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<br /> 7. Eminent Domain. Lender is hereby assigned all.co�Reingataen, awards, damages and other payments or relief (hareinafter "Procaeds")
<br /> in connection with condemnation or other taking of the Property 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 conditions as
<br /> Lender may determine. Any applicetion of Proceeds to indebtedness shell not extend or postpone the due date of eny payments under
<br /> the Note, or cure any default thereunder or hereunder.Any unapplied funds shall be paid to T►ustor.
<br /> 8. Performance by Lender. Upon the occurrence of an Event of Defeult hereunder, or if any act is taken or lepal proceeding
<br /> commenced which materially affects Lender's interest in the Property, Lender mey in ita own discretion, but without obligation to do ao,
<br /> and without notice to or demand upon Trustor and without releasing Trustor from any obligation, do eny act which Trustor hea 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 connection with the exercise by
<br /> Lender of the foregoing rights, together with iriterest fhe�eon e�¢he default rate provided in the Note, which shall be edded to the
<br /> indebtedness secured hereby. Lender shall nof incur any liability beceuse of anything it may do or omit to do hereunder.
<br /> 9. Hazardous Materials. Trustor shall keep the Property in compliance with all applicable laws, ordinances and regulations relating to
<br /> industriel hygiene or environmental protection (collectively referred to herein as "Environmental Laws"►. Trustor shell keep the Property
<br /> free from all substances deemed to be hazardous or toxic under any Environmental Laws (collectivaly referred to herein as "Hezardous
<br /> Materials"►. T�ustor 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, ita directore, ofticers, employeea and egants, and any auccessors to Lender's
<br /> interest, 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 TO THE FOREGOING INDEMNITY, SHALL SURVIVE RECONVEYANCE OF THIS DEED OF
<br /> TRUST.
<br /> 10. Assignment of Renta. Trustor hereby assigns to Lender, end grents Lender a security interest in, all prasent, future and after
<br /> rising rents, issues and profits of the Property; provided thet Trustor ahall, until tha occur►ence of en Event of Default heraunder, 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 any action or proceeding, or by a receiver appointed by a
<br /> court and without ragard to the edequacy 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, markatebility or
<br /> rentability 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 pest
<br /> due and unpeid, by notifyi�g tena�ts to meke payments to Lender. Lender may apply rents, issuea and profits, less costs and expenses
<br /> of operation and collection including attorneys'fees,to any indebtedness secured hereby,al) in such order as Lender may determine.The
<br /> entering upon end taking possession of the Property, the collection of such rents, issues end profits, and the applicetion thereof as
<br /> aforesaid, shall not cure or waiva any defeult or notice of default heraundar or invalidete any ect done in response to such default or
<br /> pursuant to such notice of default end, notwithstanding the continuance in possession of the Property or the collection, receipt and
<br /> applicetion of rents, issues or profits, Trustee and Lender shell be entitled to exerciae 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, and in no way a limitation 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 thoae rents actually received.
<br /> 1 1. Evs�ts of Dsfault.The following shall constitute an Event of Default under this Deed of Truat:
<br /> (a) Failure to pay any installment of principal or interest of any 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 ot execution or attachment or any similar process ahall be entered againat Trustor which shall become e lien on the
<br />, Property or any portion thereof or interest therein;
<br /> icii There ahell be filed by or egainat Trustor or Borrower an action u�der eny preaent or futu►e fs�ernt�tste or otf►e►statue,lew
<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 any part of the Property,or the rents, issues or profits thereof,or Trustor or Borrower
<br /> shall make any general assig�ment for the benefit of creditors;
<br /> (e)The sale,transfer, lease,assignment,conveyance or further ancumbrance of ell or any part of or any interest in tha 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 /> (t) Abandonment of the Property; or
<br /> (g) If Trustor is not an individual, the issuance, sa�e, transfer, assignment, conveyance or encumbrance of more than (if a
<br /> corporation) a total ot N/A percent of its issued and outstanding stock, or (if a partnership) e totel of N/A parcent of
<br /> partnership interests, or (�mited liability company) a total of q�q percent of the limited liebility compeny interests or voting
<br /> rights during the period this Deed of Trust remains a lien on the Property.
<br /> 12.Remsdiss;Acceleration Upon Default. In the event of eny Evant of Defeult Lender may, without notice except as required by law,
<br /> declare all indebtedness secured hereby to be due and payabla and the same shall thareupon become due and payable without a�y
<br /> presentment,demand,protest or notice of any kind.Thereafter lender mey:
<br /> (a) Demand thet 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 Truat as a mortgage, appoint a receiver,or specifically enforce eny of the
<br /> covenants hereof.
<br /> No remedy herein conferred upon or reserved to Trustee or Lender ie intended to be excluaive of any other remady herein, in the Loan
<br /> Instruments or by law provided or permitted, but each shall be cumulative, shell be in addition to every othar remedy given hereunder, in
<br /> the Loan Instruments or now or hereafter existing at law or in equity or by statute, end may be exarcised concurrently, independantly or
<br /> successively. _
<br /> 13.Tru�tes. The Trustee may resign at any time without ceuae, and Lender may at any time and without aause appoint e successor
<br /> or substitute Trustee. Trustee ahall not be liable to any perty, including without limitation Lender, Borrower, Truator or any purchaser of
<br /> the Property, for any loss or damage unless due to recklesa or willful misconduct, and shall not ba requirad to teke any ection i�
<br /> connection with the enforcement of this Deed of Trust unless indemnifiad, in writing, for all costs, compensation or expenses which may
<br /> be associated therewith. In addition, Trustee may become a purchaser et 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 /> parcels or lota at Trustae's discretion.
<br /> 14. Fees and Expenses. In the event Trustee sells the Property by axarcisa of power of sale,Trustee shall be antitlad to apply any sale
<br /> proceeds first to payment of all costs and expenses of exercising power of sale, including ell Trustee's feea, and Lender's and Trustee's
<br /> attorney's fees, actually incurred to extent permitted by applicable law. In the event Borrower or Trustor exerciaes any right provided by
<br /> law to cure an Event of Default, Lender shall be entitled to recover from Trustor all costa and expenses actuelly incurred es a ►eault of
<br /> Trustor's dafault, including without limitation all Trustee's and attorney's feea,to the extent permitted by applicable law.
<br /> 15. Futurs Advsnces. Upon request of Borrower, Lender may, at ita option, make additional end future advancea and readvences to
<br /> Borrower. Such advances and readvances, with interest thereon, shall be secured by this Dead 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 steted herein, or S E0.00 , whichever is greater.
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