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A 911'100002. the Property is so taken or damaged, Lender Shall have the option, in its sole and absolute discretion, to apply all such Proceeds. after deducting therefrom all costs and expenses incurred by it inlos connection with such P 4fflWl. p any secured hereby and in such order In Lender may determine, or to app after deductions. to dw Property upon such conditions as Lender may determine. Any application of Proceeds to indebtedness shall not extend Of postpone the due data of any payments under the Note, or cut* any default thereunder or hereunder. Any unapplied funds shall be paid to Trustee• Upon the oceurrenca of an Event of Duloult hereunder, or If any act is taken or legal proceed 8. pced which at Lender. p commenced which maUlrlally a11ecW Lender's interest in the PropeAy. Lender may In Its own disariadort, but without obligation to do so, and without nodes to or demand upon Trustor and without releasing Trustor from any obligation, do any act which Trustor has 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 the exercise by Lender of the foregoing rights, together with Interest thereon at the default rate provided in the Note, which shelf 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 Mabrlale. 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 shalt keep the Property free from all substances deemed to be hazardous or toxic under any Environmental Laws (collectively referred tQ herein as "Hazardous Materials'). Trustor hereby warrants and represents to tender that there are no Hazardous Materials on a under the Property. Trustor hereby agrees to indemnify 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 in connection with the presence, use. disposal or transport of any Hazardous Materials on, under, from or about the Property. THE FOREGOING 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 me rents. issues and profits of the Properly: provided that Trustor shall, until the occurrence of an Event of Default hereunder, have the right to collect and retain such rents. issues and profits as they become due and payable. Upon the occurrence ct an Event of Default. Lender may, either in person or by agent, with or without bringing any action or proceeding, or by a receme.t •a-opointed by a court and without regard to the adequacy of its security, enter upon and take possession of the Property, or any part thereof, in its own name C!, ,n the name of the Trustee, and do any acts which it deems necessary or desirable to preserve the value, marketability or rentab;lity, of the Property, 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 for or otherwise collect the rents, issues and profits thereof, including those past 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 the Property, the collection of such rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done in response to such default or pursuart to such notice of defauit arid, i jolylithatanding the con!-- .!-3nrw in possession of !h@ iProperty or the cc,:8cdon, receipt and applica't:on of rents. issues or profits, and Trustee and Lender shall be entitled to exercise every fight provided for in any of the Loan Inslri,ntents or by law upon occu7Tnnce of any Event of Default, including without limilat, on I'D right to exercise the power of sale, Further. Lender's rights and remed -es under this paragraph shall be cumulative with, ane ir. no way a limitation on, Lender's rights and remedies undef, an v assignment of losses and rents recorded against the Property. Lender, Trustee and the receiver shall be liable to account only Ix -:-nose rents actually received. 11. Events of Default, The following shall constitute an Event of 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 defaul! under any provision contained in the Note, this Deed of rust any of the Loan Instruments, or any other lien or encumbrance upon the Property: (c) A writ of execution or anachmerl Dr any similar process shalt be entered against Truster 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 fcr ceb!ors; or there shall be appointed any trustee, receiver or liquidator of Trustor or Borrower or of all or any part of the Property, 0111-e •e *1s, issues or profits thereof, or Trustor 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 Property. either voluntarily or involuntah.: . without the express written consent of Lender: provided that Trustor Shall be permitted to execute a lease of the Property that does not contain an option to purchase and the term ct which does not exceed one year, (Q Abandonment of the Property; or (g) If Trustor is not an individual, the issuance, sale, tra ^sier, 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 a ny Event of Default Lender may, without notice excepl8s required by law. declare all indebtedness secured hereby to be due and payable and the same shalt thereupon become due and payable without any presentment, demand, protest or notice of any kind. Therealh: lender may. (a) Demand that Trustee exercise the POWER OF SALE grantea herein, and Trustee shall thereafter car:se Truster's Interest in the Property to be sold and the proceeds to be distributed, aft in the manner provided in the Nebraska Trust Deeds Act (b) Exercise any and all rights provided for in any of t`:e Loan I °s:•.,ments or by law upon cccu *•ence of any Event of Oefauit and (c) Commence an action, to foreclose this Deed of T,.usl as a mortgage, appoint a receiver. or speciliCafly entoeCC any Of the covenants hereof No remedy here;,-. "ej'l a ••zon or reserved to Trustee or , enders %,,,en::ed to be exclusive of any other remedy herein• in the giver Loan l a P t T Y+ addition remedy hereunder. n the Loan Inst c� 's o now or twreaer ex's:' -9 8' ,N4 o• eti-,iy or by statute. and may be exercised concurrently. independently or successrveiu 13. Trustee. The Trustee rray resign at any time wlthau' cause. and U -nder may at any brae and wetrout cause appoint a successor or substitute Trustee. Trustee a nr ewmaaeu t u Wft.e n d o reckless or willfmisconduct. and sh not be requ,redto take any mess e _.... purcnaiwi v; ury . ,. w••r• - —r6 :....,, ^. action in connection with the enforcement o! this Deed of Trust unless indemnities. in writing. fur as cthe P Property expenses which may be associated ereer ptri In additi saleustea t may bec any porltionpo the Property. aslprovided by law. or sell rthe under the power of sale granted Property as a whole, or in separate parcels or lots at Trustees discretion 14. Fees and Expenses. In the event Trustee seas the Property by exercise of power of sale. Trustee shall be entitled to apply any sale proceeds first to payment of ail costs and expenses of exerc•sing power of sale. including all Trustee's fees. and Lender's and Trustee's attorney's fees, actually incurred to extent permitted by app .:cable Iaw in the event Borrower or Trustor exercises any right provided by law to cure an Event of Default. Lender shat• be entitled to recover from Trustor all costs and expenses actually incurred as a result of Trustor's default. including w.rnout limitation ail Tr'ustee's and attorney s fees. to the extent permitted by applicable law 15. Future Advances. Upon request of Borrower. I-Vider may. at its option, make additional and future advances and re- advances to Borrower Such advances and readvances. with ,merest 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 surns a1dvan edto S protect the security of this Deed of Trust exceed the original principal amount stated herein. or S g p • [Ailk • .:fir.:= ��ir• .. ;.w:• ;ti:.�.i� . i. Irt °lip . •; : i - t''a'�•i,, r f- 911'100002. the Property is so taken or damaged, Lender Shall have the option, in its sole and absolute discretion, to apply all such Proceeds. after deducting therefrom all costs and expenses incurred by it inlos connection with such P 4fflWl. p any secured hereby and in such order In Lender may determine, or to app after deductions. to dw Property upon such conditions as Lender may determine. Any application of Proceeds to indebtedness shall not extend Of postpone the due data of any payments under the Note, or cut* any default thereunder or hereunder. Any unapplied funds shall be paid to Trustee• Upon the oceurrenca of an Event of Duloult hereunder, or If any act is taken or legal proceed 8. pced which at Lender. p commenced which maUlrlally a11ecW Lender's interest in the PropeAy. Lender may In Its own disariadort, but without obligation to do so, and without nodes to or demand upon Trustor and without releasing Trustor from any obligation, do any act which Trustor has 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 the exercise by Lender of the foregoing rights, together with Interest thereon at the default rate provided in the Note, which shelf 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 Mabrlale. 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 shalt keep the Property free from all substances deemed to be hazardous or toxic under any Environmental Laws (collectively referred tQ herein as "Hazardous Materials'). Trustor hereby warrants and represents to tender that there are no Hazardous Materials on a under the Property. Trustor hereby agrees to indemnify 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 in connection with the presence, use. disposal or transport of any Hazardous Materials on, under, from or about the Property. THE FOREGOING 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 me rents. issues and profits of the Properly: provided that Trustor shall, until the occurrence of an Event of Default hereunder, have the right to collect and retain such rents. issues and profits as they become due and payable. Upon the occurrence ct an Event of Default. Lender may, either in person or by agent, with or without bringing any action or proceeding, or by a receme.t •a-opointed by a court and without regard to the adequacy of its security, enter upon and take possession of the Property, or any part thereof, in its own name C!, ,n the name of the Trustee, and do any acts which it deems necessary or desirable to preserve the value, marketability or rentab;lity, of the Property, 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 for or otherwise collect the rents, issues and profits thereof, including those past 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 the Property, the collection of such rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done in response to such default or pursuart to such notice of defauit arid, i jolylithatanding the con!-- .!-3nrw in possession of !h@ iProperty or the cc,:8cdon, receipt and applica't:on of rents. issues or profits, and Trustee and Lender shall be entitled to exercise every fight provided for in any of the Loan Inslri,ntents or by law upon occu7Tnnce of any Event of Default, including without limilat, on I'D right to exercise the power of sale, Further. Lender's rights and remed -es under this paragraph shall be cumulative with, ane ir. no way a limitation on, Lender's rights and remedies undef, an v assignment of losses and rents recorded against the Property. Lender, Trustee and the receiver shall be liable to account only Ix -:-nose rents actually received. 11. Events of Default, The following shall constitute an Event of 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 defaul! under any provision contained in the Note, this Deed of rust any of the Loan Instruments, or any other lien or encumbrance upon the Property: (c) A writ of execution or anachmerl Dr any similar process shalt be entered against Truster 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 fcr ceb!ors; or there shall be appointed any trustee, receiver or liquidator of Trustor or Borrower or of all or any part of the Property, 0111-e •e *1s, issues or profits thereof, or Trustor 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 Property. either voluntarily or involuntah.: . without the express written consent of Lender: provided that Trustor Shall be permitted to execute a lease of the Property that does not contain an option to purchase and the term ct which does not exceed one year, (Q Abandonment of the Property; or (g) If Trustor is not an individual, the issuance, sale, tra ^sier, 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 a ny Event of Default Lender may, without notice excepl8s required by law. declare all indebtedness secured hereby to be due and payable and the same shalt thereupon become due and payable without any presentment, demand, protest or notice of any kind. Therealh: lender may. (a) Demand that Trustee exercise the POWER OF SALE grantea herein, and Trustee shall thereafter car:se Truster's Interest in the Property to be sold and the proceeds to be distributed, aft in the manner provided in the Nebraska Trust Deeds Act (b) Exercise any and all rights provided for in any of t`:e Loan I °s:•.,ments or by law upon cccu *•ence of any Event of Oefauit and (c) Commence an action, to foreclose this Deed of T,.usl as a mortgage, appoint a receiver. or speciliCafly entoeCC any Of the covenants hereof No remedy here;,-. "ej'l a ••zon or reserved to Trustee or , enders %,,,en::ed to be exclusive of any other remedy herein• in the giver Loan l a P t T Y+ addition remedy hereunder. n the Loan Inst c� 's o now or twreaer ex's:' -9 8' ,N4 o• eti-,iy or by statute. and may be exercised concurrently. independently or successrveiu 13. Trustee. The Trustee rray resign at any time wlthau' cause. and U -nder may at any brae and wetrout cause appoint a successor or substitute Trustee. Trustee a nr ewmaaeu t u Wft.e n d o reckless or willfmisconduct. and sh not be requ,redto take any mess e _.... purcnaiwi v; ury . ,. w••r• - —r6 :....,, ^. action in connection with the enforcement o! this Deed of Trust unless indemnities. in writing. fur as cthe P Property expenses which may be associated ereer ptri In additi saleustea t may bec any porltionpo the Property. aslprovided by law. or sell rthe under the power of sale granted Property as a whole, or in separate parcels or lots at Trustees discretion 14. Fees and Expenses. In the event Trustee seas the Property by exercise of power of sale. Trustee shall be entitled to apply any sale proceeds first to payment of ail costs and expenses of exerc•sing power of sale. including all Trustee's fees. and Lender's and Trustee's attorney's fees, actually incurred to extent permitted by app .:cable Iaw in the event Borrower or Trustor exercises any right provided by law to cure an Event of Default. Lender shat• be entitled to recover from Trustor all costs and expenses actually incurred as a result of Trustor's default. including w.rnout limitation ail Tr'ustee's and attorney s fees. to the extent permitted by applicable law 15. Future Advances. Upon request of Borrower. I-Vider may. at its option, make additional and future advances and re- advances to Borrower Such advances and readvances. with ,merest 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 surns a1dvan edto S protect the security of this Deed of Trust exceed the original principal amount stated herein. or S g p • [Ailk • .:fir.:=