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h 90-106965 the property Is so taken or damaged. Lender shall have this option, In Its cola and absolute discretion, to apply all such Proceeds, after deducting therefrom all costs and expenses Incurred by it In connection with such Proceeds, upon any indebtedness secured hereby and In such order as Lender may determine, or to apply all such Proceeds, after such deductions, to the restoration of the Property upon such conditions as tender may determine. Any application of Proceeds to indebtedness shall not extend or postpone the due date of any payments under the Note, or cure any default thereunder or hereunder. Any unapplied fill shall be paid to Trustor. 8, Performance by Lender. Upon the occurrence of an Event of Default hereunder, or if any act Is taken or legal proceeding commenced which materially affect& Lender's Interest in the Property. Lender may in its own discretion, but without obligation to do so, and without notice to or demand upon Trustor and without releasing Trustor from any obligation, do any act which Trustor has agreed but fails to do and may also do any other act it deems necessary to protect the security hereof. Trustor shall, immedlately upon demand therefor by Lender, pay to Lender all costs and expenses incurred and sums expended by Lender In connection with the exercise by Lender of the foregoing rights, together with Interest thereon at the default rate provided In the Note, which shall be added to the indebtedness secured hereby. Lender shall not Incur any liability because of anything it may do or omit to do hereunder. 9, Hazardous Materials. Trustor shall keep the Property in compliance with all applicable laws, ordinances and regulations relating to Industrial hygiene or environmental protection (collectively referred to herein as "Environmental Laws'). Trustor shall keep the Property free from all substances deemed to be hazardous or toxic under any Environmental laws (collectively rotwred 10 herein as "Hazardous Materials'). Trustor hereby warrants and represents to Lender that there are no Hazardous Materials on or under the Property. Trustor hereby agrees to indemnity and hold harmless lender, its directors, officers, employees and agents. and any successors to Lender's interest, from and against any and all claims, damages. losses and liabilities arising on with the presence, use, disposal or transport of any Hazardous Materials on, under, from or about the Property. THE FOREGOING WARRANTIES AND REPRESENTATIONS, AND TRUSTOWS OBLIGATIONS PURSUANT TO THE FOREGOIN13 INDEMNITY, SHALL SURVIVE RECONVEYANCE OF THIS DEED OF TRUST. 10. Assignment of Rents. Trustor hereby assigns to Lender the rents. issues and profits of the Property; provided that Trustor shall, until the occurrence of an Event of Default hereuriderr. gave the right to collect and retain such rents, issues and profits as they become due and payable. Upon the occurrence of an Eaenl A Default, Lender may. either in person or by agent, with or without bringing any action or proceeding, or by a receiver appolnted by a court and without regard to the adequacy of Its security, enter upon and take possession of the Property, or any part therecl. m its own name or in the name of the Trustee, and do anti sits which It deems necessary or desirable to preserve the value, marketatritity, or rentablOW of the Property. or any part thereof or fnler'est therein. Increase the income therefrom or protect the security hereof and, with cr without taking possession of the Property, sue for or otherwise collect the rents. Issues and profits thereof, including those pas: due and unpaid, and apply the same. less costs and expenses of operation and collection including attorneys' fees, upon any indebtedness secured hereby, all in such order as Lender may determine. The entering upon and taking possession of tote Property, the collection of such rents, issues and pv-o9,ts and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate sny act done in response to such default or pursuantto such notice of default and, notwithstanding the continuance in possession of the Property Or the cvllaction, rouipt and application of rents, issues or p►nfitx, and Trustee and Lender shall be entitled to exercise every right provided for in any of the Loan Instruments or by law upon occurrence of any Event of Default including without limitation the rigor to exercise the power of sale. Further, Lender's rights and remedies under this paragraph shall be cum;,lative with, and in no way a limitation on, Lender's rights and remedies under any assignment of leases and rents recorded against the Property. Lender, Trustee and the receiver shall be liable to account only for those rents actually received. 11. Events of Default. The following shall constitute an Event of Default under th s 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 %nte, this Deed of Trust, any of the Loan Instruments. or any other lien or encumbrance upon the Property; (e) A writ of execution or attachment or any similar process shat, ve entered against Trustor which shall become a lien on the Property or any portion thereof Or interest therein: (d) There shall be filed by or against Trustor or Borrower an action under any present or future federal, state or other statute, law or regulation relating to bankruptcy. Insolvency or other relief for debtors; or there shall be appointed any trustee, receiver or liquidator of Trustor or Borrower or of all or any part of the Property, or the rents. Issues or profits thereof, or Trustor or Borrower shall make any general ass:gnment for the benefit of creditors; (e) The sale, transfer. lease, assignment, conveyance or further encumbrance of all or any part of or any interest in the Property, either voluntar, i or Involuntarily, without the express written consent of Lender; provided that Tr ,_;tor shall be permitted to execute a lease of the Property that does rot contain an option to purchase and the term of which does not exceed one year (f) Abandonment of the Property; or (g) If Trustor Is not an individual, the issuance, sale, transfer, assignrienl. conveyance or encumbrance of more than a total of percent 0 (' n corporation) Its issued and outstanding stock or lit a partnership) a total of percent of partnership interests dur:gg itie period this Deed of Trust remains a lien on the Property. 12. Remedies; Acceleration Upon Default. In the event of any Event of Default Lender may, without notice except as required by law, declare all Indebtedness secured heresy to be due and payable and the same shall thereupon become due and payable without any presentment demand• protest or n otice of any kind. Thereafter Lender may: (a) Demand that Trustee exercise c e POWER OF SALE granted herein, and Trustee sha:l t^Oreaher cause TtUBtD'r's Interest in the Property to be sold and lne proceeds to to distributed, all in the manner provided in the Nebraska Trust Deeds Act; (b) Exercise any and all rights provided for I^ a^; of the Loan Instruments or by law upuq occurrence of any Event of Default; ar:x (c) Cz r- ,mence an action to forecrose this Deed of Trust as a mortgage. appoint a receiver, or specifically enforce any of the covenants r weof. No remedy herein conferred upon or reserved to Trustee or Lender is intendod to be exclusive of any other remedy herein, in the Loan Instruments or by law cr•-:i wed or permitted. but each shall be cumulative, Shan be in addition to every other remedy given hereunder, in the Loan Instrurre:-l:sor now or hereafter uft s: mg at taw or in equity or Ioy statute. and may be exercised concurrently. Independently or successively 13. Those. The Trustee may resign Zr' w:, time without cause. and Lender may at any tine and without cause appoint a successor orsubstitutetrusree rr„stee -w4- •, ;tre1aoifeto any pdrry e-ciLidinit without i,m.t.it,r^ _.• aer Borrower 7ristr-: #ary purchaser othee Property for any toss or naerage:,nless r7.e to reckless or wnifut misconduct. and sra,i not be required to tateeany action in connection wit" the er,'orr P`n enr of tits Deed of Trust unless Indemnified, in writing, for all costs. compensation or ..r ,h v ..,...r, , .A,r• al �r expenses which may be aSWCiated therew,m in addinon, i rusiee may oecome a pu,e,i,n6fii of a,--, �= �, • - =- -`- 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 Property as a whole. or In separate parcels or lots at Trustees discretion 14 Fees 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 a,, rrustee's fees. 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 snail be entitled to fecove, n•em rustor all costs and expenses actually incurred as a result of Truator's default, including without limitation all Trustee's and attorney s tees, to the extent permitted by applicable law 15. Future Advances. Upon request of Borrower, Lender may. at its option, make additional and future advances and is advances to Borrower. Such advances and feadvances, with interest thereon. shall be secured by this Deed of Trust. At no time shall the principal amount Of 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 herein. or ___ whichever is greater. J -� 1:, : I. tit, ?h6_: „ - it -.�•, , ` star•_. , li t lFti! ,ti ?��tie. `f - •'';' .. � .fit 90-106965 the property Is so taken or damaged. Lender shall have this option, In Its cola and absolute discretion, to apply all such Proceeds, after deducting therefrom all costs and expenses Incurred by it In connection with such Proceeds, upon any indebtedness secured hereby and In such order as Lender may determine, or to apply all such Proceeds, after such deductions, to the restoration of the Property upon such conditions as tender may determine. Any application of Proceeds to indebtedness shall not extend or postpone the due date of any payments under the Note, or cure any default thereunder or hereunder. Any unapplied fill shall be paid to Trustor. 8, Performance by Lender. Upon the occurrence of an Event of Default hereunder, or if any act Is taken or legal proceeding commenced which materially affect& Lender's Interest in the Property. Lender may in its own discretion, but without obligation to do so, and without notice to or demand upon Trustor and without releasing Trustor from any obligation, do any act which Trustor has agreed but fails to do and may also do any other act it deems necessary to protect the security hereof. Trustor shall, immedlately upon demand therefor by Lender, pay to Lender all costs and expenses incurred and sums expended by Lender In connection with the exercise by Lender of the foregoing rights, together with Interest thereon at the default rate provided In the Note, which shall be added to the indebtedness secured hereby. Lender shall not Incur any liability because of anything it may do or omit to do hereunder. 9, Hazardous Materials. Trustor shall keep the Property in compliance with all applicable laws, ordinances and regulations relating to Industrial hygiene or environmental protection (collectively referred to herein as "Environmental Laws'). Trustor shall keep the Property free from all substances deemed to be hazardous or toxic under any Environmental laws (collectively rotwred 10 herein as "Hazardous Materials'). Trustor hereby warrants and represents to Lender that there are no Hazardous Materials on or under the Property. Trustor hereby agrees to indemnity and hold harmless lender, its directors, officers, employees and agents. and any successors to Lender's interest, from and against any and all claims, damages. losses and liabilities arising on with the presence, use, disposal or transport of any Hazardous Materials on, under, from or about the Property. THE FOREGOING WARRANTIES AND REPRESENTATIONS, AND TRUSTOWS OBLIGATIONS PURSUANT TO THE FOREGOIN13 INDEMNITY, SHALL SURVIVE RECONVEYANCE OF THIS DEED OF TRUST. 10. Assignment of Rents. Trustor hereby assigns to Lender the rents. issues and profits of the Property; provided that Trustor shall, until the occurrence of an Event of Default hereuriderr. gave the right to collect and retain such rents, issues and profits as they become due and payable. Upon the occurrence of an Eaenl A Default, Lender may. either in person or by agent, with or without bringing any action or proceeding, or by a receiver appolnted by a court and without regard to the adequacy of Its security, enter upon and take possession of the Property, or any part therecl. m its own name or in the name of the Trustee, and do anti sits which It deems necessary or desirable to preserve the value, marketatritity, or rentablOW of the Property. or any part thereof or fnler'est therein. Increase the income therefrom or protect the security hereof and, with cr without taking possession of the Property, sue for or otherwise collect the rents. Issues and profits thereof, including those pas: due and unpaid, and apply the same. less costs and expenses of operation and collection including attorneys' fees, upon any indebtedness secured hereby, all in such order as Lender may determine. The entering upon and taking possession of tote Property, the collection of such rents, issues and pv-o9,ts and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate sny act done in response to such default or pursuantto such notice of default and, notwithstanding the continuance in possession of the Property Or the cvllaction, rouipt and application of rents, issues or p►nfitx, and Trustee and Lender shall be entitled to exercise every right provided for in any of the Loan Instruments or by law upon occurrence of any Event of Default including without limitation the rigor to exercise the power of sale. Further, Lender's rights and remedies under this paragraph shall be cum;,lative with, and in no way a limitation on, Lender's rights and remedies under any assignment of leases and rents recorded against the Property. Lender, Trustee and the receiver shall be liable to account only for those rents actually received. 11. Events of Default. The following shall constitute an Event of Default under th s 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 %nte, this Deed of Trust, any of the Loan Instruments. or any other lien or encumbrance upon the Property; (e) A writ of execution or attachment or any similar process shat, ve entered against Trustor which shall become a lien on the Property or any portion thereof Or interest therein: (d) There shall be filed by or against Trustor or Borrower an action under any present or future federal, state or other statute, law or regulation relating to bankruptcy. Insolvency or other relief for debtors; or there shall be appointed any trustee, receiver or liquidator of Trustor or Borrower or of all or any part of the Property, or the rents. Issues or profits thereof, or Trustor or Borrower shall make any general ass:gnment for the benefit of creditors; (e) The sale, transfer. lease, assignment, conveyance or further encumbrance of all or any part of or any interest in the Property, either voluntar, i or Involuntarily, without the express written consent of Lender; provided that Tr ,_;tor shall be permitted to execute a lease of the Property that does rot contain an option to purchase and the term of which does not exceed one year (f) Abandonment of the Property; or (g) If Trustor Is not an individual, the issuance, sale, transfer, assignrienl. conveyance or encumbrance of more than a total of percent 0 (' n corporation) Its issued and outstanding stock or lit a partnership) a total of percent of partnership interests dur:gg itie period this Deed of Trust remains a lien on the Property. 12. Remedies; Acceleration Upon Default. In the event of any Event of Default Lender may, without notice except as required by law, declare all Indebtedness secured heresy to be due and payable and the same shall thereupon become due and payable without any presentment demand• protest or n otice of any kind. Thereafter Lender may: (a) Demand that Trustee exercise c e POWER OF SALE granted herein, and Trustee sha:l t^Oreaher cause TtUBtD'r's Interest in the Property to be sold and lne proceeds to to distributed, all in the manner provided in the Nebraska Trust Deeds Act; (b) Exercise any and all rights provided for I^ a^; of the Loan Instruments or by law upuq occurrence of any Event of Default; ar:x (c) Cz r- ,mence an action to forecrose this Deed of Trust as a mortgage. appoint a receiver, or specifically enforce any of the covenants r weof. No remedy herein conferred upon or reserved to Trustee or Lender is intendod to be exclusive of any other remedy herein, in the Loan Instruments or by law cr•-:i wed or permitted. but each shall be cumulative, Shan be in addition to every other remedy given hereunder, in the Loan Instrurre:-l:sor now or hereafter uft s: mg at taw or in equity or Ioy statute. and may be exercised concurrently. Independently or successively 13. Those. The Trustee may resign Zr' w:, time without cause. and Lender may at any tine and without cause appoint a successor orsubstitutetrusree rr„stee -w4- •, ;tre1aoifeto any pdrry e-ciLidinit without i,m.t.it,r^ _.• aer Borrower 7ristr-: #ary purchaser othee Property for any toss or naerage:,nless r7.e to reckless or wnifut misconduct. and sra,i not be required to tateeany action in connection wit" the er,'orr P`n enr of tits Deed of Trust unless Indemnified, in writing, for all costs. compensation or ..r ,h v ..,...r, , .A,r• al �r expenses which may be aSWCiated therew,m in addinon, i rusiee may oecome a pu,e,i,n6fii of a,--, �= �, • - =- -`- 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 Property as a whole. or In separate parcels or lots at Trustees discretion 14 Fees 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 a,, rrustee's fees. 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 snail be entitled to fecove, n•em rustor all costs and expenses actually incurred as a result of Truator's default, including without limitation all Trustee's and attorney s tees, to the extent permitted by applicable law 15. Future Advances. Upon request of Borrower, Lender may. at its option, make additional and future advances and is advances to Borrower. Such advances and feadvances, with interest thereon. shall be secured by this Deed of Trust. At no time shall the principal amount Of 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 herein. or ___ whichever is greater. J -� 1:, : I. tit, ?h6_: „ - it -.�•, ` star•_. ,