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<br /> 99- 1(�44�1 , ..�.,�
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<br /> 7. Eminent Domaln. Lender is hereby assigned all compensation, awards, damagea and other paymenta or relief (herelnefter "Proceeda"1�
<br /> in connection with condemnation or other taking ot the Property or part thereof, or for conveyance In Ileu of condemnation.lender ehall;
<br /> taken or damaged, Lender shall have the option in its sole and absolute discretion,to apply all such Proceeds, efter deducting thereirom�5�,.��.
<br /> ell coste end expenaes incurred by it in connectlon with such Proceeda, upon any Indebtednese aecured hareby end in such orda� as,��+.°
<br /> Lender may determine, or to apply all such Proceeds, after such deductions, to the restoratlon of the Property upon such conditione ea'�.t,,
<br /> Lender may determine. Any applicat(on of Proceeds to indebtedness shall not extend or postpone the due dete of any payments under °'<;;:
<br /> the Note,or cure any default thereunder or hereunder. Any unapplied funds shall be paid to Trustor. '•'' � y"�
<br /> 8. Pe�formence by Lender. Upon the occurrence of an Event of Defeult hereunder, or if eny act la teken or legel proceeding ;"y�
<br /> commenced which materially aifecta Lender's interest in the F�ropQrty,Lender may in ita own discretfon,but without o b l iget ion to do so,�,<5�,,,;�y,;�
<br /> and without noUce to or demand upon Trustor'and without releasing Trustor from any obifgetion,do eny act which Truator hea egreed. ;';�:
<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 ail costs and expenses incurred and sums expended by Lender in connection with the exercise by ,,
<br /> Lender of the foregoing rights, together with interest thereon at the default rate provided in the Note, which shall be added to the ����pf
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<br /> indebtedness secured hereby. Lender shall not incur any liability because of anything it may do or omit to do he�[eu der, f;.
<br /> 9.Hazardous Mate�lals.Trustor shall keep the Property in compliance with all applicable laws, ordinances'aA�te¢Ulatlo�s relating to
<br /> industrial hygiene or environmental protection (collectively referred to herein as "Environmental Lews"1. Trustor shall keep the Property ;�`
<br /> iree trom all substances deemed to be hazardous or toxic under any Environmental laws (collectively referred to herein as "Hazardous
<br /> Materials"1. Trustor hereby warrants and represents to Lender thet there are no Hezerdous Material on or under the Property. Trustor
<br /> hereby egrees to indemnify and hold harmless Lender, its directors, officers, employees and egents, and eny successora to Lender's
<br /> (nterest, irom and against any and all claims, damages, losses and liabilities arisfng in connection with the presence, use, disposal or
<br /> transport of any Hazardous Materfals on, under, from or about the Property.THE FOREGOING WARRANTIES AND REPRESENTATIONS,•
<br />' AND TRUSTOR'S OBLIGATIONS PUHSUANT TO THE FOREGOING INDEMNITY, SHALL SURVIVE RECONVEYANCE OF THIS DEED OF
<br /> TRUST.
<br /> 10. Asaignment of Rents. Trustor hereby assigns to Lender, and grants Lender a secu�fty interest in, all present, future and after
<br /> rising rents, issues and profits of the Property; provided that Trustor shall, until the occurrence of en Event of Defauit hereunder, have
<br /> the right to collect and retain such rents, issues and profits as they become due and payable. Upon the�occurrence of en Event of
<br /> Default, Lender may, either in person or by agent, with or without bringing any action or proceeding, or by e receiver appointed 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 desireble to preserve the velue; marketability or
<br /> rentabiflty ot the Property, or any part thereof or interest therein, or to increaee the Income therefrom or protect the security hereof and,
<br /> with or wfthout teking possession of the Property, eue for or otherwise collect the renta, Isaues and proffta thereof, including those pest
<br /> due and unpaid, by notifying tenants to make payments to Lender. Lender may epply rents, issues and profite, less costa end expenses
<br /> of operation and collection including attorneys' teea,to eny Indebtedness secured hereby, eil in euch order ae Lender mey determine.The,
<br /> entering upon and taking possession of the Property, the coliection of auch rents, leaues end profita, end the applicetion thereof es
<br /> aforesaid, shall not cure or weive any default or notice of defauit hereunder or Inveildete eny ect done in reaponse to auch default or
<br /> pursuant ta such notice of defauit and, notwithstanding the continuance in possession of the Property or the collectlon, receipt and
<br /> application of rents, issues or profits, T�ustee and Lender shall be entitled to exercise every right provided for in any of the Loan
<br /> Instruments or by law upon occurrence of eny Event of Default, including without (imitation the right to exercise the power of sale.
<br /> Further, Lender's rights and remedies under this paragraph shall be cumulative with, and in no way a flmitation on, Lender's rights 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 /> 1 1. Events of Detault.The following shall constitute an Event of Default under this Deed of Trust: • ."' � ,
<br /> (a) Failure to pay any instaliment of p�incipal or interest of eny other aum 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 attachment or eny similar process shall be entered egainst Truator which ehell become e lien on the
<br /> Property or any po►tion tliereof or Interest tiierein;
<br /> (d) Tliere sfiell be filed by or ageinst Trustor or Borrower an actfon under eny present or future tederal, atete or other statue,law
<br /> or re ulation relating to benkruptcy, insolvency or other reilef for debtore;or there ahall be appolnted eny truatee, recelver o� I�
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<br /> r ot the Pro ert or the rente,lesues or prollte thereof,ot Truator or Borrower ;
<br /> Iiquidetor ol Trustor or Bortower or ot ell or any pa t p Y,
<br /> RheO meke eny gene►el eeelgnment (or tl�e benefU nf aiedllo�e;
<br /> (e)The sele,transter,lease, easignment,conveyence or furtlier encumbrance of all or eny part oi or eny Interest in tlie Property,
<br /> eftl�er voluntarily or Invotuntarily,without tfie express written consent of Lender;provided thet Trustor shell 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 than (if a
<br /> corporation) a total of N/A percent of its issued and outstanding stock, or (if a partnership) a totai of N/A percent of
<br /> partnership interests, or (�i# a limited ifability company) a total of N�p percent of the Ilmited Ilability company nterests or voting
<br /> rights during the period this Deed oF Trust remains a lien on the Property.
<br /> 12. Remadies;Acceleretion Upon Defeuit.In the event of any Event of Default Lender may,without notfce except as required by law,
<br /> declare ail indebtedness secured hereby to be due and payable end the same shall thereupon become due and payable without any
<br /> presentment,demand, protest or notice oi any kind.Thereafter Lender may: �• •
<br /> (a)Demand that Trustee exercise the POWER OF SALE gra�ted herein, and Trustee shall thereafter cause Trustor's interest
<br /> in the Property to be sold and the proceeds to be dfstributed, all in the manner provided in the Nebraske,Trust Deeds Act;
<br /> (b) Exercise any and all rights provided for in any of the Loan Instruments or by lew upon occurrence of any Event ,of
<br /> Detault; and �
<br /> (c)Commence an action to foreclose this Deed of Trust es a mortgage, appolnt a receiver,or speciflcally enforce eny vf the
<br /> covenanta hereof. '
<br /> No remedy herein conterred upon or reserved to Trustee or Lender fs Intended to be exclusive of any other remedy herein, in the Loen
<br /> Instruments or by law provided or permitted, but each shail be cumulative, shail be In addition to eve�y other remedy given hereunder, in
<br /> the Loan Instruments or now or hereafter ex(sting at law or in equ(ty or by statute, and may be exercised concurrently, independently or
<br /> successively.
<br /> 13. Trustee. The Trustee may resign at any time without ceuse, and lender mey at any time and without cause appoint e successor
<br /> or substitute Trustee. Trustee shall not be Ilable to eny party, including without Ilmitation Lender, Borrower, Trustor or any purcheser ot
<br /> the 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 wfth the enforcement of this Deed of Trust unless indemnified, In writfng, for all 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 the sale of all or any portion of the Property, as provided by law;or sell the Property as a..whole, or in separate
<br />� parcets or lota at Trustee's discretion.
<br /> 14. Fees and Expenses.In the event Trustee seils the Property by exercise of power of sale,Trustee ahall be entitled to apply eny sale
<br /> wer of sale includin all Trustee's fees, end Lender's and Trustee's
<br /> II osts and ex enses of exercisin o . 9
<br /> P
<br /> roceeds first to payment of a c p 9 P
<br /> attorney's fees, actuaily 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 epplicable lew.
<br /> 15. Future Advencea. Upon request of Borrower, Lender may, at its option, make additional and future advances and readvances to
<br /> Borrower. Such advances and readvances, with interest thereon, shall be secured by th(s 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 710',�0.00 ,whichever fs greater.
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