole, or in separate parcels or lots at Trustee's discretion.
<br />1e. fees and 9"ollaae. In this event Trustee sells the Property by exercise of power of sale, Trustee shall be entitled to apply
<br />any "IS Proceeds first to payment of all costs and expenses of exercising power of sale, including all Trustee's fees, and Lender's
<br />and Trustee's attorney's tees, actually incurred to extent permuted by applicable law. In the event Borrower or Trustor exercisesany
<br />right provided by law to Cure an Event at Defauit. Lender shall be entitled to recover from Trustor all costs and expenses actually
<br />incurred as a result of Truslor's default, including without limitation ail Trustees and attorney's fees, to the extent permitted by
<br />aPPlicabie law.
<br />15 Future AdvancM, Upon request of Borrower. Lender may at Its option, make additional and future advances and re- �
<br />advances to But tower Such ad4ancesand readvences, with interest merean. Shali to secured by ,his Coed of Trust Atno bmeahab �
<br />Me principal amount of the indebtedness secured by this Deed of Trust, not includirill Sun:sadva"cod to protect tho security of Iry is
<br />Dsed of Trust exceed the original principal amou"I stated frorein or S 10.QnQ -0Q _ _ . wh ctievet is greater
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