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<br /> 89� 106605
<br /> ths P�operty ia ao taken or damaqed,Lender shall have the optlon,In ils sote and absalute discretlon,to apply ali such Praceeds,
<br /> . eRet deductinp fheroirom ail coaW and expenses incurred by it in connectlon wlth such Proceeds,upon a�y indebtedneaa secured
<br /> � hereby and in such order aa Lender mey determine,or to apply a11 auch Proceeds,atter such deductions,to the restoration ot the
<br /> Rraperty upon auch cencilttana as Lendar may dsiermine.Aay appllcattan of Pr�ceeda to inde0tadneas shati n�t extend o�postpa�e
<br /> thA due date of any payments under the Note,or cure any detault thereunder ar hereunder.Any unapplied tunds ahell be paid to
<br /> Trustor.
<br /> 8. P��fotm�nc�by L��d�r.Upon the occurrence ot an Event ol Oeiauit hereunder,or it any act la taken o�tegal proceedinp
<br /> commenced which materlally attecta 4ender's interest in the Property,Lender may in its own diacretion,but without oGll�atlan to do
<br /> so,and wlthout notice to cr demend upon Trustar and without�eleasing Trustor from any obUgation,do any act which T�uator has
<br /> ay�eed but/aiis to do and may also do any other act it deems necessary to p�otect the security hereof.Trustor ahall,immedlately
<br /> upon demand therefor by Lende�,pay to Le�der all costa and expenses incurred and sums expended by Lender in connection with
<br /> the exerciae by Lende�of the fo�egoing rights,together with interest thereo�at the detault rate provided in the Note,which shatl 6e
<br /> , added to the indebtedneas secured hereby. Lender shall not incur any IiabiUty because of anything it may do or omit to do
<br /> � hereunder.
<br /> ; 9. Hazardou�Mat�Hab.Truator shall keep the Property in compllance with all appUcable laws,ordlnances and regulatio�s
<br /> I �elating to industrial hygiene ot environmental protection(collective�y referred td hereln as"Environmental Laws").Trustor shall
<br /> keep the Property iree from all substances deemed to be hazardous or toxic under any Environmental Laws(collectively reterred to
<br /> � he►ein as"Hazardoua Materlals").Trustor hereby warrants and represents to Lender that there are no Hazardoue Materlata o�or
<br /> � under the Property.T�ustor hereby agrees to indamniiy and hold harmless�ender,its directors,oificers,employees and agents,and
<br /> any succeasors to Lender's interest,f�om and against any and all claims,damages,losses and liabilities arlsing in connection with
<br /> the presence, use,disposal or transport of any Hazardous Materlals Q�, under,lrom or about the Property. THE FORE�OINQ
<br /> • WARRANTIES AND REPRESENTATIONS,ANO TRUSTOR'S OBl1OATI0NS PURSUANT TO THE FOREt301NG INDEMNITY,SHALL
<br /> SURVIVE RECONVEYANCE OF THlS DEEO OF TRUST.
<br /> 10. Assi�nm�M ot R�nta.Trustor hereby assigns to lender the rents,issues artd�orofits of the Property;pravlded that Trustor
<br /> shall,until the occurrence oi an Event of Defautt hereunder,have the right to collect and retain such rents,issues and profits as they
<br /> � ' become due and payable.Upon the occurrence of an Event oi Default,Lender may,either in persfln or by agent,with or without
<br /> bringing any action pr p�oceeding,or by a receiver appointed by a court and withou!regard to t!he adequacy of its security,enter
<br /> I upon and take possession of the P�operty,or any part thereot,in its ow�name or in the name o1 the Trustee,and do any acts which it .
<br /> deems necessary or desirable to preserve the value,marketability or rentabiBty of the Proporty,or any part thereaf or interest therein,
<br /> � increase the income thereirom or protect the security horeof and,with or wlthout taking possession oi the P�operty,aue for or
<br /> otherwise collect the rents, issues and protits thereof,including those�ast due and unpaid,and apply the same,less cost9 and
<br /> expenaes ot operation and collsCtion including attorneys'fees,upon any indebtedness secured hereby,all in such order as Lender
<br /> may determine.The entering upon and taking possession of the Property,the collection of such rents,issues and profils and the
<br /> application thereol as atoresaid,shail not cure or waive any default or notice oi de€ault hereunder or invalidate any aCt done in ,
<br /> responsa to such default or pursuant to such notice of default and,notwithstandingthecontinuance In possesslon of the Property or �.
<br /> the cotlection,receipt and appUcation of rents, issues or profits, and Trustee and tender shall be entltled to exercise every right `'?
<br /> � provided for i�any of the Loan Instruments or by law upon occurrence ot any Event of Default,includ�ng without Ilmitatlon the rlght ,,,���
<br /> to exerclse the powe�of sale.Further,Lender's�ights and remedies under this paragraph shall be cumulative with,and in no way a ; _�_
<br /> -- 1 limitation on,Lender's rigMts and remediea under any assignment ofi ieases ano rdnw�ei:urueu'ay�lfi5t ii-�s���pss:�.i.ar�as,TruvKsa � ` -
<br /> � and the receiver shall be liable to account only for those rents actualty received.
<br /> � 11. Ev�nb of DN�uN.The following shall constitute an Event of Default under this Deed of Trust �
<br /> � (a) Failure to pay any installment o!principal or interest of any other sum secured hereby when due;
<br /> ' (b) A breach ot or default under any provision contained in the Note,this Oeed of Trust,any of the Loan Instruments,or any .
<br /> , other lien or enc�mbrance upon the Properry; • •
<br /> (c) A writ o1 executlon or attachment os any similar process shall be entered against Trustor which shall become a Ilen on
<br /> the Property or any portion thereot or interest therein;
<br /> (d) There shall be filed by or against Trustor or Borrower an action under any prese�t or future federal,state or other
<br /> � IstaEute,law or�c�gutation relating to bankruptcy,insoivenoy or other�elief for debtors;or there shall be appointed any trustee,
<br /> � receiver or liquidator of Trustor or Borrower or of att or a�y part of the Properry,or the rents,issues or profits thereof,or Trustor �'
<br /> . � or Borrowe�shall make any general assignment for the benefit ot creditors; �
<br /> � (e) The sale,transfer, lease,assignment,conveyance or further encumbrance of all or any part oi or any interest in the
<br /> Properiy, either voluntarity or involuntarily, without the exp�ess w�itten consent ot Lender; provided that Trustor shall be
<br /> � permitted to execute a lease of the Properry that does not contain an option to purchase and the term of which does not exceed
<br /> � one year,
<br /> (fl Abandanment of thA Properry;or � �
<br /> (g) If Tru9tor is not an lndlvidual,the issuance,sale,transfer,assignment,conveyance or encumbrance ot more than a total ��''�'�--'
<br /> oi____. percent of(if a corporation)its issued and outstanding stock or(if a partnership)a total of percent of ! �-_
<br /> partnership lnterests during the period this Deed oi Trust remains a lien on the Prope►ty.
<br /> • 12. R�m�dNs:AccN�ration Upon DN#ulf.ln the event o1 any Event of Default Lender may,without notice except as required by . .
<br /> Iaw,declare all indebtedness secured hereby to be due and payable and the same shall thereupon become due and payable ___
<br /> 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 therea3ter cause Trustors
<br /> interest in the Property to be sold and the proceeds to be distributed,all in the manner provided in the Nebraska Trust Deeds
<br /> ! 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 /> • Defaul�and
<br /> ' (c) Commence an action to toreclose this Deed of Trust as a mortgage,appoint a receiver,or specificatly eniorce any oi the
<br /> • covenants hereof.
<br /> No remedy hereln conierred upon or reserved to Trustee or Lender is intanded to be exclusive ot any other remedy herein,in the
<br /> Loan Instruments or by law provided or permitted,but each shall be cumulative,shall be in additian to every other remedy given
<br /> hereunder,in the Loan Instruments or now or hereafter existing at law or in equity or by statute,and may be exercised concurrently,
<br /> independentty or successively.
<br /> 13. TrustN.The Trustee rnay resign at any time without cause,and Lender may at any time and without cause appoint a _________-
<br /> , successor or subatitute Trustee.Trustee shall not be liable to any party,including wlthout limitation Lender,Borrower,Trustor or any ;
<br /> purchaser ot the Property,ior any loss or damage unless due to reckless or witltul misconduct,and shall not be required to take any i
<br /> actlon in connection with the enforcement oi this Deed of Trust unless indemnified. in writing,for all costs,compensation or �
<br /> expenses which may be associated therewith. In addition,Trustee may become a purchaser at any sa�e ot the Property(judicial or � '
<br /> under the power o}sale granted herein); pos4pone the sale of all or any portion ot the Property,as provided by law:or sell the
<br /> Property as a whole,or in separate parcels or lots at Trustee's discretion. '
<br /> 14. FNa and Exp�m�s.1n the event Trustee sells the Pioperty by exercise oi power of saie,Trustee shall be entitled to apply
<br /> L any sale proceeds ilrst to payment of all costs and expenses of exerclsing power ot sale,including all Trustee's fees,and Lender's
<br /> and Trustee's attorney's 1ees,actually incurred to extent permitted by applicable law.In the event Borrower or Trustar exercises any
<br /> rlght provided by law to cure an Event of Detault,Lender shall be entitled to recover from Trustor all costs and expenses actually
<br /> incurred as a result of Trustor's default, including without limitatian all Trustee's and attorney's fees, to the extent permitted by 1�
<br /> apalfcable law. �
<br /> 15. Fuiur�Advanc�s. Upon request ot Borrower, �ender may, at ids option, maka additinnal and luture adv&nces and re- �
<br /> advancva to Borrovrer Such advances and readvances,w�th mteregt therean,shau be secwed by th�s Deed of Trust At no Ume shnll fr
<br /> thE�prinCipal amount O�the ir►�ebtedne8s seCUred by th�9 Deed of 7rust,not including sums advBnCed to protect the secunty o}thiS ' �
<br /> Oood ol Trust, oxc�ad lhe ongm8l prinC�pa�amouni stated here�n,or S�.QIlQ,_Q0. , wh�chevor is g�e7tor
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