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1' -:r• . _ :•eta * =.;,'' a •'tit. I.Sj,• ,1i e� 90--r 107136 the Property III so taken or damaged, Lender shall have the option, in its sole and absolute discretion, to apply all such Proceeds,�l and expenses Inouned by It in connection with such Proceeds, upon any Indebtadness secured after deducting therefrom all costs hereby and In such order as Lender may determine, or to apply all such Proceeds, after Such deductions, to the reslorallon of the Property upon such conditions as Lender may determine. Any application of Proceeds to indebtedness shall not extend or postpone Note, or cure any default thereunder or hereunder. Any unapplied funds shall be pall to the due date of any payments under the Trustor. a. Palrformanfre by Lender. Upon the occurrence of an Event of Default hereunder, or if any act Is taken or legal proceeding commenced which materially affects Lender's interest in the Property. Lender may In its own discretion, but without obligation to do Trustor and without releasing Trustor from any obligation, do any act which Trustor has so, and without notice to or demand upon agreed but falls 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 connection with together with interest thereon at the default rate provided in the Note, wh ich shelf be �•- the exercise by Lender of the foregoing rights, 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 referred to herein as "Environmental Lawel. Trustor shag - — retelling to Industrial hygiene or envkonmental protection (collectively keep the property free from all substances deemed to be hazardous or toxic under any Environmental Laws (collectively fefefred to represents to Lender that there are no Hazardous bhterials 00 or herein as -Hazardous Materials'). Trustor hereby warrants and the Property- Trustor hereby agrees to indemnity and hold harmless Lender, its directors, officers, employees and agents, And =__ -- under any successars to Lender's interest, from and against any and all claims, damages, losses and liabilities arising in connection with Materials on, under, from or about the Property. THE FOREGOING �= - the presence, use, disposal or transport of any Hazardous WARRANTIES AND REPRESENTATIONS, AND TRUSTOR'S OBLIGATIONS PURSUANT TO THE FOREGOING INDEMNITY, SHALL SURVIVE RECONVEYANCE OF THIS DEED OF TRUST. 10. Assignment of Rents. Trustor hereby assigns to Lender the (onto, issues and profits at the Property; provided trial Trustor shall, until the occurrence of an Event of Default hereunder, have the right to collect and relate such rents, issues and profits as they Event of Default, Lender may, either rn pe *son or by agent, wrilt or without _.�..�- become due and payable. Upon the occurrence of an bringing any action or proceeding, or by a receiver appointed by a court and without regarc to V e V2fi- uacy of its security, enter Property. any thereof, in its own name or in the name of the Trustee. and do any acts whicih h upon and take possession of the or part deems necessary or desirable to preserve the value, marketability or rentability of the Prcieerty, or any part thereof or interest therein, Increase the income therefrom or protect the security hereof and, with or without taking possession of the Property, sue far or thereof, Including those past due and unpaid, and apply the same, less costs and otherwise collect the rents, issues and profits expenses of operation and collection including attorneys' fees, upon any In ,e,ctedness secured hereby, all in such order as Lender _ _+ may determine. The entering upon and taking possession of the Property, the collection of such rents, issues and profits and the shall not cure or waive any default or notice of default hereunder or invalidate any act done h qty application thereof as aforesaid, response to such default or pursuant to such notice of default and, notwithstanding the continuance in possession of the Property or issues or and Trustee and Lender shall be entitled to exercise every right the collection, receipt and Application of rents, profits, provided for it any of the Loan Instruments or by raw upon occurrence of env Event of Default, including without limitation the right to exercise the power of sale. Further. Lender's rights and remedies and et this paragraph shall be cumulative with, and in no way a any assignment of leases and rents recorded againstthe Property. Lender, Trustee limitation on, Lender's rights and remedies under 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 this Deed of Trust Installment of principal or Interest of any other sum secured hereby when due; 't @•w•- �t (a) Failure to pay any (b) A breach of or default under any provision contained In the Note, this Deed of Trust, any of the Loan Instruments, or any — other lien or encumbrance upon the Property; (c) A writ of execution or attachment or any similar process s'a" be entered against Trustor which shall become a lien cr 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 deb "ors: or there shall be appointed any trustee, liquidator of Trustor or Borrower or of all or any part of the Property. or the rents, issues or profits thereof, or Trustor r receiver or or Borrower shall make any general assignment 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 that Truster shall be ' I Property, either voluntarily or involuntarily, without the express written consent of Lender, provided does an option to purchase and the term of which does not exceed .,_ permitted to execute a lease of the Property that not contain r;- �S ,.'• one year, (Q Abandonment of the Property; or (g) If Trustor is not an individual, the issuance. sale, transfer, assignment, conveyance or encumbrance of more than a total, of percent of (if a corporation) its issued and outstanding stock or (if a partnership) a total of percent of --- partnership Interests during the 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 a s required by e..1 :...... law, declare all Indebtedness secured hereby to be due and payable and the same shall thereupon become due and payable without any presentment, demand, protest or notice of any kind. Thereafter Lender may: (a) Demand that Trustee exercise the POWER OF SALE granted herein, and Trustee shall thereafter cause Truster's interest In the Property to be sold and the proceeds to be distributed. all in the manner provided In the Nebraska Trust Deeds Act (b) Exercise any and all rights provided for in any of the Loan Instruments or by law upon occurrence of any Event of Defau;t and (c) Commence an action to foreclose this Dena cf Trust as a mortgage, appon; a receiver. or specifically enforce any of the covenants hereof. No remedy therein conferred upon or res•e•ved to Trustee or Lender is intended to be exclusive of any other remedy herein. In the be in add .. or tc every other remedy given Loan Instruments or by law provided or permitted, but each shall be cumulative, shall hereunder, In the Loar, Inst ,:menus or now or hereafter existing at law or in equity or by statute. and rap ire exercised concurrently, independently or successively. 13. Trustee. The Trustee may resign at any t,rre +nthout cause, and Lender may at any time and wit( c,.t cause appoint a limitation Lender. Borrower, Trustor or any successor OT auastilule Trustee. Trustee shall not be Gabie to any party. including without c" t "e Property, for any loss or car-age unless due to reck;ess or willful misconduct, and shall not be required to take any purchaser action in ccnneclion with the enforcement of this Deed of Trust ur:ess indemnified. in writing. "cr all Costs, compensation or may to associated therewith. In addit:cn• Trustee may become a purchaser at a',. sate of the Property (judicial or . expenses which .......4mA by low- nr pall the under the power of sale g*anted herein) postpone the saie of au yr ally Pull —, 3 t•.a •�.F••r' �� F• -••- -- -• ,.. •, :,•. Property as a whole. c° ,r• separate parcels or lots at Trustee's discretion. 14- Fags and Expenses. In the event Trustee sells the Property by exercise of rower of sale. Trustee shall be entitled to apply any sale proceeds first to payment of all costs and expenses of exercising power or sa,e. including all Trustee's fees. and Lender's Trustee's attorney's fees, actually incurred to extent permitted ty applicable law. in the event Borrower or Trustor exercises any and right provided by law to cure an Event of Default. Lender shalt be erli:fed to recover from Trustar all costs and expenses actually limitation Trustee's and attorneys fees. to the extent permitted by , incurred as a result of Trusters default. including without all applicable law 15. Fulling Advances. Upon request of Borrower. Lender may a' its cation. make additional and future advances and re- with interest thereon, shalt be secured by tins Deed of Trust. At no time shall advances to Borrower. Such advances and readvances. the principal amount of the Indebtedness secured by this Deed of T* st. rot including sums advanced to protect the security of this Deed of Trust exceed the original principal amount stated herein. Or S whichever is greater..