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<br /> 7. Eminent Domain. Lender is hereby assigned all compensation, awards,damagea and other paymenta or rellef (herelnafter "Proceeda")
<br /> in connection with condemnation or other taking of the Property or part thereof, or for conveyance In Ileu of condemnatlon. Lender ahall
<br /> taken or damaged, Lender shall have the optfon in its sole and absolute discretion,to epply ell such Proceede, efter deducting therefrom
<br /> all coats and expenses incurred by it in connection with such Proceeds, upon any indebtedness aecured hereby and In euch order as
<br /> Lender may determine, or to appiy all such Proceeds, after such deductiona, to the reatoration of the Property upon auch conditions ea
<br /> Lender mey determine. Any epplication of Proceeds to indebtedneas ahall not extend or postpone the due date of any paymenta under
<br /> the Note,or cure any detault thereunder or hereunder. Any unapplfed funds ahall be peid to Truator.
<br /> S. Performanca by Lender. Upon the occurrence of an Event of Defeult hereunder, or If any ect la taken or legel proceeding
<br /> commenced which materially affects Lender's interest fn the Property, Lender may in its own discretion,but without obflgation to do so,
<br /> and without notice to or demand upon Trustor and without releasing Trustor from any obligation, do any act which 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 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. Hazerdoua Materials.Trustor shali keep the Property in compliance with all epplicable laws,ordinances and regulations relating to
<br /> industrial hygiene or environmental protection (collectfvely referred to herein as "Environmental Laws"). Trustor sha�l 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 Hazardoua 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 liabilities arising in connection with the presence, use, disposal or
<br /> transport of any Fiazardous Materiaig on, under, fr�m or sbout�ha ^��par�y.�'��� FORE�OING W,�RRANT!ES AND REPRESENTATIONS,
<br /> AND TRUSTOR'S OBLIGATIONS PURSUANT TO THE FOREGOIN(3 INDEMNITY, SHAIL SURVIVE RECONVEYANCE OF THIS DEED OF
<br /> TRUST.
<br /> 10. Assignment oi Rents. Trustor hereby assigns to Lender, and grants Lender a security Interest in, all present, future and after
<br /> rising tents, 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 Event of
<br /> Defeult, Lender may, either in person or by agent, wfth or without bringing any action or proceeding, or by a receiver appointed by a
<br /> court and without regard to the adequecy of its security, enter upon end take possesalon of the Property,or any pert thereot,In its own
<br /> neme or in the name of the Truatee, and do any ecta which it deema necessary or deairable to preserve the velue, marketebiBty or
<br /> rentebility of the Property, or any part thereof or intereat therein, or to Increase the Income therefrom or protect the security hereof and,
<br /> with or without taking possession of the Property, sue for or otherwise collect the rents, isauee and profita thereof, including those past
<br /> due and unpaid, by notitying tenanta to make payments to Lender. Lender may apply renta, isauea and profita,lesa costs end expenses
<br /> o(operation and collection inc�ud(ng attorneys' feea,to any indebtednesa secured hereby, all in auch order ea Lender may determine.The
<br /> entering upon and teking posseaelon of the Property, the collection of such renta, lesues end profite, and the applicetlon thereof as
<br /> eforesaid, shail not cure or waive any default or notice of default hereunder or invalidate any ect done In reaponse to euch 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 rlght provided for in any of the Loan
<br /> Instruments or by law upon occurrence of any Event of Default, including without Ifmitation the right to exercise the power of sale.
<br /> Further, Lender's rights and remedies under thia paragraph shall be cumulative with, and in no way a Iimitation on, Lender's rights and
<br /> remedies under any assignment of leasea and rents recorded against the Property. Lender, Trustee and the receiver shall be liable to
<br /> account only for those rents actually received. ' �
<br /> 11. Events of Defeuit.The following shall constftute an Event of Default under this Deed of Trust: ' '
<br /> Ia) Failure to pay any installment of principal or(nterest 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 similar process shall be entered against Trustor which shall become a lien on the
<br /> Property or any portion thereof or interest therefn;
<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, receive� 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 /> corporation) a total of N/A percent of its issued and outstanding stock, or (if a partnership) a total of rt/r, 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. Remediea;Acceleratlon 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 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 shall 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 /> (b) Exercise any end ali 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 thfs 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 excluaive of any other remedy herein,,in the Loan
<br /> Instruments or by law provided or permitted, but each ahall be cumulative, ahall be in addition to every other remedy given hereunder, fn
<br /> the Loan Instruments or now or hereafter exist(ng at law or in equity or by statute, and may be exercised concurrently, independently or
<br /> successively. ,
<br /> 13.Trustee.The Trustee may resign at any time without cause, and Lender may at any time and,without cause eppotnt a successor
<br /> or substitute Trustee. Trustee shall not be liable to any party, including without Ifmitation Lender, Borrower, Trustor or eny purchaser of
<br /> the Property, for any loss or damage unless due to reckless or willful mfsconduct, 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 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, es provided by lew; or sell the Property as a,whole,.or.in separate
<br /> parcels or lots at Trustee's discretion. + ; � �
<br /> 14. Fees end Expenaes.In the event Trustee sells the Property by exercise of power af sele,Truatee�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 /> ettorney's fees, actually incurred to extent permitted by appUcable law. In the event Borrower or Trustor exercises eny�ight 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 Iimitation all Truatee's and attorney's feea,to the extent permitted by applicable law. �
<br /> 15. Future Advencea. Upon request of Borrower, Lender may, at its option, make additlonal and future advances and readvances to
<br /> Borrower. Such advences end readvances, with interest thereon, ehall be secured by thie Deed of Truat. At ho tlme ahell the principal
<br /> amount of the indebtedness secured by thls Deed of Trust, not Includfng sums advanced to protect the security of this Deed of Trust,
<br /> exceed the original principal amount stated herein,or 9 ' � ,whlchever le greater. �
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