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<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 may in its ow� discretion, but without obligation tq do so, and
<br />� wkhout notice to or demand upon Trustor and without releasing Trustor from any obligation, do any act which Trustor has agreed but fails to
<br /> do and may also do any other act it deems necessary to protect the security hereof. Trustor shall, immedfately upon demand therefor by
<br /> ` Lender, pay to Lender all costs and expenses incurred and sums expended by Lender in connectfon with the exerc(se by Lender of the
<br /> foregoing rights, together with interest thereon at the default rate provided in the Note, which shall be added to the indebtedness secured
<br /> hereby. Lender shall not incur any liability because of anything it may do or omit to do hereunder.
<br /> s. Hazardous Materials. Trustor shail keep the Property in compliance with all applicable laws, ordinances and regulations relating
<br /> to industrial hygiene or environmental protection (collectively referred to herein as "Environmentai Laws"). Trustor shall keep the Property free
<br /> from all substances deemed to be hazardous or toxic under any Environmental Laws (collectively referred to herein as "Hezardous Materials").
<br /> Trustor hereby warrants and represents to Lender that there are no Hazardous Materials on or under the Property. Trustor hereby agrees to
<br /> indemnify and hold harmless Lender., its directors, officers, employees and agents, and any successors to Lender's interest, from and against �
<br /> any and all claims, damages, losses and liebilities arising in connection with the presence, use, disposal or transport of any Hazardous
<br /> Materlals on, u�der, Nom or about the Property. THE FOREGOING WARRANTIES AND REPRESENTATIONS, AND TRUSTOR'S OBLiGATIONS
<br /> PURSUANT TO THE FOREGOING INDEMNITY, SHALL SURVIVE RECONVEYANCE OF THIS DEED OF TRUST.
<br /> io. Assignment of Rents. Trustor hereby assigns to Lender the rents, issues and profits of the Property; provided that Trustor shall,
<br /> until the occurrence of an Event of De(ault hereunder, have the right to collect and retain such rents, issues and profits as they become due
<br /> and payabls. Upon the occurrence of an Event of Default, Lender may, either in person or by agent, with or without bringing any act(on or
<br /> proceeding, or by a receiver appointed by a court and without regard to the adequacy of its security, enter upon and take possession of the •
<br /> Property, or any part thereof, in its own name or in the name of the Trustee, and do any acts which it deems necessary or desirable to
<br /> preserve the value, marketability or rentability of the Property, or any part thereof or interest therein, increase the income therefrom or protect
<br /> the security hereof and, with or without taking possession of the Property, sue for or otherwise collect the rents, issues and profits thereof,
<br /> including those past due and unpaid, and apply the same, less costs and expenses of operation and collection including attorneys' fees,
<br /> upon any indebtedness secured hereby, all in such order as Lender may determine. The entering upon and taking posse§s(on of the
<br /> Property, the collection of such rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any default or notice
<br /> of default hereunder or invalidate any act done in response to such default or pursuant to such notice of detault and, notwithstanding the
<br /> continuance in possession of the Property or the collection, receipt and application of rents, issues or profits, and Trustee and Lender shall
<br /> be entitled to exercise every right provided for in any of the Loan Instruments or by law upon occurrence of any Event of Default, including
<br /> without limitation the right to exercise the power of sale. Further, Lender's rights and remedies under this paragraph shall be cumulative with,
<br /> and in no way a limitation on, Lender's rights and remedies under any assignment of leases and rents recorded against the Property. Lender,
<br /> Trustee and the receiver shall be liable to account only for those rents actually received.
<br /> ». Events of Default. The following shail 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 the Loan Instruments, or any other
<br /> lien or encumbrance upon the Property; �
<br /> I (c) A writ of execution or attachment 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 statute, law or
<br /> regulation relating to bankruptcy, insolvency or other relief for debtors; or there shall be appointed any trustee, receiver or liquidator of Trustor
<br /> or Borrower or of all or any part of the Property, or the rents, issues or profits thereof, or Trustor or Borrower shall make any general
<br /> 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 Praperty,
<br /> either voluntarily or involuntarily, without the express written consent of Lender; provided that Trustor shall be permitted to execute a lease of
<br /> the Property that does not contain an option to purchases and the term of which does not exceed one year;
<br /> (f) Abandonment of the Property; or
<br /> ) If Trustor is not an fndividual, the issuance, sale, transfer, assignment, conveyance or encumbrance of more than a total
<br /> of N��' percent of (if a corporation) its issued and outstanding stock or (if a partnership) a total of N/A percent of
<br /> partnership interests during the period this Deed of Trust remains a lien on the Property. ,
<br /> �2. Remedies; Acceleration Upon Default. In the event of any Event of Default Lender may, without notice except as required
<br /> by law, declare all indebtedness secured hereby to be due and payable and the same shall thereupon become due and payeble 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 in the
<br /> 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 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 remedy herein conferred upon or reserved to Trustes or Lender is (ntended to be exclusive of any other remedy herein, in the Loan
<br /> Instruments or by law provided or permitted, but each shaH be cumulative, shaii be in addition to every other remedy given hereunder, in the
<br /> i Loan Instruments or now or hereafter existing at law or in equity or by statute, and may be exercised concurrently, independently or
<br /> successively.
<br /> �a. 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 the
<br /> Property, for any loss or damage unless due to reckless or wiilful misconduct, and shall not be required to take any act(on in connection with
<br /> the enforcement of this Deed of Trust uniess indemnified, in writing, for all costs, compensation or expenses which may be associated
<br /> therewith. In addition, Trustee may become a purchaser at any sale of the Property (judic(al or under the power of sale granted herein);
<br /> postpone the sate of all or any portion of the Property, as provided by law; or sell the Property as a whole, or in separate parcels or lots at
<br /> Trustee's discretion.
<br /> ia. Fees and Expenses. In the event Trustee selis the Property be exercise of power of sale, Trustes shall be entitled to apply any
<br /> sale proceeds first to payment of all costs and expenses of exercising power of sale, including all Trustee's (ees, and Lender's and Trustee's
<br /> attomey's fees, actually incurred to extent permitted by applicable law. In the event Borrower or Trustor exercises any right provided by law to
<br /> cure an Event of Default, Lender shall be entitled to recover from Trustor all costs and expenses actually incurred as a result of Trustor's
<br /> default, including without limitation all Trustee's and attorney's fees, to the extent permitted by applicable Iaw.
<br /> F7327.LM0(7/BS) , Page 2 af 4
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