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.,.u \93...1.1.0902 the Property Is so taken or damaged. Lender shall have the option. In its sole and absolute dhscr~tlon. to apply all such Proceed~, after deducting therefrom all costs and expenses Incurred by It In connection with such Proceeds, 'Jpon any Indebtedness secured hereby and In such order as Lender may determine. or to apply all such Proceeds. after such deductions, to the res\oratlon of the Property upon such conditions 8S Lender may determine. Any application of Proceeds to IndebtednM.' shall not extend or poItpone the due date of any payments under the Note, or cure any default thereunder or hereunder. Any unapplied funds shall be paid to Trustor. 8. Performance by Lender. Upon the occurrence of an Event of Defaullhereunder, or If any act Is taken Oi logal proceeding commenced which materially affects Lender's Interest In the Property, Lendor may In ilt own discretion, bu! without obllgatllln to do 81), and without notice to or demand upon Trustor and without releasing Trustor from any obligation. do any act which Trustor has agreed but fails to do and may also do any other act It deems necessary to protact the security hereof. Trustor shall, Immediately upon demand therefor by Lender, pay to Lender all cosls and expenses Incurred and sums expended by lender in connection wllh the. ~xerclse by Lender of the foregoing rights, together with Interest thereon at the default rate provided In the Note, which statU be added to the Indebtedness secured hereby. Lender shall not Incur any liability because of anything It may do or omit to do hereunder. 9. HazarrlOUI Materials. Trustor !thall keep the Property In compliance with all applicable laws, ordinances and regulations rt'lating to imJustrial hygiene or environmental prctection (collectively rt)ferred to herein as "Eilvlronmentat Laws". Trustor shall kEl\'lp the Property free from all substances deGmed to be haz&:rdou$ or toxic under any Environmental Laws (collectively referred to her"ln as "Hazardous Materials"). Trustor hereby warrants and represents to ll'lnder that there are no Hazardous Materials on or undl1f the Property. Trustor hamby agrees to Indemnify and hold harmless Lender, lIS directors. officers, employees and agents, and any succeS$ors to Lender's Interest, from and against any and all claims, damages, losses and liabilities arising In connection with the pmsence, US'fl, disposal or transport or any Hazardous Materials on, under, from or about the Property. THE FOREGOING WARRANTIES AND REPRESENTATIONS, AND TRUSTOR'S OBLIGATIONS PURSUANT TO THE FOREGOING INDEMNITY. SHALL SURVIVE RECONVEYANCE OF THIS DEED OF TRUST. 10. '.~.slgnm"nt of Rents. Trustor hereby assigns to Lender the rents, Issues and profits of the Property; provided that Trustor shall, until the occurrence of an Event of Default hereunder, have the rlghl to collect and retain such rants. Issues and profits as they become due and payable. Upon the occurrence of an Event of Default, Lender may, either in person or by agent. with or without bringing any action or proceeding, or by a receiver appointed by a court and without regard to the adequacy Of Its security, enter upon and take possession of the Property, or any part thereof, In Its own name or In the name of the Trustee, and do any acts which It deems !1ece.<;sary or desirable to preserve the value, marketability or rentability of the Property, or any part thereof or Interest therein, increase the income therefrom or protect the security horeof and, with or without taking possession of the Property, sue for or otherwise collect the rents, issues and profits thereof, Including those past due and unpaid, and apply the same, less costs and expenses 01 operation and collection including attorneys' fees, upon any Indebtedness Secured hereby, all In such order as Lender may determine. The entering upon and taking possession of II":e Property, the col!ocllon of such rents, Issues and profits and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or Invalidate any act done In response to SUCI" default or pursuant to such notice of default and, notwithstanding the continuance In possession of the Property or the collection, receipt and application of rents, Issues or profits, and Trustee and Lander shall be entitled to exercise every right provided lor in ar:y of the Loan Instruments or by law upon occurrence of any Event of Default, Including wlthout!i,,,ltation the right to exercise the power of sale. Further, Lender's rIght!' and remedies under this paragraph shalr be cumulative with, and In no way a limitation on, Lend,~r's rights and remedies under <:;::i <:sslgnment of leases and rents recorded against the Property. Lender, Trusta9 and the receiver shall be 113bie to account only for those rents actually received. 11. Events olllefault. The following shall constitute an Event of Default under this Deed of Trust (a) Failure to pay any Installment of principal or Interest of any other sum secured hereby when due; (b) A breach of or default under any provision canl.3lned in the Note, this Deed of Trust, any of the Loan Instruments, or any other lien or encumbrance upon the Property; (el A writ of (lxecution or attachment or any similar process shall be entered against Trustor which shall become alien on the Property or any portion thereof or Interest therein; (d) There shull be filed by or against Trustor or Borrower an action under any present or future federal, state or other statute, law or regulation relating to bankruptcy, InSOlvency or other rellel for debtors; or there shall be appOinted any trustee, receiver or liquida\'or of Trustor or Borrower or of all or any part of the Property, or the rents,lssues or profits thereof, or Trustor or Borrower shall make any general assignment for the benefit of creditors; (e) The sale, transfer, lease, assignment, conveyance or further encumbrance of all or any part of or any Interest in the Property, either vo,'untarily or Involuntarily, without the express written consent of Lender; provided that Trustor shall be permitted to executn a lease of the Property that does not cOl1lain an option to purchase and the term of which does not exceed one year; (f) Abandonment of the Property; or (9) If Trustor is not an individual, the Issuance, sale, tranllfer, assignment, conveyance or encumbrance of more than a total of _ percert of (if a corporation) its issued and outsltinding stock or (If a partnership) a total of SO percent of partnership interesta during the period this Deed of Trust remains a lien on the Properly. 12" Remedies; AccErlerallon Upon Default. In the event of any Event of Default Lender may, without notice except as required by law, declare all indebte,jness secured hereby to be due and payable and the same shall thereupon become due and payable without any presentment. demand, protest or notice of any kind. Thereafter Lender may: (a) Demand that Trustee exercise the POWER OF SALE grantod herein, and Trustee shall thereafter cause Trustor's Interest In the Property to be sold and the proceeds to be distributed, all In the manner provided In the Nebraska Trust Deeds Act; (b) Exercise IJny and all rights provided for In any of the Loan Instruments or by law upon occurrence of any Event of Default; and (c) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a raeelver, or specifically enforce any of the covenants hereof. No remedy herein conferred upon or r3served to Trustee or Lender Is Intended to be exclusive of any other remedy herein, In the Loan Instruments or by law provided or permitted, but each shall be cumulative, shall be In addition to every other remedy given hereunder, in the loan Instruments or now or hereafter existing at law or in equity or by statute, and may be exercised concurrently, independently 01 successively. 13 Trustee. The Truslee may resign at any time without cause, and Lender may at any time and without cause appoint a successor or s'Jbstitute Trustee, Trustee shall not be liable to any party, including withoutllmitallon Lender, Borrower, Trustor or e.ny purchaser of the Property, for any loss or damag'J unless due to reCkless or willful misconduct, and shall not be required 10 tako any aclion In connoctlon with the enforcenlent 01 this Deed of Trust unless Indemnified, In writing, for all costs, compensallon or expenses which mai' be associated therewith. In addition, Trustee may become El purchasor at any sale of the Property Uud:clal or under the power of sale granted herein); poslpone the sale of all or any portion of the Property, as provided by law; or sell the Property as a whole, or in separate parcels or lots at Trustee's discretion. 14. Fees and Expense.. In the event Trustee sells the Properly by exercise 01 power 01 sale, Trustee shall be entltlr,d to ap;lly any sale proceeds firslto payment of all costs and expenses of exercising power 01 sale, Including all Trustee's leElS, and Lender's and Trustee's attorney's lees, actually Incurred to exlent permitted by appl;.::oble law. In the event Borrower or Trustor exercises any right provided by law to cure an Event of Delault, Lender shall be entitled to recover Irom Trustor all costs and expenses actually incurred as a result 01 Trustor's default, including without limitation all Trustee's and attorney's lees, to thfJ extent permitted by applicable law. 15. Future Advances. Upon request of Borrowor, Lender may. at Its option, make additional and lulure advances and re- ad'li'Jnees to Borrower. Such advances and readvances, with i:lterestthereon, si1~1I be secured tlY this Deed 01 Trust. At no time shall the principal CimOlJr . of the Indebtedness secured by this D'-8d of Trusl, n911ncludina sums adviH'<:ed to r!r0~~:;! !~:) SCCii! ,:y or it-Ii:> Deed of Truet Ax.-8ed the or!g:~<:~ p;iOicipai <<lrIoum Sl3tGd her~in. or $__~_lLll_.lliL..o.!L_ whichever Is greatm.