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200408573
<br />therefrom all costs and expenses incurred by it in connection with such Proceeds, upon any indebtedness secured hereby and in such
<br />order as Lender may determine, or to apply all such Proceeds, after such deductions, to the restoration of the Property upon such
<br />conditions as Lender may determine. Any application of Proceeds to indebtedness shall not extend or postpone the due date of any
<br />payments under the Note, or cure any default thereunder or hereunder. Any unapplied funds shall be paid to Trustor.
<br />8. Performance by Lender. Upon the occurrence of an Event of Default hereunder, or if any act is taken or legal proceeding
<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 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 />there for 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 />s. Hazardous Materials. Trustor shall keep the Property in compliance with all applicable laws, ordinances and regulations
<br />relating to industrial hygiene or environmental protection (collectively referred to herein as "Environmental Laws "). Trustor shall keep the
<br />Property free from all substances deemed to be hazardous or toxic under any Environmental Laws (collectively referred to herein as
<br />"Hazardous Materials "). Trustor hereby warrants and represents to Lender that there are no Hazardous Materials on or under the
<br />Property. Trustor hereby agrees to indemnify and hold harmless Lender, its directors, officers, employees and agents, and any successors
<br />to Lender's interest, from and against any and all claims, damages, losses and liabilities arising in connection with the presence, use,
<br />disposal or transport of any Hazardous Materials on, under, from or about the Property. THE FOREGOING WARRANTIES AND
<br />REPRESENTATIONS, AND TRUSTOR'S OBLIGATIONS PURSUANT TO THE FOREGOING INDEMNITY, SHALL SURVIVE RECONVEYANCE
<br />OF THIS DEED OF TRUST.
<br />1o. Assignment of Rents. Trustor hereby assigns to Lender the rents, issues and profits of the Property; provided that Trustor
<br />shall, until the occurrence of an Event of Default hereunder, have the right to collect and retain such rents, issues and profits as they
<br />become due and payable. Upon the occurrence of an Event of Default, Lender may, either in person or by agent, with or without bringing
<br />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
<br />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
<br />necessary or desirable to preserve the value, marketability or rentability of the Property, or any part thereof or interest therein, increase the
<br />income therefrom or protect the security hereof and, with or without taking possession of the Property, sue for or otherwise collect the
<br />rents, issues and profits thereof, including those past due and unpaid, and apply the same, less costs and expenses of operation and
<br />collection including attorneys' fees, upon any indebtedness secured hereby, all in such order as Lender may determine. The entering upon
<br />and taking possession of the Property, the collection of such rents, issues and profits and the application thereof as aforesaid, shall not
<br />cure or waive any default or notice of default hereunder or invalidate any act done in response to such default or pursuant to such notice
<br />of default and, notwithstanding the continuance in possession of the Property or the collection, receipt and application of rents, issues or
<br />profits, and Trustee and Lender shall be entitled to exercise every right provided for in any of the Loan Instruments or by law upon
<br />occurrence of any Event of Default, including without limitation the right to exercise the power of sale. Further, Lender's rights and
<br />remedies under this paragraph shall be cumulative with, and in no way a limitation on, Lender's rights and remedies under any
<br />assignment of leases and rents recorded against the Property. Lender, Trustee and the receiver shall be liable to account only for those
<br />rents actually received.
<br />11. Events Of Default. The following 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 other
<br />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
<br />the Property or any portion thereof or interest therein;
<br />(d) There shall be filed by or against Trustor or Borrower an action under any present or future federal, state or other statute, law or
<br />regulation relating to bankruptcy, insolvency or other relief for debtors; or there shall be appointed any trustee, receiver or liquidator of
<br />Trustor or Borrower or of all or any part of the Property, or the rents, issues or profits thereof, or Trustor or Borrower shall make any
<br />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
<br />Property, either voluntarily or involuntarily, without the express written consent of Lender; provided that Trustor shall be permitted to
<br />execute 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 a total
<br />of percent of (if a corporation) its issued and outstanding stock or (if a partnership) a total of percent of partnership
<br />interests during the period this Deed of Trust remains a lien on the Property.
<br />12. Remedies; Acceleration Upon Default. In the event of any Event of Default Lender may, without notice except as
<br />required by law, declare all indebtedness secured hereby to be due and payable and the same shall thereupon become due and payable
<br />without any 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 in the
<br />Property to be sold and the proceeds to be distributed, all in the manner provided in the Nebraska Trust Deeds Act;
<br />(b) Exercise any and all rights provided for in any of the Loan Instruments or by law upon occurrence of any Event of Default; and
<br />(c) Commence an action to foreclose this 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 exclusive of any other remedy herein, in the Loan
<br />Instruments or by law provided or permitted, but each shall be cumulative, shall be in addition to every other remedy given hereunder, in
<br />the Loan Instruments or now or hereafter existing at law or in equity or by statute, and may be exercised concurrently, independently or
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