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<br /> 7. Eminent Domain. Lender is hereby assigned all compensation, awards, damages and other payments or relief (hereinafter "Proceeda") ` �
<br /> in connection with condemnation or other taking of the Proper;y or part thereof, or for conveyance in lieu of condemnation. Lender shall
<br /> taken or damaged, Lender shall have the option in its sole and absolute discretion, to apply all such Proceeds, after deducting therefrom
<br /> all costs and expenses incurred by it in connection with such Proceeds, upon any indebtedness secured hereby and in such order as
<br /> Lender may determine, or to apply all such Proceeds, after such deductions, to the restoration of the Property upon such condition§ as
<br /> Lender may determine. Any application of Proceeds to indebtedness shall not extend or postpone the due date of any payments under
<br /> the Note, or cure any default thereunder or hereunder. Any unapplied funds shall be paid to Trustor.
<br /> 8. Performance by Lender. Upon the 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 mey in its own discretion, but without obligation to do so,
<br /> and without notice to or demand upon Trustor and without releasing Trustor from any obligation, do any act which Trustor has agreed
<br /> but fails to do and may also do any other act it deems necessary to protect the security hereof. Trustor shall, immediately upon demand
<br /> therefor by Lender, pay to Lender all costs and expenses incurred and sums expended by Lender in connectiQn wi�,h the exercise by
<br /> Lender of the foregoing rights, together with interest thereon at the default rate provided i� the Note, which sh$Q, be added to the
<br /> indebtedness secured hereby. Lender shall not incur any liability because of anything it may do or omit to do hereunder.
<br /> 9. Hazerdous Materiels. Trustor shall keep the Property in complience with all applicabte laws, ordinences end regulationa relating to
<br /> industrial hygiene or environmental protection (collectively referred to herein as "Environmental Laws"1. Trustor shall keep the Property
<br /> free from all substances deemed to be hezardous or toxic under any Environmental Laws (collectively referred to herein es "Hezardous
<br /> Materials"1. Trustor hereby warrants and represents to Lender that there are no Hazardous Material on or unde► the Property. Trustor
<br /> hereby agrees to indemnify and hold harmless Lender, its directors, officers, employees and agents, and any successors to Lender's
<br /> i�terest, from and against any and all claims, damages, losses and liabilities arising in connection with the presence, use, disposel or
<br /> transport of any Hazardous Materials on, under, from or about the Property. THE FOREGOING WARRANTIES AND REPRESENTATIONS,
<br /> AND TRUSTOR'S OBLIGATIONS PURSUANT f0 THE hOREGOING INDEfv►NITY, SHALL SURVIVE RECD►VVEYANCE OF THIS �7EED OF
<br /> TRUST.
<br /> 10. Aseignment of Rente. Trustor hereby assigns to Lender, and grants Lender a security interest in, all present, future end efter
<br /> rising rents, issues and profits of the Property; provided that Trustor shall, until the occurrence ot en Event of Default hereunder, heve
<br /> the 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, with or without bringing a�y aetion or pPOCeeding, or by a receiver eppointed by a
<br /> 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
<br /> name or in the name of the Trustee, and do any acts which it deems necessary or desirable to preserve the value, marketability or
<br /> rentebility of the Property, or any part thereof or interest therein, or to increase the income therefrom or protect the security hereof and,
<br /> with or without taking possession of the Property, sue for or otherwise collect the rents, issues and profits thereof, including those past
<br /> due and unpaid, by notifying tenants to make payments to Le�der. lender may apply rents, issues and profits, less costs and expenses
<br /> of operation and collection including attorneys' fees, to any indebtedness secured hereby, all in such order as Lender may determine. The
<br /> entering upon and taki�g possession of the Property, the collection of such rents, issues and profits, and the application thereof as
<br /> eforeseid, shall not cure or waive any default or notice of default hereunder or invalidate any act done in response to such default or
<br /> pursuant to such notice of default and, notwithstanding the continuance in possession of the Property or the collection, receipt and
<br /> application of rents, issues or profits, Trustee and Lender shall be entitled to exercise every right provided for in any of the Loan
<br /> Instruments or by law upon occurrence of any Event of Default, including without limitation the right to exercise the power of sale.
<br /> Further, Lender's rights and remedies under this paragraph shall be cumulative with, end in no way a limitation on, Lender's rights end
<br /> remedies under any assignment of leases and rents recorded against the Property. Lender, Trustee and the receiver shall be liable to
<br /> account only for those rents actually received.
<br /> 1 1. Evente of Default.The followi�g shall constitute an Event of Default under this Deed of Trust:
<br /> (a) Failure to pay any i�stallment 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 any
<br /> other lien or encumbrance upon the Property;
<br /> (c) A writ of execution or attachme�t or any similar process shall be entered against Trustor which shall become a lien on the
<br /> 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 statue, law
<br /> 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 a�y_part of the Property, or the rents, issues or profits thereof, or Trustor or Borrower
<br /> shall make a�y 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 Property,
<br /> either voluntarily or involuntarily, without the express written consent of Lender; provided that Trustor shall be permitted to execute
<br /> a lease of the Property that does not contain an option to purchase and the term of which does not exceed one year;
<br /> (f) Abandonment of the Property; or
<br /> (g) If Trustor is not an individual, the issuance, sale, transfer, assignment, conveyance or encumbrance of more then (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 ot
<br /> partnership interests, or (if a limited liability company) a total of N�q percent of the limited liability company interests or voting
<br /> rights during the period this Deed of Trust remains a lien on the Property.
<br /> 12. Remediee;Acceleration Upon Default. In the event of any Eve�t of Defeult Lender may, without notice except as required by law,
<br /> declare all indebtedness secured hereby to be due and payable and the same shall thereupon become due and payable without any
<br /> 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 man�er provided in the Nebraska Trust Deeds Act;
<br /> (6) Exercise any and all rights provided for in any of the Loan Instruments or by lew 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 specificelly enforce any of the
<br /> covenants hereof.
<br /> No remedy herein confarred upon or reserved to Trustee or Lender is intended to be exclusive of any other remedy herein, in the Loan
<br /> Instruments or by law provided or permitted, but each shall be cumulative, shall be in addition to every other remedy given hereunder, in
<br /> the Loen Instruments or now or hereafter existing at law or in equity or by statute, and mey be exercised concurrently, independently or
<br /> successively.
<br /> 13.Trustee. The Trustee may resign at any time without cause, end Lender mey at eny time and without cause eppoint a successor
<br /> or substitute Trustee. Trustee shall not be liable to any party, including without limitation Lender, Borrower, Trustor or any purchaser of
<br /> the Property, for any loss or damage unless due to reckless or willful misconduct, and shall not be required to take any action in
<br /> connection with the enforcement of this Deed of Trust unless indemnified, in writing, for all costs, compensation or expenses which may
<br /> be associated therewith. In addition, Trustee may become a purcheser at any sale of the Property (judiciel or under the power of sale
<br /> gra�ted herein); postpone the sela of all or any portic�n of the Property, as provided by lavv; or sal!the Prope�ty as a whole, or in separate
<br /> parcels or lots at Trustee's discretion.
<br /> 14. Fees a►►d Expenees. In the event Trustee sells the Property by exercise of power of sale,Trustee shall be entitled to apply any sale
<br /> proceeds first to payment of all costs a�d expenses of exercising power of sale, including all Trustee's fees, and Lender's and Trustee's
<br /> attorney's fees, actually incurred to extent permitted by applicable law. In the event Borrower or Trustor exercises any right provided by
<br /> law to cure an Event of Default, Lender shall be entitled to recover from Trustor all costs and expenses actually incurred as a result of
<br /> Trustor's default, including without limitation all Trustee's and attorney's fees, to the extent permitted by appliceble law.
<br /> 15. Future Advancea. Upon request of Borrower, Lender may, at its option, make additional end future advances and readvances to
<br /> Borrower. Such edvances and readvances, with interest thereon, shall be secured by this Deed of Trust. At no time shall the principal
<br /> amount of the indebtedness secured by this Deed of Trust, not including sums advanced to protect the security of this Deed of Trust,
<br /> exceed the original principal amount stated herein, or S g2,500,000.00 , whichever is greater.
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