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89- 105442 the Property Is so taken or damaged, lender shall, have the option, in its sole and absolute discretion to apply alt such Procsido afl it deducting therefrom all cosh and expens" incurred by it in connection with such Proceeds, upon any indebudnees securedi hereby and in such order as LwxW may determine, or to apply all such Proceeds, after such deductions, to the reabration of the Property upon such conditions as Lander may determine. Any application of Proceeds to IndeDledness shad not exW4 or poetpons the due dale of any payments under Me Note, or.cure any default thereunder or hereunder. Any unapplisd funds shah be paid to Trusbr. & P l in i m Pe by Lander. Upon the occurrence of an Event of Default ttereund r. or if any act Is taken Or legal proceeding CCMmeMCW I~rsk Ali;_ ��! t 'a �•••• +lr3thePropxlv„L .sirs- ns:ysn #t± rs'i ;; wither ..dabl6patlontadv -- — ao, end withOut.notks to or demand upon Truster and without releasing Trustor from any obligsfiort, do any act which Tnm or has agreed but fails to do and may also do any other act it deems necessary to protect the security hereof. Trustor shall, immediately upon demand therefor by Lender. pay to Lender all costs and expenses incurred and sums expended by Lender in connedtiprl.with ft exeraiea by Lender der of the f6reg6ing rights, together with interest thereon at the default rate provided in the Node: wMtA sW be added -to the IrxkbWxkms secured hereby. Lender shall not incur any liability because of anything it may dd•:i�,{0 rim to 00'.;.;_,, hereunder. <:;,• 9. "aawdors Maledids. Truster snail keep the Property in compliance with all applicable laws, ordha -ces and regulatlons relating to industrial hygiene or environmental protection (collectively referred to herein as "Environm6r 4Aaws'_j Tripstor "I! ' kew the Property free from all substances deemed to be hazardous or toxic under any Environmental La j'(bolieetiVet , sMrrati to tWoln as "Hazardous Materials!). Truster hereby warrants and represents to Lender that there are no Hazardous i*(? Is on or uoder the Property. Trustor hereby agrees to indemnify and hold harmless Lender, its directors, officers, employees anc6s -,ts, slid: ; 54-successors to Lender's r%rest, from and against any and all claims, damages, losses,M4liabilities arising In ccnn�on whir; •:; ::.? ' riu i,oress M use. dispot� h► transport of any Hazardous Materials on, undo _from or gli pt the Property. THE FOR�iti011ii '! 1P1�1i'tRRANTIES AND REPR f"NTA7I tV%AND TRi;,IST0WS 0BLIGATIONS PtMUANTTCkT�ZFOREGOIN(31NDEMNI",K.-S p 4 AL .'�eAVIVE RECONVEYANCE t3F THIS 1110JO OF TRUST: 10. Ael ilii lMit of Rettb. Trustot'00r*by assigns to Lender the,rents, issues and profits of the Property; provided: that Truster shall, until Meoeeurreneeofen Event ofVollui t hereunder. have % gottocollectandretainsuchrents ,issuesandprafiisastheyx. °,'. l ooms due and payabiG.14pon the occurrence of an Event of ��- �tiuit, Lender may, either in person or by agent with' or withobi 2rreitjing any action or pradsading, or by a receiverCr.?ytted bye court and without regard to the adequacy of its security. enter: :`: upibri and fake posssssior 0 the Property, or any parl'^aN;aof; in its -nw'n name orin the name ofthe Trustee, and do any satls which It" deems necessreq,or desirable to preserve the value, msrketabilirf v.- Mntability of the Property, or any part thereof or inter. am therein, increase the' i4%.come therefrom or protect the security hereof and, with or without taking possession of the Proper yi. true for or otherwise collect the rents, issues and profits thereof.., cluding those past due and unpaid, and apply the same. Tess costs arut elxpenses of operation and>krllection including attorg!�' fees, upon any indebtedness secured hereby, all In euch order as Lendee +ray determine. Ths enter tog upon and taking possess :�.?m of the Property, the collection of such rents, iswes and profits and ft' ' aiprQlicafion thereof as aftf aid. shall not cure or vraia any default or notice of default hereunder or invalidate any act done iii spouse to such default or purouantto S�r;h notice of default and, notwithstanding the continurnsre in possession of the Ftoperty or • . the collection, receipt and application ds itahts, issues or profits, and Trustee and Lender stW1 be entitled to exercise every right provided for in any of the Loan Instrument or by law upon occurrence of any Event of Default; including without limitation the right t0 exercise the power of Gate. Further. Lender's rights and remedies under this paragraph shalt be cumulative with, and in no ways limitation on, Lender's rights and remedies under any assignment of teases and rents recorded against the Property. Lender, Trustee and the receiver shalt be liable to accoum only for those rents aMally received. 11. Everts of Default. The followlmj sttall constitute an Event ui Default under this Deed of Trust (a) Failure to pay any installment of principal or Interest of any other sum secured hereby when due: (b) A breach of or default under any provision contained in the Note, this Deed of Trust, any of the Loan instruments, or any offter lien or encumbrance upon the Property; (c) A writ of execu or aT araVirlont or any similar process shall be entered against Trustor which shall become a lien on the Property or any interest therein; (d) There shall be filed Cy o, ;3g;»st Truster or Borrovicr. an action under any present or future federal, state or other . stature, law or regulation relating td bankruptcy, Insolvency or other relief for debtors; or there shall be appointed any trusted receiver or liquidator cf Thistor or Borrower or Wali.. or any part 01 the Property, or the rents, Issues or profits thereof, or Trustor or-Borrower shall m"ar..y generdl assignment for the benefit of creditors; (e) The sate, tram*. tease, assignment, conveyance or further encumbrance of all or any part of or any ir. e!est in the Property. either voluntarily or Involuntarily, without the express written consent of Lender, provided that Trus ur •shall be permitted to execute a lease of the Property that does not contain an option to purchase and the term of which dOs$.r7et exceed one year; (f) Abandonment of the Property; or (g) if Truster is not air individual, the issuance, sale, transfer, assignment conveyance or encumbrance of more than a total of percent of (if a corpef- 010r.) its Issued and outstanding stock or (if a padneiVnip) a total of percent of partnership interests during the peri d this Deed of Trust remains a lien on the Property. `j. 12. Remedies; AccalwaMon Upon Doke. In the event of any Event of Default Lender may. without not: re except as required by law, declare all indebtedness secured hereby to be due and payable and the some shall thereupon btcr,:":te due and payable i without any presentment, demand, protest or notice of any kind.- Thereafter Lender may: (a) Demand that i"nrstee exercise the POWER OF SALE granted herein, and Trustee shall thereafter catne Truster's :•;;: interest igihe Propeny to be sold aind the proceeds to be dtrilributed, all in the manner provided in the Nebraska Trust Deeds s Act (b) Etercise any and all rights provided for its any of the Loan Instruments or by law upon oc+ajrrence of any Event. of Default: and (c) Commence drt notion to foreclose this 0 -gent of Trust asa mortgage, appoint receiver, or specifically enforce any of ti;e covenapts hereof. No remedy herein conferred upon or raftaived to Trustee or Lender is intended to be exclusive of any other remedy herein, in the Loan Instruments or by law provided or permitted, but each shall be cumulative, shall be in addition to every other remedy given. . hereunder. In the Loan Instruments or now or hereaffee existing at law or in equity or by statute, and may be exercised concurrently, independently, or successively. 13. Trwilee. The Trustee may resign at any time without cause, and Lender may at any time and without cause appoint a successor or substitute Trustee. Trusise shall not be liable to any party, including without limitation Lender. Borrower. Trustor or any purchaser of the Property for any loss or damage union 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 untess indemnified, in writing, for ail costs, compensation or expenses which may be associated therewith. In addition, Trustee may become a purchaser at any sale of the Property Qudiclal car 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 trfiVuriy as of rrhOW,, or in wp parcels or tots at Trustee's discretion. 14. Fen and Expenses, In Me event Trustee setts the Properly 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 sale, including all Trustee's fees, and Lenderb and Trustee's attorney's fees. ectually incurred to extent permitted by applicable law. In the event Borrower or Truster exercises any right provided by law to cure an Event of Default, Lender shall be entitled to recover from Trustbt all costs and expenses actually Incurred as a result of Trustees default, including without limitation all Trustee's and attorney's fees, to the extent permitted by applicable law - 15 FuNwo Advances. Upon request of Borrower. Lender may. at its option, make additional and future advances and re- advances to Borrower. Such advancesand readvances, with interest thereon, shall be secured by this treed of Trust At no time shall the principal arrmountof the indebtedness secured by this Deed of Trust not including sums advanced to protect the security of this Deed of Trust exceed the original principal amount stated harem• or s..10,0121LJUQ _ . whichever is greater rw . T 1.