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200112870
<br />securing the Note (including the Property) during each Loan Year (as defined in the
<br />Note), provided the applicable conditions set forth in the Note are satisfied.
<br />21. ACCELERATION; REMEDIES.
<br />a. Acceleration and Power of Sale. Upon Trustor's or any Borrower's breach of
<br />any covenant or agreement of Trustor in this Instrument or the Loan Documents, including, but
<br />not limited to, the covenants to pay when due any sums secured by this Instrument, Lender, at
<br />Lender's option, may declare all of the sums secured by this instrument to be immediately due
<br />and payable without further demand, and may invoke the power of sale and other remedies
<br />permitted by applicable law or provided herein. Lender shall be entitled to collect all costs and
<br />expenses incurred in pursuing such remedies, including, but not limited to, reasonable attorneys'
<br />fees and costs of documentary evidence, abstracts and title reports.
<br />If Lender invokes the power of sale, Lender shall execute or cause Trustee to execute a
<br />written notice of the occurrence of an event of default and of Lender's election to cause the
<br />Property to be sold and shall cause such notice to be recorded in each county in which the
<br />Property or some part thereof is located. Trustee shall give notice of default and notice of sale
<br />and shall sell the Property according to applicable law. Trustee may sell the Property at the time
<br />and place and under the terms designated in the notice of sale in one or more parcels and in such
<br />order as Trustee may determine. Trustee may postpone sale of all or any parcel of the Property
<br />by public announcement at the time and place of any previously scheduled sale and in accordance
<br />with applicable law. Lender or Lender's designee may purchase the property at any sale.
<br />The Trustee shall deliver to the purchaser a Trustee's Deed upon sale conveying the
<br />Property so sold without any covenant or warranty, expressed or implied. The recitals in the
<br />Trustee's Deed shall be prima facie evidence of the truth of the statements made therein. The
<br />Trustee shall apply the proceeds of the sale in the following order: (i) to all costs and expenses
<br />of the sale, including, but not limited to, Trustee's and attorneys' fees and costs of title evidence;
<br />(ii) to all sums secured by this Instrument in such order as Lender, in Lender's sole discretion,
<br />directs; and (iii) the excess, if any, to the person or persons legally entitled thereto.
<br />b. Foreclosure as Mortgage. This Instrument shall be effective as a mortgage as
<br />well as a deed of trust and may be foreclosed as a deed of trust or a mortgage as to any of the
<br />Property in any manner permitted by the laws of the State of Nebraska.
<br />C. Receiver. In addition to all other remedies herein provided, Lender shall, as a
<br />matter of right, be entitled to an ex parte appointment of a receiver or receivers without notice,
<br />notice being hereby expressly waived, for all or any part of the Property without regard to the
<br />value of the Property or the solvency of any person or persons liable for the payment of the Note
<br />and Trustor does hereby consent to the appointment of such receiver or receivers, waives any and
<br />all defenses to such appointment, and agrees not to oppose any application therefor by Lender,
<br />but nothing herein is to be construed to deprive Lender of any other right, remedy or privilege it
<br />may now have under the law to have a receiver appointed; provided, however, that the
<br />appointment of such receiver, trustee, or other appointee by virtue of any court order, statute, or
<br />regulation shall not impair or in any manner prejudice the rights of Lender to receive payment of
<br />the rents and income. Any money advanced by Lender in connection with any such receivership
<br />shall be a part of the indebtedness secured hereby and shall be payable by Trustor to Lender as
<br />provided in this Instrument. The receiver or its agents shall be entitled to enter upon and take
<br />possession of any and all of the Property. The receiver, personally or through its agents or
<br />attorneys, may exclude Trustor and its agents, servants, and employees wholly from the Property,
<br />and have, hold, use, operate, manage, and control the same and each and every part thereof, and
<br />keep insured the properties, equipment, and apparatus provided or required for use in connection
<br />with the business or businesses operated on the Property, and make all such useful alterations,
<br />additions, betterments, and improvements as the receiver may deem judicious. Such receivership
<br />shall, at the option of Lender, continue until full payment of all sums hereby secured, or until title
<br />to the Property shall have passed by foreclosure sale under this Instrument and the period of
<br />redemption, if any, shall have expired.
<br />22. ENVIRONMENTAL MATTERS
<br />a. Defined Terms. As used in this paragraph, the following terms shall have the
<br />following meanings:
<br />(1) "Contaminant" means any pollutants, hazardous or toxic substances or
<br />wastes or contaminated materials including but not limited to oil and oil products,
<br />asbestos, asbestos containing materials, urea formaldehyde foam insulation, transformers
<br />or other equipment which contain dielectric fluid containing levels of polychlorinated
<br />biphenyls, flammables, explosives, radioactive materials, laboratory wastes, chemicals,
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