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<br /> 7. Eminsnt Domein. Lender is hereby asaigned all compensatlon, ewards, dameges and other paymente of I'ellef Iherel�efte� "Proceeds")
<br /> in connection with condemnat(on or other taking of the Property or pert thereof, or for conveyence in Ileu of condemnation. Lender ehall
<br /> taken or damaged, Lender ehall have the optlon in ita sole end ebsolute diacretion,to apply ell euch Proceeda, efter deducting theref�om
<br /> all coats and expenses incurred by it in connection with such Proceeda, upon eny indebtednesa sacured hereby and In auch order as
<br /> Lender may determine, or to appiy all such Proceeds, efter such deductiona, to the reatoretion of the Property upon such conditione es
<br /> Lender may determine. Any application of Proceeds to indebtedness shall not extend or poatpone the due date of any payments under
<br /> the Note,or cure any default thereunder or hereunder. Any unapplied funda shall be paid to Truator.
<br /> 8. Performance by Lender. Upon the occurrence of an Event of Defeult hereunder, or If any ect Is taken or legal proceeding
<br /> commenced which materially affects Lender's interest in the Property, Lender may in ita own discretion,but without obligation to do so,
<br /> and without notice to or demand upon Trustor and without releasing Trustor from eny obligetion, do eny act which Truator has agreed
<br /> but fails to do and may also do any'qth�r ec��t ae�ms r�c�Isary to protect the security hereof.Trustor shall,lmmediately upon demand
<br /> therefor by Lender, pay to Lender an costs ana expenses �ncurred 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 hereby. Lender shall not incur any liability because of anything it may do or omit to do hereunder.
<br /> 9.Hazerdous Materials.Trustor shall keep the Property in complience with all applicable laws, ordinances and regulations relating to
<br /> industrial hygiene or environmentai protection (collectively referred to herein as "Environmental Lews"1. 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"). Trustor hereby warrants and represents to Lender that there are no Hazardous Material on or under the Property. Trustor
<br /> hereby agrees to indemnify end hold harm�ess Lender, its directors, officers, employees and agenta, and eny successora to Lender's
<br /> interest, from and agatnst any and all claims, damages, �osses and Habilfties arising in connection with the presence, use, dispoael or
<br /> transport of any Hazardous Materials on, under,from or about the Property.THE FOREGOINO WARRANTIE$ AND EiEPRESENTATIONS,
<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 e security Interest in, ell present, future and efter
<br /> rising rents, issues and profite of the Property; provided that Trustor ahall, until the occurrence of en Event of Default hereunder, have
<br /> the right to collect and retain such renta, 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 wlthout bringing eny actlon or proceeding, or by e receiver eppofnted by a
<br /> court and without regard to the adequecy of Its aecurity, enter upon and teke poasesalon of the Property,or eny part thereof,In Ita own
<br /> neme or in the name of the Truatee, and do any ecta which it deema neceasery or desirable to preaerve the velue, merketebility or
<br /> rentebility of the Property, or any part thereof or intereat thereln, or to Increase the Income therefrom or protect the eecurity hereof and,
<br /> with or without taking possession of the Property, eue for or otherwlae collect the rents, Iseues and profite thereof, (ncluding those paet
<br /> due and unpeid, by notl(ying tenents to meke peymente to Lender. Lender may apply renta, leauea end profita, leee coets end expenaea
<br /> of operatlon end collection Including ettorneye' fees,to any indebtedneee secured hereby,all In euch order ea Lender mey determine.The
<br /> entering upon end teking poseeaelon of the Property, the collectlon of auch rente, laeuee end proflta, and the applicetlon thareof as
<br /> eforesaid, shall not cure or waive eny defautt or notice of default hereunder or invalldete any ect done In responee 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 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 exercise the power of sele.
<br /> Further, Lender's rights and remedies under this paragraph shall be cumulative with, 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 only for those rents actually received. '
<br /> 11.Eventa oi Default.The foltowing 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 attachment or any similar process shall be entered against Trustor which shall become a lien on the
<br /> Property or any portion thereof or interest therein;
<br /> Id)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 /> 'shail make any generai 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 /> corporation) a total of N/A percent of its issued and outstanding stock, or (ff a partnership) a totel of x/A percent of
<br /> partnership interests, or i a mited liability company) a total of N/A percent of the Iimfted ifabflity company�nterests or voting
<br /> rights during the period this Deed of Trust remains a Nen 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 all fndebtedness 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 may: ' � � ,� _
<br /> fa) Demand that Trustee exercise the POWER OF SALE granted herein, and Trustee shell 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 Nebraske,Trust Deeds Act;
<br /> lb1 Exercise any and all rights provided for in any of the Loen 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 e 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 any other�i'emedy herein,�in the Loan
<br /> Instruments or by lew provided or permitted, but each ahall be cumulative, shall be in addition to every other remedy given hereunder, in
<br /> the Loan Instruments or now or hereafter exfating at law or in equity or by statute, and may be exercised co�currently, Independently or
<br /> successively. ,
<br /> 13. Trustee. The Trustee may resign at any time wfthout cause, and Lender may at eny time and,without cause appoint a successor
<br /> or substitute Trustee. Trustee shall not be Ilable to any party, including without Ilmitation 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,teke any action in -
<br /> connection with the enforcement of this Deed of Trust unless indemnified, ln writing, for all coats, compensation or expensea 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 end Expenses.In the event Trustee sells the Property by exercise of power of sale,Trustee�shall be e�titled to apply any sale
<br /> proceeds first to payment of all costs and expenses of exercising power of sale, inciuding 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 tncurred as e result of,
<br /> Trustor's defauit,including without limitation aIl Trustee's and attomey'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 ho 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 9 ' � ,whichever is greater. � "
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