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99-sc�ss4s .
<br /> 7. Eminent Domain. Lender is hereby assigned all compensatlon, aw�ards, damagas end other peyments or relief (herelnafter "Proceeds") "
<br /> in connection with condemnatlon or other taking of the Property or part thereof, or for conveyance In Ileu of condemnetlon. Lender shall
<br /> taken or damaged, Lender ahall have the optfon in its sole and absalute dfscration,to apply all such Proceede,after deducting therefrom
<br /> all coets end expenaea incurred by It In connectlon with such Proceeda, upon eny indebtednese eecured hereby and In such order as
<br /> Lender may determfne, or to apply all such Proceeds, after such deductions, to the restoratlon of the Property upon auch conditions as
<br /> Lender may determine. Any applicetion of Proceeds to Indebtednesa ahail not extend or postpone the due dete of eny paymenta under
<br /> the Note,or cure any default thereunder or hereunder. Any unapplied funds ahall be paid to Trustor.
<br /> 8. Pariormencs by Lender. Upon the occurrence of en Event of Default hereunder, or If eny ect Is taken or legel proceeding
<br /> commenced which materially affects Lender's interest in the Property, Lender may in ite own discretion,but without obligation to do ao,
<br /> end without notice to or demand upon Truator'and without releasing Trustoc from any obligetion, do eny act whlch Truator has 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 coats and expenses Incurred and sums expended by Lender in connection with the exercise by
<br /> Lender of lhe 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 ahall not incur any 1lability becauae of anything it may do or omit to do hereunder.
<br /> 9.Hezerdous Materials.Trustor shall keep the Property in compliance with all epplicable laws, ordinances and regulations relating to
<br /> Industrial hygiene or environmental protection (collectively referred to hereln as "Environmental Lawa"). Truator ehall keep the Property
<br /> free irom all substances deemed to be hezerdous or toxic under any Environmental Lews (collectively referred to herein as "Hazardous
<br /> Materials"). Trustor hereby warrants and represents to Lender that there are no Hezardous Material on or under the Property. Trustor
<br /> hereby agrees to indemnify and hold harmless Lender, its directors, officers, employees and egenta, end any successors to Lender's
<br /> interest, from and against any and ell claims, damages, losses and tiabilitins arising in.connection with the presence, use, disposai or
<br /> transport of any Hazardous Materials on, under, from or ebout the Property.THE FORE301NG WAFIRANTIES AND REPRESENTATIONS,
<br /> AND TRUSTOFi'S OBLIGATIONS PURSUANT TO THE FOREGOING INDEMNITY, SHALL SURVIVE RECONVEYANCE OF THIS DEED OF
<br /> TRUST.
<br /> 10. Aaatgnment of Rents. Trustor hereby assigns to Lender, and grants Lender a security interest In, all present, futu�e and after
<br /> rising rents, issues and profits of the Property; provided that Trustor shall, until the occurrence of an Event of Default hereunder, have
<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 /> Defeult, 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 regard to the adequacy of ita security, enter upon.an�l take posaession of the Property,or any part thereof, i� its own
<br /> neme or in the name of the Trustee, and do any acts which ft deema necessary or desirable to preaerve the value, marketability or
<br /> rentebflity of the Property,or any part thereof or interest tliereln, or to Increase the income therefrom or protect the security hereof and,
<br /> with o�without taking possesslon of the Property, sue for or otherwise collect the renta, Isaues end profits thereof, Including thoee past
<br /> due and unpaid, by notifying tenanta to make payments to Lender. Lender may apply renta, Issues and profita, less costs and expenses
<br /> of operation and collection including ettorneys' fees,to any indebtednesa secured hereby,all in such order as Lender may determine.The
<br /> entering upon end taking poasesalon of the Property, the collectlon of such rente, lesues and profita, and the eppllcatlon thereof es
<br /> eforesaid, shall not cure or waive any default or notice of deteult hereunder or Invelldete any act done In reaponae to such default or
<br /> pursuant to such notice of default and, notwithstanding the continuanca in possesslon of the Property or the collection, receipt and
<br /> application of renta, issues or profita, Trustee end Lender shall be entitted 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 �fghts and remedies under this paregreph shall be cumulative with, end In no way a limitation on, Lender's rights end
<br /> remedfes under any assignment of leases and rents recorded against the Property. Lender, Trustee and the receiver shall be Uable to
<br /> account only for those rents actually recelved.
<br /> 11. 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 provislon conta(ned(n the Note,this Deed of Trust, any of the Loan Instruments,or any
<br /> other lien or encumbrance upon the Property;
<br /> ic; : �::i:�f execui;on�t atta�t►m�r::�r eny s��llar nro�Asa shaD he Antered egeinst Truator which shall become a lien on the
<br /> Property or any portton thereof or tnterest therein;
<br /> (d)There shell be filed by or ageinst Truator or Borrower aro ection under any present or future federal,state or other statue,law
<br /> or regulation relating to bankruptcy, insolvency or other rel(ef for debtors;or there shall be eppointed any trustee, receiver or
<br /> liquidator of Trustor or Borrower or of all or any part of the Property, or the renta,issues or profita thereof,or Trustor or Borrower
<br /> shail make any general assignment for the benefit of creditors;
<br /> (e)The sale,transfer,lease,assignment, conveyance or further encumbrance of ell 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 optlon to purchase and the term of which doea not exceed one year;
<br /> (f) Abandonment oi the Property; or
<br /> (g) If Trustor is not an Individual, the issuance, sale, transfer, assignment, conveyance or encumbrance of more than (ff a
<br /> corporation) a total of N/A percent of its issued and outstanding stock, or (if a partnership) a total of rr/r+ percent of
<br /> partnership interests, or a imited Ilability company) a total of p�p percent of the Ifmited flability compeny interests or voting
<br /> rights during the period this Deed of Trust remains a lien on the Property.
<br /> 12. Remedles;Accaleratlon Upon Default. In the event of any Event of Defeult Lender may,without notice except as required by law,
<br /> 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 nney: ,, . .
<br /> (a) Demand that 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 Trust aa a mortgage, appoint a receiver,or specifically enforce any of the
<br /> covenants hereof.
<br /> No remedy herein conferred upon or reserved to Trustee or Lender is intended to be exclusfve of any other remedy herein, in the Loan
<br /> Instruments or by law provided or permitted, but each shall be cumulatave, ahall be in addition to every other remedy given hereunder,in
<br /> the Loan Instruments or now or hereafter exfstfng at law or in equity or by statute, and may be exercised concurrently, independently or
<br /> successively.
<br /> 13.Trustee. The Trustee may resign at eny time without cause, and Lender may at any time and without cause appoint a successor
<br /> or substitute Trustee. Trustee shall not be Ilable to any party, including without Iim(tation Lender, Borrower, Trustor or eny 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 herein); postpone the sale of all or any portion of the Property, as provided by law; or sell the Property as a whole, or tn separate
<br /> parcels o�lots at Trustee's discretion. �
<br /> 14.Fees and 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 Truatee'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�ight provided by
<br /> law to cure an Event of Default, Lender ahall be entitled to recover from Trustor all costs and expenaes actually incurred as e reault of
<br /> Trustor's default, including without limitation all Trustee's and attorney's fees,to the extent permitted by applicable law.
<br /> 16. Future Advences. Upon request of Borrower, Lender may, at its option, make additlonal and future edvances and readvances to
<br /> Borrower. Such advances and readvances, with interest thereon, shali be secured by this Deed of Trust. At no tfine shall the principal
<br /> amount of the indebtedness secured by this Deed of Trust, not including sums advanced to protect the aecurity of this Deed of Truat,
<br /> exceed the original principal amount stated herein,or 8 ' � ,whichever is greater.
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