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<br /> 7. Eminent Domeln. Lender Is hereby assigned all compensatlon, awards, darriagea end other paymenta or relief (herelnafter "Proceeds")
<br /> in connection wlth condemnation or other teking of the Property or part thereof, or for conveyance In Ileu of condemnatlon. Lender ahall
<br /> taken or damaged, Lender shall have the option in its sole and absolute discretion,to apply all such Proceeda,after deducting therefrom
<br /> all costs end expensea incurred by it i� connectlon with auch Proceeda, upon eny indebtedneae eecured hereby end in such order as
<br /> Lender may determine, or to apply el� such Proceeds, after such deductions, to the restoration of the Property upon such conditions as
<br /> Lender mey determine. Any appNcatfon of Proceede to indebtednesa shal! not extend or poatpone the due date of eny paymenta under
<br /> the Note,or cure any default thereunder or hereunder.Any unapplied funds shall be paid to Trustor.
<br /> S. Perfo�menca by Lender. Upon the occurrence of en Event of Default hereunder, or if any act Is taken or legel proceeding
<br /> commenced which materially affects Lender's interest in the Property, Lender may in its own discretion,but without obligation to do eo,
<br /> and without notice to or demand upon Trustor'and without releasing Trustor from any obligation, do any act which T�ustor has egreed
<br /> but fails to do and may aiso 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 he�eby. Lender ahall not incu any,liabilit�y beqause o4 enything it may do or omit to do hereunder.
<br /> 9. Hezardous Mate�lals.Trustor shall keep'tfi�Praperty in cori�piience with all applicable taws,ordinances and regulatians relating to
<br /> industrial hygiene or environmental protection (collectively referred to herein as "Environmental Laws"►. Trustor shall keep the Property
<br /> free from all substances deemed to be hazardous or toxic under any Environmental Laws (collectively referred to herein as "Hazardous
<br /> Materlals"). Trustor hereby warrents and representa to Lender that 4here are no Hazardous Material on or under the Property. Trustor
<br /> hereby agrees to indemnify and hold harmless Lender, Its directors, off�cers, employees and agents, end any successors to Lender's
<br /> inte�est, from and agafnst any and ail claims, damages, losses and flabilities erising in.connection with the presence, use, disposai or
<br /> tra^sport of any Hazardous Msteria;s on, �nder, from o�ebo::?the f'�ope!tr.THE FOREG�IfdG WARRANTIES AND flEPRESENTATIONS,
<br /> AND TRUSTOR'S OBLIGATIONS PURSUANT TO THE FOREL'iOING iNDEMNlTv, SHALL SURViVE RECOPivEYi�NCE OF T6-IIS DEEi3 OF
<br /> TRUST.
<br /> 10. Assignment of Renta. Trustor hereby assigns to Lender, and grants Lender a security interest in, all present, future 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 /> Defauit, 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 its security, enter upon and take possession of the Property, or any part thereof,in its own
<br /> name or in the neme of the Trustee, and do any acts which it deems necessary or desirable to preserve the value, markatability or
<br /> rentability of the Property,or any part thereof or interest therein, or to increase the income therefrom or protect the security hereof end,
<br /> with or without taking possession of the Property, sue for or otherwise collect the rents, Issues and profits thereof, Including those past
<br /> due end unpaid, by notifying tenants to make payments to Lender. Lender may apply rents, issues and profits, less costs and expenses
<br /> of operation and collection Including attorneys' fees,to any Indebtedness secured hereby, all in such order as Lender may determine.The
<br /> entering upon and takfng posaessfon of the Property, the collectfon of such rents, iasues end profits, and the application thereof as
<br /> aforesaid, shall not cure or waive any default or notice of default hereunder or Invalidate any act done in response to such default or
<br /> pursuant to such notice of default and, notwithstanding the continuance in possession of the Property or the collection, receipt and
<br /> application of rents, issues or profits, Trustee and Lender shall be entitled to exercise every right provlded 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 /> (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
<br /> other lien or encumbrance upon the Property;
<br /> (c) A writ of execution or aitachment or any similar procesa shall be entered against Trustor which ahall become a lien on the
<br /> orcger!y or nr.0 portinn therAOf o�interest therein;
<br /> (dj There shaii be filed by o�ageinst Trustor or norrower an e�tiun unaer any presen+t or�uture federaw,eiare or uther siat�;a,law
<br /> or regulation relating to bankruptcy, insolvency or other relief for debtors; or there shall be appointed eny trustee, �eceiver 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 ass(gnment for the benefit of credi4ors;
<br /> (e)The sale,transfer,lease, asaignment,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 af its issued and outstanding s2ock, or (if a pertnership) a total of x/a percent of
<br /> partnership interests, or f a imited liability company) a total of N/A percent of the limited liability company interests or voting
<br /> 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 ot 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 rreay: ,�
<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 rrianner provided in the Nebraska Trust Deeds Act;
<br /> (b) Exercise eny end 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 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 exclusive of any other remedy 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, and may be exercised concurrently, independently or
<br /> successively.
<br /> '!3. Tvuste�e. The Trustes mAy roslp�n a* �nv!Err.e w[thout r,ause, en� Landp�r m�y et sny timp and witha�!t cause apooinf a successor
<br /> or substitute Trustee. Trustee shall not be liable to any party, inciuding without iimitatiosi Lender, 8orrower, Ttustor or any purchaser of
<br /> the Property, for any loss or damage unless due to reckless or willful misconduct, and shal� not be required to take any action in
<br /> connection with the enforcement of this Deed of Trust unless indemnified, In writing, fo�al) 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 in separate
<br /> parcels or 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 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 expensea actually incurred as e 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. Futu�e Advancea. 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 the original principal amount stated herein,or 8 ,whichever is greater.
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