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<br /> 7, Emin�nt Darnain:,Lender ia he►eby esaigned ell oompenaation, ewerda, demagey end othe►peymenta or relief (heroinefter "Proceede") '
<br /> in connection with aondemnation or other taking of the Property or pert thereof, or for conveyance in lieu of condemnetion. Lender ehall
<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 end in such order es '
<br /> Lender may determi�e, or to apply all such Proceeds, after such deductions, to the restoration of the Property upon such conditions es '
<br /> Lender may determine. Any application of Proceeds to indebtedness shall not extend or postpone the due date of eny payments under '
<br /> the Note, or cure any default thereunder or hereunder. Any unapplied funde shall be paid to Truator.
<br /> 8. Pe►formance by Lender. Upon the occurrence of en Event of Default hereunder, or if'any ect is taken o► legel proceeding
<br /> commenced which materielly affects Lender's interest in the Property, Lender may in its own discretion, but without obligetion to do so, '
<br /> and without notice to or demand upon Trustor and without releasing Trustor from any obligation, do eny ect which Trustor has eproed '
<br /> but fails to do end 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 exerciae by '
<br /> lender of the foregoing rights, together with interest thereon at the defeult rate provided in the Note, which shell ba edded to the
<br /> indebtedness secured hereby. Lender shall not incur any liability because of enything it may do or omit to do herei�nder. '
<br /> 9. Hezardous Meterials. Trustor shall keep the Property i� compliance with all eppliceble lewa, ordinances and ropulationa releting to '
<br /> industrial hygiene or environmental protection (collectively referred to herein as "Environmentel Lews"�. Truator ahell keep the Property '
<br /> free from all substances deemed to be hazerdous or toxic under eny Environm�tntel Lews (oollectively referred to heroin es "Hezeidous '
<br /> Materials"►. Trustor hereby warrants and represents to Lender that there are no Hezerdous Material on or under the Property. Trustor
<br /> hereby agrees to indemnify and hold harmless Lender, its directors, officers, employees end epente, end eny succesaota to Lender's '
<br /> interest, from and egai�st any and all claims, damages, losses and liebilities arising in connection with the presence, use, disposel or
<br /> transport of any Hezerdous Materials on,under, from or ebout the Property. THE FOREOOINO WARRANTIES AND REPRESENTATIONS, '
<br /> AND TRUSTOR'S OBLIGATIONS PURSUANT TO THE FOREGOING IPJD�MN!TY, SHALL SURVIVE RECONVEYANCE OF THiS DEED OF
<br /> TRUST.
<br /> 10. As�iynm�nt of Rents. Truator heroby asaipns to Lender, ahd qrents Lsnder e securlty tntsrest in, sll pree�t, futurb end aftbr
<br /> riaing renta, isaues and profits of the Property; provided that Trustor ehall, until the occurrence of en Event of Defeult hereunder, heve
<br /> the right to collect and retain such rents, issues and profits as they become due and peyable. Upon the occurrence of an Event of
<br /> Default, Lender may, either in person or by egent, with or without bringing any ection or prooaeding, or by e receivar appointed by e
<br /> court end without regard to the adequacy of its security, enter upon end take possession of the Property, or any pe►t thereof, in ite own
<br /> name or in the name of the Trustee, and do eny acts which it deems necessary or deairable to preaerve the velue, merketebility or
<br /> rentability of the Property, or e�y pert thereof or interest therein, or to increase the incoma the►efrom or protect the aecurity hereof and,
<br /> with or without taking possession of the Property, sue for or otherwise coltect the rents, isauea and profits thereof, includinp those past
<br /> due and unpaid, by notifying tenants to make payments to Lender. Lender may apply rants, issues end profita, less costs and expenses
<br /> of operation and collection including attorneys' fees, to any indebtedness aecured hereby,all in auch order es Lender mey determine.Tha
<br /> entering upon and taking possession of the Property, the collection of such rents, issuea and profite, and the epplication theraof as
<br /> aforesaid, shall not cure or weive any default or �otice of default hereunder or invalidete eny ect done in response to auch defeult or '
<br /> pursuant to such notice of defeult and, notwithstanding the continuance in possession of the Property or the collection, receipt end
<br /> application of rents, issues or profits, Trustee and Lender shall be entitled to exercisa every right providad 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 paragreph shall be cumulative with, end in no wey a limitation on, Lander's rights and
<br /> remedies under eny essignment of leases and rents recorded against the Property. Lender, Truatee end the receiver shell be liable to
<br /> account only for those rents actuelly received.
<br /> 11.Events of Deiault.The following shall constitute en Event of Default under this Deed of Trust: '
<br /> (a)Feilure to pay any installment of principal or interest of eny other sum secured herbby when due; '
<br /> (b)A breach of or default under any provision contained in the Note, this Deed of Trust,any of the Loen Inatruments, or eny
<br /> other lien or encumbrance upon the Property;
<br /> (c)A writ of execution or attechment or any aimiler process ehall be entered eqeinat Trueto►which shell beoome a lien on the
<br /> Property or any portion thereof or interest thereih;
<br /> (d)There shall be filed by or against Trustor or Borrower en action under any present or future federal,stete or other atetue,lew
<br /> or regulation relating to bankruptcy, insolvency or other rslief for debtors;or thers shall be eppointed eny trustee, receivet or
<br /> liquidator of Trustor or Borrower or of all or any part of tha Property, or the renta, iasues or profita thareof,or Trustor or Borrower
<br /> shall make any general assignment for ths beriefit ef croditora;
<br /> (e)The aale,trensfer,leeae, easignment,oonveyance or further encumbrance of all or eny pert of or eny intereat 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, aseignment, conveyence or encumbrence of more then tif e
<br /> corporetion) a total of N/A percent of ita issued end outatanding stock, or (if e pertnership) e total of N/A parcent of
<br /> partnership interests, or (if a limited liability company) e total of N/A percant of the limited liabilit com e�
<br /> rights during the period this Deed of Trust remains a lien on the Property. Y P Y �ntereata or voting
<br /> 12.Remediee;Acceleretion Upon Default. In the event of eny Event of Default lender mey, without notice except e� roquired by law,
<br /> declare all indebtedness secured hereby to be due and payable and the seme shall thereupon become due end peyable 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 she0 thereafter ceuae Truator's interest
<br /> in the Property to be sold and the proceeds to be distributed, all in the manner provided in the Nebraske Trust Deeds Act;
<br /> (b) Exercise any and afl rights provided for in any of the Loen Instruments or by lew upon occurrence of eny Event of
<br /> Default;end
<br /> (c) Commence en action to foreclose this Deed of Trust ea e mortyage, eppoint e roceiver,or apecificelly enforoe eny of the
<br /> covenants hereof.
<br /> No remedy herein conferred upon or reserved to Trustee or Lender is intended to be Axclueive of eny other temedy herein, tn thb Loen
<br /> Instruments or by law provided or permitted, but each shall be cumulative, shall be in eddition to every other remedy given herounder, in '
<br /> the Loan Instruments or now or hereafter existing at law or in equity or by atetute, end mey be exercised concurrently, indepe�dently or
<br /> successively.
<br /> 13. Trustee. The Trustee may resign at any time without oeuae, and Lemder may et eny time end without ceuae eppoint e eucceasor
<br /> or substitute Trustee. Trustee shall not be liable to any perty, including without limitetion Lender, Borrower, T►uato� or eny purcheaer of
<br /> the Property, for any loss or damage unlesa due to recklesa or willful misconduct, end shall not be required to take any ection in '
<br /> connection with the enforcement of this Deed of Trust unless indemnified, in writing, for ell coeta, compenaetion or expenaea which may
<br /> be associated therewith. In eddition, Truatee may bacome • pwchaser �t any esla of th� Property (jud�ciel or unde► the pewer of eele
<br /> granted herein►; postpone the eale of all or any portion of the Property, as provided by lew; or aell tha Property ea e whole, or in separote
<br /> parcels or lota et Trustee's discretion.
<br /> 14. Feee and Expenses. In the event Trustee sells tha proparty by exarcise of powe►oF dtlle,t►uetee shall be ehtttled to Appty eny eale
<br /> proceeds first to payment of ell costs and expenses of exercising power of sale, including ell Trustee's fees, and Lender's end Trustee's
<br /> attorney's fees, actually incurred to extent permitted by epplicable law. In the event Borrower or Trustor exercisea any right provided by '
<br /> law to cure an Event of Default, Lender shall be e�titled to recover from Truetor ell costs end expenaes actually incurred ea a reault of '
<br /> Trustor's default, including without limitation ell Trustee's and attorney's fees,to the extent permitted by appliceble lew. '
<br /> 15. Future Advences. Upon request of Borrower, Lender may, et ita option, make additionel end future edvencee end readvencea to '
<br /> Bo►rower. Such advances and reedvances, with interest theroon, shall be securod by thia Deed of Truat. At no tlme ahell the principal '
<br /> emount 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 s�22,000.00 , whichever is groater.
<br /> NBC34679 (�lonprlcdtv�l D�ed►Rev.e/96
<br /> 1988 N�tlonN Sadc et Commarea Tru�t and Swlrp�AyoN�tlon,Unl61n,NiAf�11t! � • , .. __ , . ;
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