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<br />9. Hazardous Materials. Trustor 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"). Trustor shall
<br />keep the Property free from all substances deemed to be hazardous or toxic under any Environmental Laws (collectively referred
<br />to herein as "Hazardous Materials"). Trustor hereby warrants and represents to Lender that there are no Hazardous Materials
<br />on or under the Property. Trustor hereby agrees to indemnify and hold harmless Lender, its directors, officers, employees and
<br />agents, and any successors to Lender's interest, from and against any and all claims, damages, losses and liabilities arising in
<br />connection with the presence, use, disposal or transport of any Hazardous Materials on, under, from or about the Property. THE
<br />FOREGOING WARRANTIES AND REPRESENTATIONS, AND TRUSTOR'S OBLIGATIONS PURSUANT TO THE FORE-
<br />GOING INDEMNITY, SHALL SURVIVE RECONVEYANCE OF THIS DEED OF TRUST.
<br />10. Assignment of Rents. Trustor hereby assigns to Lender, and grants Lender a security interest in, all present, future
<br />and after -arising rents, issues and profits of the Property; provided that Trustor shall, until the occurrence of an Event of Default
<br />hereunder, have the right to collect and retain such rents, issues and profits as they become due and payable. Upon the
<br />occurrence of an Event of Default, Lender may, either in person or by agent, with or without bringing any action or proceeding,
<br />or by a receiver appointed by a court and without regard to the adequacy of its security, enter upon and take possession of the
<br />Property, or any part thereof, in its own name or in the name of the Trustee, and do an acts which it deems necessary or
<br />desirable to preserve the value, marketability or rentability of the Property, or any part thereof or interest therein, or to increase
<br />the income therefrom or protect the security hereof and, with or without taking possession of the Property, sue for or otherwise
<br />collect the rents, issues and profits thereof, including those past due and unpaid, by notifying tenants to make payments to
<br />Lender. Lender may apply rents, issues and profits, less costs and expenses of operation and collection including attorneys' fees,
<br />to any indebtedness secured hereby, all in such order as Lender may determine. The entering upon and taking possession of
<br />the Property, the collection of such rents, issues and profits, and the application thereof as aforesaid, shall not cure or waive any
<br />default or notice of default hereunder or invalidate any act done in response to such default or pursuant to such notice of default
<br />and, notwithstanding the continuance in possession of the Property or the collection, receipt and application of rents, issues or
<br />profits, Trustee and Lender shall be entitled to exercise every right provided for in any of the Loan Instruments or by law upon
<br />occurrence of any Event of Default, including without limitation the right to exercise the power of sale. Further, Lender's rights
<br />and remedies under this paragraph shall be cumulative with, and in no way a limitation on, Lender's rights and remedies under
<br />any assignment of leases and rents recorded against the Property. Lender, Trustee and the receiver shall be liable to account
<br />only for those rents actually received.
<br />11. Events of Default. 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
<br />any other lien or encumbrance upon the Property;
<br />(c) A writ of execution or attachment or any similar process shall be entered against Trustor which shall become a lien on
<br />the Property or any portion thereof or interest therein;
<br />(d) There shall be filed by or against Trustor or Borrower an action under any present or future federal, state or other statute,
<br />law or regulation relating to bankruptcy, insolvency or other relief for debtors; or there shall be appointed any trustee,
<br />receiver or liquidator of Trustor or Borrower or of all or any part of the Property, or the rents, issues or profits thereof, or
<br />Trustor or Borrower shall make any general assignment for the benefit of creditors;
<br />(e) The sale, transfer, lease, assignment, conveyance or further encumbrance of all or any part of or any interest in the
<br />Property, either voluntarily or involuntarily, without the express written consent of Lender; provided that Trustor shall be
<br />permitted to execute a lease of the Property that does not contain an option to purchase and the term of which does not
<br />exceed one year;
<br />(f) Abandonment of the Property;
<br />(g) If Trustor is not an individual, the issuance, sale, transfer, assignment, conveyance or encumbrance of more than (if a
<br />corporation) a total of N/A percent of its issued and outstanding stock, or (if a partnership) a total of N/A percent of
<br />partnership interests, or (if a limited liability company) a total of N/A percent of the limited liability company interests or voting
<br />rights during the period this Deed of Trust remains a lien on the Property; or
<br />(h) If the obligation secured hereby is guaranteed in whole or in part by the Farm Service Agency, Borrower further agrees
<br />that the loan(s) secured by this instrument will be in default as follows: "Default shall also exist if any loan proceeds are used for
<br />a purpose that will contribute to excessive erosion of highly erodible land or to the conversion of wetland to produce or to
<br />make possible the production of an agricultural commodity, as provided by 7 CFR Part 12."
<br />12. Remedies; Acceleration Upon Default. In the event of any Event of Default Lender may, without notice except as
<br />required by law, declare all indebtedness secured hereby to be due and payable and the same shall thereupon become due
<br />and payable without any presentment, demand, protest or notice of any kind. Thereafter Lender may:
<br />(a) Demand that Trustee exercise the POWER OF SALE granted herein, and Trustee shall thereafter cause Trustor's interest
<br />in the Property to be sold and the proceeds to be distributed, all in the manner provided in the Nebraska Trust Deeds Act;
<br />(b) Exercise any and all rights provided for in any of the Loan Instruments or by law upon occurrence of any Event of
<br />Default; and
<br />(c) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the
<br />covenants hereof. No remedy herein conferred upon or reserved to Trustee or Lender is intended to be exclusive of any other
<br />remedy herein, in the Loan Instruments or by law provided or permitted, but each shall be cumulative, shall be in addition to
<br />every other remedy given hereunder, in the Loan Instruments or now or hereafter existing at law or in equity or by statute, and
<br />may be exercised concurrently independently or successively.
<br />13. Trustee. 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 shall not be liable to any party, including without limitation Lender, Borrower, Trustor or
<br />any purchaser of the Property, for any loss or damage unless due to reckless or willful misconduct, and shall not be required to
<br />take any action in connection with the enforcement of this Deed of Trust unless indemnified, in writing, for all costs, compensation
<br />or expenses which may be associated therewith. In addition, Trustee may become a purchaser at any sale of the Property
<br />(judicial or under the power of sale granted herein); postpone the sale of all or any portion of the Property, as provided by law; or
<br />sell the Property as a whole, or in separate parcels or lots at Trustee's discretion.
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