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<br /> , �. Performance by Lender. upon the occurrence of an Event of Default hereunder, or if any act is taken o I�al proceeding
<br /> commenced which materially affects Lender's interest in the Property, Lender may in its own discretion, but without obligation to do so, and
<br /> without notice to or demand upon Trustor and without releasing Trustor from any obligation, do any act which Trustor has agreed but failed
<br /> to do and may also do any other act it deems necessary to protect the security hereof. Trustor shall, immediately upon demand therefor by
<br /> Lender, pay to Lender all costs and expenses incurred and sums expended by Lender in connection with the exercise 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 /> 9. H8Z8fdOUS M8tef181S. Trustor shall 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 "Environmental 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 "Hazardous 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 liabilities arising in connection with the presence, use, disposal or transport of any Hazardous
<br /> Materials on, under, from 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, and grants Lender a security interest in, all present, future and after
<br /> arising rents, issues and profits of the Property; provided that Trustor shall, until the occurrence of an Event of Default hereunder, have the
<br /> right to collect and retain such rents, issues and profits as they become due and payable. Upon the occurrence of an Event of Default,
<br /> Lender may, either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and
<br /> without regard to the adequacy of its security, enter upon and take possession of the Property, or any part thereof, in its own name or in the
<br /> name of the Trustee, and do any acts which it deems necessary or desirable to preserve the value, marketability or rentability of the Property,
<br /> or any part thereof or interest therein, or to increase the income therefrom or protect the security hereof and, with or without taking
<br /> possession of the Property, sue for or otherwise collect the rents, issues and profits thereof, including those past due and unpaid, by
<br /> notifying tenants to make payments to Lender. Lender may apply rents, issues and profits, less costs and expenses of operation and
<br /> collection including attorneys' fees, to any indebtedness secured hereby, all in such order as Lender may determine. The entering upon and
<br /> taking possession of the Property, the collection of such rents, issues and profits and the application thereof as aforesaid, shall not cure or
<br /> waive any default or notice of default hereunder or invalidate any act done in response to such default or pursuant to such notice of default
<br /> and, notwithstanding the continuance in possession of the Property or the collection, receipt and application of rents, issues or profits,
<br /> Trustee and Lender shall be entitled to exercise every right provided for in any of the Loan Instruments or by law upon occurrence of any
<br /> Event of Default, including without limitation the right to exercise the power of sale. Further, Lender's rights and remedies under this
<br /> paragraph shall be cumulative with, and in no way a limitation on, Lender's rights and remedies under any assignment of leases and rents
<br /> recorded against the Property. Lender, Trustee and the receiver shall be liable to account only for those rents actually received.
<br /> 1i. Events of Default. The following shall 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 /> (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
<br /> Trustor 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
<br /> general 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 Property,
<br /> either voluntarily or involuntarily, without the express written consent of Lender; provided that Trustor shal� be permitted to execute a
<br /> lease of 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 /> (g) If Trustor is not an individual, the issuance, sale, transfer, assignment, conveyance or encumbrance of more than (if a corporation)
<br /> a total of percent of its issued and outstanding stock, or (if a partnership) a total of percent of
<br /> partnership interests, or (if a limited liability company) a total of percent of the limited liability company interests or
<br /> voting rights during the period this Deed of Trust remains a lien on the property.
<br /> 12. 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 payable 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 specificaily enforce any of the
<br /> covenants hereof.
<br /> No remedy herein conferred upon or reserved to Trustee or Lender is intended to be exclusive of any other remedy herein, in the 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 the
<br /> 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 /> is. 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 wiliful misconduct, and shall not be required to take any action in connection with
<br /> the enforcement of this Deed of Trust unless 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 Qudicial or under the power of sale granted herein);
<br /> 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 parcels or lots at
<br /> Trustee's discretion.
<br /> 1a. Fees and Expenses. ir, the event Trustee selis the Property by exercise of power of sale, Trustee 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 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 law to
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