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<br /> 7. Eminent Domain. Lender is hereby assigned all compensation, awards, damages end other paymenta or rellef (herelnafter "Proceeds")
<br /> in connectfon with condemnation or other taking of the Property or part thereot, or for conveyence in Ileu of condemnation. Lender shall
<br /> taken or damaged, Lender shail have the option in its sole and ebsalute discretion,to apply all such Proceeds,after deducting therefrom
<br /> all costs end expenses incurred by It fn connection with such Proceeda, upon any Indebtedneae eecured hereby end In auch order as
<br /> Lender may determine, or to apply all such Proceeds, after such deductions, to the restoration of the Property upon such conditions as
<br /> Lender mey determine. Any epplicatlon of Proceeda to indebtedness aha9V not extend or poatpone the due date of any peyments under
<br /> the Note,or cure any default thereunder or hereunder. Any unapplied funds shall be paid to Trustor.
<br /> 8. Performance by Landar. Upon the occurrence of an Event of Defeult hereunder, or if eny act Ia taken or legal p�oceeding
<br /> commenced which materially affects Lender's interest in the Property, Lender may in its own discretion, but without obligation to do so,
<br /> and wlthou2 notice to or demand upon Trustor'acid without releagi�ig Trustor f:om any obligation, do eny ac3 which Trustor has agreed
<br /> but fails to do and may also dc� any other act �t cieems nece•;sary ta nroteci tFe security hereof.Trustor aholl,immadlately upon demand
<br /> therefor by Lender, pay to Lender all costs end ext�enses incurred a�d sums expend� by Lender In connection with the exercise by
<br /> Lender of the foregoing rights, together with interest thereo ai the default rate provided in the Note, which shall b� added to the
<br /> indebtedness secured hereby.Lender shall ndt�ir�ctjr�e�y�abHi��@cause of anything it may do or omit to do hereunder.
<br /> 9. Hazardous Materials.Trustor shall keep the Pr"operty in compliance with all applicable laws, ordinances and regulations relating to
<br /> industriai 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 /> Materials"1. Trustor hereby warrants and represents to Lende� that there are no Hazardous Material on or under the Property. Trustor
<br /> hereby agrees to indemnify and hold harmless Lender, its directors, officers, employees and agents, and any successors to Lender's
<br /> interest, from and against any and all claims, damages, losses and liabilitiea arising in.connection with the presence, use, disposal or
<br /> transport of any Hazardous Materials on, under, from or about the Property. THE FOREGOING WARRANTIES AND REPRESENTATIONS,
<br /> AND TRUSTOFi'S OBLIGATIONS PURSUANT 70 THE FOREGOING lNDEMNITY, SHALL SURVIVE RECONVEYANCE OF THIS DEED OF
<br /> TRUST. _`— - ,
<br /> 10. Assignment of Rsnts. Trustor hereby assigna to Lender, and grants Lender a eecurity interest in, ell 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 hereu�der, have
<br /> the right to collect and retain such rents, issues and protits as they become due and payable. Upon the occurrence of an Event 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 adequacy of its security, enter upon and take possession of the Property,or any pert thereof,in its own
<br /> name or in the name of the Trustee, and do any acts which it deems necessary or desirable to preserve the value, marketability or
<br /> rentability of the Property,or any part thereof or interest therein, or to increase the(ncome therefrom or protect the security hereof and,
<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 and unpaid, by notifying tenants to make payments to Lender. Lender may apply rents, issues and profits, less costs end 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 taking posseasion of the Property, the collection of such rent�, isaues and profits, end the application thereof as
<br /> aforesaid, shall not cure or waive any default or notice of default hereunder or fnvalidate any act done in responae 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 /> app�?cation of rents, issues or profits, Trustee and Lender shall be entitled 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 rights and remedies under this paragraph shal! be cumulative with, and in no way a limitation on, Lenc+sr'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 thosa rents acivally receiveq�, _
<br /> 11.Evmts of DNauk.'!'he foliowing shaq constitute an Evertt of Default under thts 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 {nstruments,or any
<br /> other 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 fnterest therein;
<br /> i�i i her�ehsN be iii�d�y�r agein�i i rusiur trr 6o�ruwae 8i�eciio7:�����t anj/preasnt o�fut.:fe f�rs:�a.�ta or cths:c:�:::e,!�r�
<br /> or regulation relating to bankruptcy, insolvency or other relief for debtors;or there ahall be appointed any trustee, receiver or
<br /> liquidator of T�ustor or Borrower or of all or eny part of the Property,or the rents,issuea or profits thereof,or Trustar or Borrower
<br /> shall make any general assignment for the benefit of creditors;
<br /> (e)The sale,transfer,lease,assignment, conveyance or fur4her encumbrance of all or any part of or any interest in the Property,
<br /> either voluntarily or involuntarily,without the express written consen4 of Lender;provided that Trustor shall be permitted to execute
<br /> e lease of the Property that does not contain an optfon 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, tr�nsfer, assignment, conveyance or encumbrance of more than (if a
<br /> corporation) a total of N/A percent of its issued and outstanding stock, or (if a partnership) e total of x/A percent of
<br /> partnership interests, or i a imited liability company) a totel of N/A percent of the limited Ilability company interests or voting
<br /> rights during the period this Deed of Trust remains a lien on the Property.
<br /> 12. Remedies;Acceleretlon Upon Default.In the event of any Event of Default 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 wlthout any
<br /> presentment,demand, protest or notice of a�y kind.Thereafter Lender may: ,
<br /> Ia) Demand that Trustee exerclse 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 dfstributed,all in the manner provided in the Nebraska Trust Deeds Act;
<br /> (b)Exerclse eny and ell 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 specif(cally 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 prov�ded or permitted, but each shal� be cur�ulative, shall be in addition to every other remody given hereunder, in
<br /> the Loan Instruments ar now or hereafter existing at law or in equity or by statute, ai�d �nay be exercised concurrently,Independently or
<br /> successively.
<br /> 43. Trustes.The Trustee may reslpn�t eny time withcut cauae, 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 writhout iimitation Lender, Borrower, Trustor or any purchaser of
<br /> the Property, for any loss or damage unless due to reckless or willfuB �nisconduct, 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 af any sale of the Property (judicial or under the power of sale
<br /> granted hereinl; 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 Propenty by exercise of power of sale,Trustee shall be entitled to apply any sale
<br /> proceeds first to payment of ail 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 expenses actually incurred as a 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. Future Advances. 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 p�incipal amount stated herein,or $ ' ' ,whichever is greater.
<br /> NBC3467B (Nonaprlcultural Deed)Rev.8/96 j
<br /> 1988 Netlonal Benk of Commerca Truet end Sevinae Aesoclatlon.Llncoln.Nebreeke �1
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