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<br /> 99 109417
<br /> 7. Eminent Domeln. Lender la hereby aseigned all compensetion, ewarda, damagea and other peymenta or relief (herelnafter "Proceeds")
<br /> in connection with condemnation or other teking of the Property or part thereof, or for conveyance In Ileu of condemnetlon. Lender shall
<br /> taken or damaged, Lender ahall have the optlon in its aole and absolute diacretion,to epply all auch Proceeds,after deducting therefrom
<br /> all costs and expenses incurred by it in connection with auch Proceeda, upon eny Indebtednesa secured hereby end in euch orde� es
<br /> Lender may determine, or to apply all such Proceeds, after such deductiona, to the reatoration of the Property upon auch conditlons es
<br /> Lender may determine. Any application of Proceeds to indebtedness shall not extend or postpone the due dete of any paymenta under
<br /> the Note,or cure any defeult thereunder or hereunder. Any unappHed funds ehall be paid to Trustor.
<br /> 8. Periormence by Lender. Upon the occurrence of an Event of Defeult hereunder, or If any ect la taken or legal proceeding
<br /> commenced which materially affects Lender's interest in the Property, Lender may in ita own discretfon,but without obligation to do so,
<br /> end without notice to or demand upon Tr}�sto�and Htithaut releasing Trustor#rorr}any obUgation, do any ect whlch Trustor 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 costs and expenses incurred and sums expended by Lender in connectlon 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 Materials.Trustor shali keep the Property in compliance with all epplicable laws, ordinances and regulations relating to
<br /> industrial hygiene or environmental protection (collectively referred to herein as "Envfronmental Laws"1. Trustor shell 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 /> Materials"1. Trustor hereby warrants and represents to Lender that there are no Hazardous Material on or under the Property. Trustor
<br /> hereby agrees to indemnify and hold harmiess Lender, its directors, officers, employees and agents, and any successors to Lender's
<br /> interest, from and against any and ail claims, damages, Iosses and liabilities arising in connection with the presence, use, disposal ot
<br /> transport of any Hazardous Materiais 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. Assignment of Rents. Trustor hereby assigns to Lender, and grants Lender a security Interest in, all present, future and efter
<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 en Eve�t of
<br /> Default, 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 edequacy of ita aecurity, enter upon and teke possesalon of the Property,or eny part thereof,in Ita own
<br /> name or in the name of the Truatee, and do any ects which it deems necessary or desirable to preserve the vatue, marketebility or
<br /> rentebiiity of the Property,or any part thereof or intereat therein, or to increase the Income therefrom or ptotect the eecurity hereof and,
<br /> with or without taking posaeaslon of the Property, sue for or otherwise collect the renta, Isauea and profite thereof, tncluding those paet
<br /> due and unpaid, by notifyfng tenants to make paymenta to Lender. Lender may apply renta, isauea and proflta, leas coata end expenses
<br /> of operation end collection including attorneys' feea,to eny Indebtednese eecured hereby, ell in auch order ee Lender may determine.The
<br /> entering upon and taking posaeaslon of the Property, the collectlon of such rente, lasues end profite, and the epplicatlon thereof es
<br /> eforesaid, shall not cure or waive any default or notice of default hereunder o� Invalidate eny act done In reaponae to such defeult or
<br /> pursuant to such notice of default end, notwithstanding the continuance in possession of the Property or the collection, receipt and
<br /> epplication of rents, issues or profits, Trustee and Lender shall be entitled to exercise every right provided for in eny of the Loan
<br /> Instruments or by law upon occurrence of any Event ot Default, including without limitation the right to exerclse the power of sale.
<br /> Further, Lender's rights and remedies under this paragraph shall be cumulatfve witn, and in no way a Ifmitation 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 Ifable to
<br /> account oniy for those rents actually received. ' '
<br /> 11.Events of Default.The following shalt constitute an Event of Default under this Deed of TrusL• "' t
<br /> (a) Failure to pay any installment of principal or interest of eny other sum secured hereby when due;
<br /> (b) A breach of or default under any provlsion contained in the Note,thfs 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 attactirnent or any similar psocess shaU be entered ageittsL Trustos whlch 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 statue,law
<br /> or regulation relating to bankruptcy, insolvency or other relief for debtors;or there shall be appointed any trustee, receiver 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 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 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 /> corporationl a total of x/A percent of its issued and outstanding stock, or (if a partnership) a totel of N/A percent of
<br /> partnership interests, or (�mited liability company) a total of N/A percent of the Iimited 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 of Default Lender may,without notice except as required by law,
<br /> deciare ali indebtedness secured hereby to be due and payable end the same shall thereupon become due end 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 ahall 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 /> Oefault; 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 /> covenanta hereof. '
<br /> No remedy herein conferred upon or reserved to Trustee or Lender is intended to be exclusive�of eny other femedy herein, In the Loan
<br /> Instruments or by law provided or permitted, but each shall be cumulative, shall be ln eddition to every other remedy given hereunder, I�
<br /> the Loan Instruments or now or hereafter existin at law or in e i or t
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