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�- 200110495
<br />G. Maintenance, Repairs ai.- Compliance Willi Laws. Truslor shall keep the Properly in good condition @rid repair; shall
<br />promptly repair, or replace any improvement which may be damaged or destroyed; shall not commit or permit any waste or deleriora-
<br />lion of the Property; sliall not remove, demolish or substantially after any of (lie improvements on the Property; shall not commit, suffer
<br />or permit any act to be done in or upon [lie Property in violation of any law, ordinance, or regulation; and shall pay and promptly dis-
<br />charge at Truslor's cost and expense all liens, encumbrances and charges levied, imposed or accessed against [lie Property or any
<br />part thereof.
<br />7. Eminent Domain. Lender is hereby assigned all cornpensalion, awards, damages and other payments or relief (hereinafter
<br />"Proceeds") in connection wily condemnation or other taking of the Properly or part thereof, or for conveyance in lieu of condemnation.
<br />Lender shall be entitled at its option to commence appear in and prosecute in its own narne any action or proceedings, and shall also
<br />be entitled to make any compromise or settlement in connection with such taking or damage. In the event any portion of the Properly is
<br />so taken or darnaged, Lender shall have [lie option in its sole and absolute discretion, (o apply all such proceeds, after deducting
<br />therefrom all costs @rd expenses incurred by it in connection wily such Proceeds, upon any indebtedness secured hereby and in such
<br />order as Lender may determine, or to apply all such Proceeds, after such deductions, to [lie restoration of [lie Property upon such con-
<br />ditions as Lender may determine. Any application of Proceeds to indebtedness shall not extend or postpone [lie due date of any pay -
<br />ments under the Note, or cure any default Ihereunder or hereunder. Any unapplied funds shall be paid to Trustor.
<br />S. Performance by Lender. Upon [he occurrence of an Event of Default hereunder, or if any act is taken or legal proceeding
<br />commenced which materially affects Lender's Interest in the Property, Lender may in its own discretion, but without obligation to do so,
<br />and without notice to or demand upon Truslor and without releasing Truslor from any obligation, do any act which Truslor has agreed
<br />but failed to do and may also do any other act it deems necessary to protect the security hereof. Truslor shall, immediately upon
<br />demand therefor by Lender, pay to Lender all costs and expenses incurred and scams expended by Lender in connection Willi the exer-
<br />cise by Lender of the foregoing rights, together with interest thereon at (he default rate provided in the Note, which shall be added to
<br />the indebtedness secured hereby. Lender shall not incur any liability because of anything it may do or omit to do hereunder.
<br />9. Hazardous Materials. Truslor shall keep the Properly in compliance with all applicable laws, ordinances and regulations
<br />relating to industrial hygiene or environmental protection (collectively referred to herein as "Environmental Laws "). Truslor shall keep
<br />the Properly free from all substances deemed (o be hazardous or toxic under any Environmental Laws (collectively referred to herein
<br />as "Hazardous Ma(erials "). Truslor hereby warrants and represents to Lender that there are no Hazardous Materials on or under the
<br />Property. Truslor hereby agrees to indemnify and hold harmless Lender, its directors, officers, employees and agents, and any succes-
<br />sors to Lender's Interest, from and against any and all claims, damages, losses and liabilities arising in connection with the presence,
<br />use, disposal or transport of any Hazardous Materials on, under, from or about the Properly. THE FOREGOING WARRANTIES AND
<br />REPRESENTATIONS, AND TRUSTOR'S OBLIGATIONS PURSUANT TO THE FOREGOING INDEMNITY, SHALL SURVIVE
<br />RECONVEYANCE OF THIS DEED OF TRUST.
<br />'10. Assignment of Rents. Trustor hereby assigns to Lender, and grants Lender a security inleresl in, all present, future and
<br />after arising rents, issues and profits of [lie Property; provided that Truslor shall, until [he occurrence of an Event of Default, hereunder,
<br />have [lie right to collect and retain such rents, issues and profits as they become due and payable. Upon the occurrence of an Event of
<br />Default, Lender may, either in person or by agent, Willi or without bringing any action or proceeding, or by a receiver appointed by a
<br />cour-1 and without regard to file adequacy of its security, enter upon and (al<e possession of the Property, or any part thereof, in its own
<br />name or in the narne of the Trustee, and do any acts which it deems necessary or desirable to preserve the value, marketability or
<br />I entability of the Property, or any part thereof or interest therein, or to Increase the income therefrom or protect the security hereof and,
<br />Willi or without taking possession of [he Property, sue for or otherwise collect the rents, issues and profits [hereof, including those past
<br />due and unpaid, by notifying lenanls to make payments to Lender. Lender may apply rents, issues and profits, less costs and expens-
<br />es of operation and collection including attorney's fees, to any indebtedness secured hereby, all in such order as Lender may deter-
<br />mine. l-he entering upon and taking possession of the Properly, (he collection of such rents, issues and profits, and the application
<br />thereof as aforesaid shall not cure or waive any default or notice of default hereunder or invalidate any'act done in response to such
<br />default or pursuant to such notice of default and, no[withslanding the continuance in possession of the property or the collection,
<br />receipt and application of rents, issues or profits, Trustee and Lender shall be entitled to exercise every right provided for in any of the
<br />Loan Instruments or by law upon occurrence of any Event of Defaull, including without limilation the right to exercise [lie power of sale.
<br />Further, Lender's rights and remedies under this paragraph shall be cumulative with, and in no way a limitation on, Lender's rights and
<br />remedies under any assignment of leases and rents recorded against lice Property. Lender, Trustee and [lie receiver shall be liable to
<br />account only for those rents actually received.
<br />Events of Default. The following shall constitute an Event of Default under (his Deed of Trust:
<br />(a) Failure to jay any installment of principal or interest or 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 [lie Loan Instruments, or any
<br />other lien or encumbrance upon the Property;
<br />(c) A writ of execution or allachment or any similar process shall he entered against Truslor which shall become a lien on
<br />the Properly or any portion thereof or interest therein;
<br />(d) There shall be filed by or against Truslor or Borrower an action under any present or future federal, stale or other statute,
<br />law or regulation relating to bankruptcy, insolvency or other relief for debtors; or there shall be appointed any trustee, receiver or
<br />liquidator of Trustor or Borrower or of all or any part of (lie Properly, or (lie rents, issues or profits thereof, or Truslor or Borrower
<br />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 Truslor shall be per pil-
<br />led to execute a lease of the Property (hat does not contain an option to purchase and the term of which does not exceed one
<br />year;
<br />(f) Abandonment of [lie Property; or
<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 Nom_ percent of its issued and outstanding stock, or if a
<br />cent of y company) g ( partnership) i total of NA per-
<br />cent interests, or (if a limited Ilabilil com an a total of NA percent of the limited liability compa-
<br />ny interests or voting rights during the period this Deed of Trust remains a lien on file property.
<br />-12. Remedies; Acceleration Upon Default. In the event of any Event of Default Lender may, without notice except as required
<br />by law, decla-e all indebtedness secured hereby to be due and payable and the same shall thereupon become due and payable Willi-
<br />Out any presentment, demand, protest or notice of any Kind. Thereafter Lender may:
<br />(a) Demand that Trustee exercise the POWER OF y ALE granted herein, and Trustee shall thereafter cause Truslor's inter-
<br />est in the Properly to be sold and the proceeds to be distributed, all in the mariner provided in file Nebraska Trust Deeds Act;
<br />(b) Exercise any and all rights provided for in any of (he Loan Instruments or by law upon occurrence of any Event of
<br />Default; and
<br />(c) Commence an action to foreclose (his Deed of Trust as a mortgage,
<br />covenants hereof. appoint a receiver, or specifically enforce any of the
<br />No remedy herein conferred upon or reserved to Trustee or Lender is intended to be exclusive of any other remedy herein, in the Lo @n
<br />Instruments or by law provided or permitted, but each shall be cumulative, shall be in addition to every other remedy given hereunder,
<br />in (he Loan Instruments or now or hereafter existing at law or in equity or by statute, and may be exercised concurrently, independently
<br />OF sr.rccesively.
<br />'13. Trustee. The Trustee may resign at any time Without cause, and Lender may at any time and without cause appoint a suc-
<br />cessor or substitute Trustee. Trustee shall not be liable to any party, including without limitation Lender, Borrower, Truslor or any pur-
<br />chaser of the Property, for any loss or damage unless due to reclQess or willful misconduct and shall not be required to lake any action
<br />in connection with the enforcement of this Deed of Trust unless indemnified, in writing, for all costs, compensation or expenses which
<br />may be associated therewith. in addition, Trustee may become a purchaser at any sale of (lie Property (judicial or under (lie power of
<br />sale granted herein); postpone [lie sale of
<br />vnii nip nnoltl I i ill �[ nnY RnflIM of I11(1 nil I1 11 11 I
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