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<br /> 7. Eminent Domain. Lendar is hereby as ' enaation, awards, damaees and other payments or ralief (hereinafter "Proceeds")
<br /> in connection with condemnatio of the Proparty or part thereof, or for conveyance in lieu of condemnation. Lender shall
<br /> taken or damaqad, ler�d,9C;; ion in its s�1e and absolute discretion, to apply ail such Proceeds, after deducting therefrom
<br /> all costs and exp In connection with euch Proceeds, upon any indebtedness secured hereby and in such order as
<br /> Lender may dK pply all such Proceeds, after such deductions, to the restoration of the Property upon such conditions as
<br /> Lendertna�{` y spplicetion of Proceeds to indebtedness shall not extend or postpone the due date of any payments under
<br /> the N+Dtl,or�our�any default thereunder or heraunder.Any unapplied funds shall be paid to Trustor.
<br /> .8. P�rForm�noe by Lsnder. Upon the occurrence of an Event of Default hereunder, or if any act is taken or legal proceedinp
<br /> commenced which materially affects Lender's interest in the Property, Lender may in its own discretion, but without obligation to do so, �
<br /> and without notice to or demand upon Trustor and without releasing Trustor from any obligation, do any act which Trustor has apraed
<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 interest 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 hereunder.
<br /> 9. Hezardous Materiels.Trustor shall keep the Property in compliance with all applicable laws, ordinances and rapulations relatinp to
<br /> industrial hygiene or environmental protection (collectively referred to harain as "Environmantal Laws"1. Trustor shall keep the Property
<br /> free from sll eubstances deemad to be hazardous or toxic under any Environmental Laws (collactively referred to herein as "Hazardous
<br />� t�ci111 "� �u�or tt�q�y Mrs�ants�nd represent�to Lendsr that there aro no Hazardoue Material on or under tha Property. Trustor
<br /> �I��i�Mtl�i hemnku Lendbr, its directors, officers, err�ployees and aflents, and any euccassors to Lendar's
<br /> inte►eat, from and aAainst any and all claims, damages, losses and liabilities arising in connection with the presence, usa, 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. A�sipnmsnt of R�nts. Trustor hereby assipns to Lender, and prants Lender a security interest in, all present, future and after
<br /> risMp rents, issues end profits of the Property; provided that Truetor ehall, until the occurrence of an Event of Default hereunder, have
<br /> the riyht to collect and retein such rents, issues and profits as they become due and payable. Upon the occurrence of an Event of
<br /> Defautt, Lender may, either in parson or by egent, with or without brin9ing any action or proceadinQ, or by a recaivar appointed by e
<br /> court end without repard to the adequacy of its security, enter upon and take possession of the Property,or any part thereof, in ite own
<br /> name or in the name ot the Trustea, and do any acts which it deems necessary or desirable to preserve the value, marketability or
<br /> rentability of the Property, or any part thereof or interest therein, or to increaee the income therefrom or protact the sacurity hereof and,
<br /> with or without taking possession of the P�operty, sue for or otherwise collect the rents, issues and profits thereof, including those past
<br /> due and unpaid, by notifying tena�ts to make payments to Lender. Lender may apply rents, issues end profite, less costs and axpanses
<br /> of operation and collection including attorneys'fees,to any indebtedness secured hereby,all in such order ae Lender may determine.The
<br /> enterinp upon and takinp possession of the Property, the collection of such rents, issues and profits, and the application thereof as
<br /> aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act dona in response to such default or
<br /> pursuant to such notica of default and, notwithstanding the continuance in possession of the Property or the collection, receipt and
<br /> application of rents, issuas or profits, Trustee and Lender ahall be entitled to exercise 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 those rents actually received.
<br /> 1 1. Events of Default.The following shall constitute an Event of Default under this Deed of Trust:
<br /> (a1 Failure to pay any installment of principal or interest of any othsr sum secured hereby when due;
<br /> (b)A breach of or default under any provieion contained in the Note,this Deed of Trust,any of the Loan Instrumente, or any
<br /> other lian or encumbrance upon the Property;
<br /> (c) A writ of axecution 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)Thera shall ba filed by or egeinst Truator or Borrower an action under any present or future federal,state or other statue, law
<br /> or reyulation relatiny to bankruptcy, insolvency or other relief for debtors;or there shell be appointed any trustee, receivar 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 /> shell make any ganeral aseignment for the benefit of creditors;
<br /> (e)The sale,transfer, lease,aseienment,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 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 /> (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 total of N�p percent of
<br /> partnership interests, or (if a limited liability company) a total of N/p percent of the limited liability company interests or voting
<br /> rights durina the period this Deed of Trust remains a lien on the Property.
<br /> 12.Remedies;Acceleration Upon Default. In the event of any Evant of Default Lender may, without notice except as required by law,
<br /> declare all indebtedness secured hareby to be due and payable and the same shall thereupon become due and payable without any
<br /> presantment, damand, protast or notice of any kind.Thereafter Lender may:
<br /> (a) Demand that Trustee axercise 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 mortgaQe, appoint a receiver, or specifically enforce any of the
<br /> covanante hereof.
<br /> No remedy herein conferrad upon or reserved to Trustee or Lender is intended to ba exclueive of any other remedy herain, in tha Loan
<br /> Instruments or by law provided or permitted, but each shall be cumulative, shall be in addition to every other remedy given hereunder, in
<br /> the Loan Instruments or now or hereafter existing at law or in equity or by statute, and may be exercised concurrently, independently or
<br /> successivaly.
<br /> 13.Trustee.The Trustee may resi9n 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 /> the Property, for any loss or damage unless due to reckless or willful misconduct, and shall not be required to take any action in
<br /> connection with the enforcement of this Deed of Trust unless indemnified, in writing,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 /> parcels or lots at Trustee's discretion.
<br /> 14. Fees end Expenses. In the event Trustee 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 all Trustee's fees, and Lender's and Trustee's
<br /> attorney's fees, actually 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 applicable law.
<br /> 15. Future Advances. 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 this 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 tha original principal amount stated herein,or 5 $13,700.00 , whichever is greater.
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