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� ���9� ���o�� � � <br /> 7. Eminsnt Domoin. Lender le fiereby eaelgned ell compeneation, awarde, damages end other paymente or relief (herelnatter "Proceede") <br /> In connectlon with condernnatlon or otf�er teking of tlie Property or part tliereof, or for conveyanoe In Ileu o} oondemnatlon. Lender ehall <br /> teken or demaged, Lender ehelt fiave tfie optlon In Its aole and absolute diecretion,to epply ell euch Proceede, Niter deduoting therefrom <br /> all coete end expenses incurred by It in connection with euch Proceeda, upon eny Indebtedneae secured hereby and In auch order ae <br /> Lender may determine, or to epply all auch Proceeda, after eucli deductlona, to tlie restoratlOn of the Property upon euch condltlone as <br /> Lender mey determine. Any applicatfon of Proceeds to indebtednesa efiall not extend or poatpone the due date of any paymente under <br /> the Note,or cure any de(eult thereunder or hereunder.Any unapplled funda ehell be paid to Trustor. <br /> 8. Periormencs by Lender. Upon the occurrence of en Event of Default hereunder, or If eny ect le'teken or legel proceeding • <br /> commenced which materially atfects IselvJ �in re,�t In,�� Property, Lender mey In ite own discretion,but wlthout obligatlon to do so, <br /> end without notice to or demand upt�n�'r�tbt �d�with�'U�#eleasing Truator irom any obligatlon, do eny ect which Truetor has agreed <br /> but fails to do and may also do any other act it deems necessery to protect the security hereof,Truator ahall,Immediately upon demand <br /> therefor by Lender, pay to Lender ell costs end expensea incurred and aums 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 edded to the <br /> indebtedness secured hereby. Lender shall not Incur any Ilability because of anything It may do or omit to do heteunder. <br /> 9.Hezardous Materlals.Trustor shall keep the Property in compHance with all applicable laws, ordinances and regulations relating to <br /> industrial hygiene or environmental protection (collect(vely referred to herein as "Environmental Laws"1. Truator ahali keep the Property <br /> Tree from all substances deemed to be hezardous or toxlc under any Environmental Lawa (collectively referred to herein es "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 hoid harmless Lender, its directors, officers, employees and agenta, and any succeasors to Lender's <br /> interest, from and ageinst eny and atl claims, damages, loss�s and Ilabllitles arising ln connectlon with the presence, use, disposal or <br /> trensport of eny Hazardous Materials on, under,irom or about the Property.THE FOREOOINO WARRANTIES AND REPRESfNTATIONS, <br /> AND TRUSTOR'S OBLIGATIONS PURSUANT TO THE FOREGOING INDEMNITY, SHALL SURVIVE RECONVEYANCE OF THIS DEED OF <br /> TRUST. <br /> 10. Asslgnment of Rents. Trustor hereby assigns to Lender, and grants Lender a security interest in, all present, future and after <br /> rising rents, issues and proiits of the Property; provided that Trustor shall, until the occurrence of en Event of Default hereunder, heve <br /> the right to collect and retain such rents, issues and protits as they become due end peyable. Upon the occurrence of en Event of <br /> Default, Lender may, either In person or by egent, with or without bringing eny ectlon or proceeding, or by a receiver appointed by a <br /> court end wlthout reAard to the edequacy of Ita securlty, enter upon end take poasesalon of the Property,or eny part thereof,in Ita own <br /> name or in tfie name o( tlie Truetee, and do eny ecte wlilch It deeme necessary or desirable to preserve the velue, tnarketability or <br /> rentebility of the Property, or any part tfiereof or interest thereln, or to Increase the Income therefrom or protect the securlty hereot end, <br /> with or without taking poesesalon ot the Property, sue for or otherwise collect the renta, leaues end profite thereof, Including those peat <br /> due end unpeid, by notifying tenants to meke peymente to Lender. Lender may apply renta, Isauea end profita, lesa costa and expenaes <br /> ot operetion end collection Including attorneys' fees,to any Indebtednese eecured hereby, ell In euch order ae Le�der may determine.The <br /> entering upon and tak(ng possession of the Property, the collectlon of auch rents, Isaues end profita, end the appllcetlon the�eof ea <br /> aforesafd, shall not cure or waive eny default or notice of default hereunder or Invalidate any ect done In tesponae to such default or <br /> pursuant to such notice of default and, notwithstanding the continuance in possession of the Property or the collectlon, receipt and <br /> application of rents, ,issues or profits, Trustee and Lender shall be entitled to exercise every rlght provided for (n eny of the Loan <br /> Instruments or by law upon occurrence of any Event of Default, fncluding without limitation the right to exercise the power of sale. <br /> Further, Lender's rights and remedies under thfs paragraph shall be cumulative with, end in no way a Ilmitation on, Lender's rights end <br /> remedies under any assignment of leases and rents recorded against the Property. Lender, Trustee and the receiver shall be (fable to <br /> account vnly for those rents actually received. ' ' ' ' <br /> 1 1. Events of Default.The following shall constitute an Event of Default under this Deed of TrusL• `� ' <br /> (a1 Failure to pay any installment of principal or Interest of eny other aum 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 attachment or any aimilar process shall be entered against Trustor which sh8tt become a Oen on the <br /> Property or any portion thereof or interest therein; <br /> (d)There shali 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 alt or any part of the Property,or the rents,issues or profita 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 T�Ustor shall be permftted 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 /> (i) Abandonment of the Property;or , , . ,. <br /> (g) if Trustor is not an individual, the issuance, sale, transfer, assignment, conveyance or encumbrance o� more tha� (if a <br /> corporation) a total of rt/n percent of its issued and outstanding stock, or (if a partnership) a total of N/A percent of <br /> partnership interests, or a mlted Ilabllity company) a total of N�n percent of the Ilmited ilabil(ty company �nterests or voting <br /> rights during the period this Deed of Trust remaina a Ilen on the Property. <br /> 12. Remedlea;Acceleretlon Upon Dateult.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 end the same ehall thereupon become due and, 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 ahail thereafter, cause 7rustor'e, interest <br /> in the Property to be aold and the proceeds to be dlstributed, all in the manner provided In the Nebraska,Truet Deeda Act; <br /> Ib) Exercise any end all righta provided for in any ot tfie Loen Instrumenta or by law upon occurrence of any Event of <br /> Deteult; and , , ' ' , � <br /> (c)Commence an ection to foreclose tlils Deed of 7ruat ea a mortgage, appoint e recelver,or speciflcelly enforce any of the <br /> covenante hereof. �' <br /> ,, � <br /> No remedy herein con(erred upon or reserved to Truatee or Lender Is intended to be exclusive.oi eny other;femedy hereln, I�,the Loen <br /> Inatrumenta or by law provided or permitted, but each ahall be cumuletive, ahall be in addition to every other temedy given hereunder, In <br /> the Loa� Instruments or now or heres�ter existing at Isw or!^ equl!y r..r b,ata!!�te, 4nd rr�ey he exe!cised concurrently, Independently or <br /> auccessively. ' , . <br /> 13. Trustee. The Trustee may resign at any time without cause, and Lender may at any tlme and,without�cauae appoint a successor <br /> or substitute Trustee. Trustee shall not be liable to eny party, Including without Ilmitetion Lender, Botrowet, Trustor or atly purcheser of <br /> the Property, for any loss or demage unless due to reckless or willful misconduct, end shall,not be tequired,to,take any action in � <br /> connection with the enforcement of this Deed of Truat unless indemnified, In writl�g,for all costs, compensetlon or expenses which may <br /> be associated therewith. In addition, Trustee may become a purchaser at any sale of the P�operty (judicial or unde� the power of sele <br /> granted herein); postpone the sale of all or any port(on of the Property, as provided by law; or sell the Property as a�,whole,o�,in,separate <br /> parcels or lots at Trustee's discretion. ,����, � �: � �' ' �>,: , ' ', � �` <br /> 14. Feea end Expenaes.In the event Trustee selis the Property by exerclse of power of sale,Trustee ahall be entitled to apply any sale <br /> proceeds first to payment of all costs and expenses of exerclsing power of sale, Including all Trustee's fees;�end Lender's and Trustee's <br /> attorney's fees, actually incurred to extent permitted by appl(ceble law. In the event Borrower or Trustor exercisea any right provided by <br /> law to cure an Event of Default, Lender shall be entitled to recover irom Trustor ell costs and expensea actually incurred�as,e result,.of <br /> Trustor's default, including without limitation all 7rustee's and attorney's fees,to the extent permitted by applicable lew. � � <br /> 15. Future Advencea. Upon request of Borrower, Lender may, at its option, make additional and future edvences end readvances to <br /> Borrower. Such advences and readvances, with interest thereon, shell be secured by this Deed of Trust. At no time ahall the principal <br /> amount of the indebtedness secured by this Deed of Trust, not including aums edvanced to protect the security of this Deed of Trust. <br /> exceed the original principal amount eteted herein,or 8 ' � ,whlcheve�Is g�eater. � • ' <br /> , � i' � ,!, .i� , �' . .� ,�, � <br /> � .. ' ,,,; , . , . <br /> , � ... . . � , � <br /> . , , , , , ��, , . � .. <br />