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_1c�1,�os RE'RECORDEDgg_ i�4oss .� .
<br /> 7. Eminent Domain. Lender i�Meby assigned ell compensation, awards, damages and other peyments or relief (hereinafter "Proceed "1 .�
<br /> in connection with condemnation or other taking of the Property or part thereof, or for conveyance in lieu of condemnation. Lend�+r s�all
<br /> taken or damaged, Lender shall have the option in its sole and absolute discretion,to apply all such Proceeds, aftar 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 tha Property u�on such conditions as
<br /> Lender may determine. Any application ot 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. Periormanca by Landor. Upon the occurrence of an Event of Default hereunder, or if eny ect is taken or legal proceeding
<br /> comme�ced 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 damand upon Trustor and without releasing Trustor from eny obligation, do eny act which Truator 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 Le�der all costs and expr�nses incurred and sums expended by Lender in connection with the exercise by
<br /> Lender of the foregoing rights, together with interdst thereon at the default rate provided in the Note, which shall be added to the
<br /> indebtedness secured hereby. Lender shall not incur any liability because of anything it may do or omit to do hereune�er.
<br /> 9. Hazardous Materia�s.Trustor shall keep the Property in compliance with all applicable laws, ordinances and reeulations relating to
<br /> industrial hygiene or environmental protection (collactively referred to harein as "Environmental Laws"1. Trustor ahall keep the Property
<br /> free from all substances deemed to be hezardous or toxic under any Environmental Lawa (collectively referred to herein as "Hazardous
<br /> Materials"►. Trustor hereby warrants and represents to Lender that there are no Hazardous Material on or under the Property. Trustor
<br /> hereby agrees to indemnify and hold harmless Lender, its directors, officers, employees and agants, end eny euccessors to Lender's
<br /> interest, from and against any and all claims, damages, losses and liabilities arising in connection wilh the presance, use, disposal 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 TO THE FOREGOING INDEMNITY, SHALL SURVIVE RECONVEYANCE OF THIS DEED OF
<br /> TRUST.
<br /> 10. Acsiynment of Renta. Trustor hereby assigns to Lender, and grants Lender a security interest in, all present, future and after
<br /> rising rents, issues and profits of the Property; provided that Trustor shall, until the occurrence of an Event of Default hereunder, have
<br /> the right to collect and retain such rents, issuas and profits es they become due and peyable. Upon the occurrence of an Event of
<br /> Default, Lender may, either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by e
<br /> court and without regard to the adequacy of its security, entar upon and take possession of the Property, or any part thereof, in ita own
<br /> name or in the name of the Trustee, and do any acts which it deems necessary or desirable to preserve tha velue, marketability or
<br /> rentability of 1he Property, or any part thereof or interest therein, or to increase the income therefrom or protect the security hereof and,
<br /> with or without t:�king possession of the Property, sue for or otherwise collect the rents, issues end profits thereof, including those past
<br /> due a�d unpeid, by notifying tenants to make payments to Lender. Lander may appty rents, issues and profits, lesa 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 taking possession of the Property, the collection of such rents, issues and profita, end the application thereof ae
<br /> aforeseid, shall not cura or waive any default or notice of default he�eunder or invalidate any act done in response to such default or
<br /> pursuent to such notice of default and, notwithstanding the continuance in possession of the Property or the collection, receipt and
<br /> applicetion of rents, issues or profits, Trustee and Lender shall ba antitled to exercise every right provided for in any of the Loan
<br /> Instrumants or by law upon occurrence of any Evant of Default, including without limitation the right to exercise the power of sale.
<br /> Further, Lender's rights and remedies under this paregraph shall be cumulative with, and in no way a limitation on, Lender's righta and
<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 /> 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 tha Loan Inatrumenta, or any
<br /> othdr lien or encumbrance upon the Property;
<br /> (c) A writ of execution or attachment or any similar process shall be entered against Trustor which shell 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 ot Trustor or Borrower or of ell or any part of the Property, or the rents, issues or profits thereof, or T�ustor or Borrower
<br /> 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 of or any interest in the Property,
<br /> either voluntarily or involuntarily, without the express written consent of Lender; provided that Trustor shalt be permitted to execute
<br /> e lease of the Property that does not contain an option to purchase and the term of which does not exceed one year;
<br /> (f1 Abandonment of the Property;or
<br /> (g) If Trustor is not an individual, the issuance, sale, transfer, assignment, conveyance or e�cumbrance of more then (if a
<br /> corporation) a total of N/A percent of its issued end outstanding stock, or (if a partnership) a total of N/A percent of
<br /> partnarship interests, or (�mited liability company) a total of N�q percent of the limited liability company interesta or votin0
<br /> rights during the period this Deed of Trust remains a lien on the Property.
<br /> 12.Rsmsdies;Accsleration Upon Default. In the avent of any Event of Default Lender may, without notice except as required by law,
<br /> declare all indebtedness secured hereby to be due and payable and the same shell 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 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.
<br /> No remddy herein conferred upon or reserved to Trustee or Lender is intended to be exclusiva of any other remedy herein, in the Loan
<br /> Instrumunts or by law provided or permitted, but each shall be cumulative, shall be in eddition to evary other remedy given hereunder, in
<br /> the Laan Instruments or now or hereafter existing at law or in equity or by statute, and may be exercised concurrentty, independently or
<br /> successively.
<br /> 13. Trustee. The Trustee may resign at any time without cause, and Lender may at any time and without cause appoint 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 /> tha Property, for any loss or damage unless due to reckless or willful misconduct, and shall not be required to take eny action in
<br /> connection with the enforce�nent of this Deed of Trust unless indemnified, in writing, for ell costs, compensation or expenses which may
<br /> be associated therewith. In addition, Trustee may become a purchaser at any sale of the Property (judicial or under the power of sale
<br /> granted hereinl; postpone tl�e sale of all or any portion of the Property, as provided by law; or sell tha Property as a whole, or in separate
<br /> parcdls or lots at Trustee's discretion.
<br /> ?4. Faes and Expenses. In the event Trustea 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 and expenses of exercising power of sale, including aii Trustde's fees, and Lender'e ar.d Trustae's
<br /> ettorney's fees, actually i�curred to extent permitted by applicable law. In the event Borrower or Trustor exercises any right provided by
<br /> law to cure en Event of Default, l.ender shall be entitled to recover from Trustor al) costs and expensas ectually incurred as a result of
<br /> Trustor's default, including without limitation all Trustee's and attorney's fees,to the extent permitted by applicable law.
<br /> 15. Future Adva�ces. Upo� request of Borrower, Lender may, at its option, make additional a�d future advances and readvances to
<br /> Borrower. Such advances and readvances, with interest thereon, shall be aecured by this Deed of Trust. At no time ahall the principal
<br /> emount of the indebtednesa aecured by this Deed of Trust, no• �^^����fina auma advanced to protect the security of this Deed of Trust,
<br /> exceed the original principel amount stated herein, or S 1 10,.QOQ•00 , whichever is greeter.
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