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9. Hazardous Materials. Trustor shall keep the Proprrty In cuirpliance with all applicable laws, ordinance's and regulations reiat!ng to industrial hygiene or environmental protection (collectively referred to heieln as "Environmental LrAws"}• Trustor shall keep the Property free from all substances deemed to be hazardous or toxic under any Environmental Laws (crllectively referred to herein as "i-laxardous Materials"). Trustor hereby warrants and represents to Lender that there are no Hazrrdous Materlrlr on or under the Property, fruotor hereby agrees to Indemnify and hold harmless Lender; Its directors, officers, employees and agents, and any successors to Lender's Interest, from and against any and all claims, damages. losses and liabilities arising in connection with the presence, use, disposal or transport of any Hazardous Materials on, under, from or about the Property. THE FOREGOING WARRANTIES AND REPRESENTATIONS. AND TRUSTOR'S OBLIGATIONS PURSUANT TO THE FORT GOING INDEMNITY, SHALL SURVIVE RECONVEYANCE OF THIS DEED OF TRUST. 10. Aszignment of Rents.. Trustor hereby assigns to Lender the rents, issues and profits of thr, Property; provided that Trustor shall, until the occurrence of an Event of Default hereunder, have the right to collect and retain such rents, issues and profits as they become due and payable. Upon the occurrence of an Event of Default, Lender may, Tither 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 necessary 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 hereof end, with or without taking possession of the Property, sue for er otherwise coilect the rents, Issues and profits thereol, including those past due and unpaid, and apply the same, less costs and expenses cf operation and collection including a-,mrneys' fen,, upon any Indebtedness secured hereby, all In such order as Lender may determine. The entar!ng upon and taking possession of the Property, the collection of such rents, issues and profits and the application thereof at, afemsaid, shall not cure or waive any default or notice of default hereunder or Invalidate any act done in rn9ponse to such 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 Lender shall be entitled to exercise every right provided for In any of the Loan Documents or by law upon occurrence of any Event of Default, including without limitation the right to exercise the power of sale. Further, Lender's rights and remedies undor this paragraph shall be cumulative with, and in no way a limitation on, Lender's rights and remedies under any assignment of leases and rents recorded against the Property, Lender, Trustee and the receiver shall be liable to account only those rents actually received. 11. Events of Dafault. The following shall constitute an Event of Default under this Deed of Trust (a) Faiiure to pay any installment of prinr-IDa1 or Interest of any other sum secured hereby when due; (b) A breach of or default under any provision conia!rad In the Note, this Deed of Trust, any of the Loan Documents, or any other lien or encumbrance upon the Froperty; (c) A writ of execution or attachment or any similar process shall he a i-~,ered against Trustor which shall .become a lien on the Property or any portion thereof or interest therein; (d) There shall be filed by or against Trustor or Borrower an action under any present or '-iture federal, stag or other statute, law or regulation relating to bankruptcy, Insolvency or other relief for debtors; or there shalt Lr~ appointed any trustee, receiver or liquidator of Trustor or Borrower or of all or any part of the Property, or the rents, Issue: or prot!ts thareof, or Trustor or Borrower shall make any general assignment for the benefit of creditors; (e) The,sa!e, transfer, lease, assignment, conveyance or further encumbranc, of all or arty part of of any interest in the Property either voluntarily or involuntarily, without the express written, consent of Lender: provided thai Trustu- shrli be permitted t ' o execute a lease of the Property that does not contain an option to purchase and theterm of which dole not w ceed one year, 'f) Abandonment of the Property; or (g) it Trustor is ,tot an individual, the issuance, sale, transfer, assignmew, conveyance or encumbrance of more than a toted o;.1 - pr.rcent of (if a corporation) its issued and outstanding stock or (it a partnership) a total pf . _ percent of p rtnership int~,,rssts during the period this Deed of Trua', remains a lien on the Property. 1' 21. Remedla:s; :.'.cceleratlon Upon Default. In the event of any Event of Defau!t Lender may, without notice except as required by !ow• declare all indebtedness 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) Dernand that Trustee exercise the POWER OF SALE granted' herein, and Trustee shaii thersr fter cause Truslor's interest In tho Property to be sold and the proceeds to be distributed, all Ir: the manner provided in the Nebmaka Trust Deeds Act; (b) Exercise any and all rights provided for in any of the Loan Documents or by taw upon occurrence of any Event of Default; and (c) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of :he covenants hereof, No remedy hers In conferred upon or reserved to Trustee or Lender Is !ntended to be exclusive of any other remedy heroin, in the Loan Documents or by law provided or permitted, but each shall be cumulative, shall be in addition to every other remedy given hereunder, in the Loan Documents or now or hereah'or existing at law or in equity or by statute, and may be exercised concurrently, independently or successively. 13. Trustee. The Trustee may resign at any time without cause, and Lender may at any time and without cause appoint a successor or substitute Trustee. Trustee shall not be liable to any party, including without limitation Lender; Borrower, Trustor or any purchaser of the Property, for any loss or damage unless due to reckless or willful misconduct, and shall not be required to take any action in connection with the enforcement of this De*d of Trust unless indemnified. in writing, for all costs, compensation or expenses which may be associated therewith. In addition, Trustee may become a purchaser at any sale or the Property audicial or under the power of sale granted herein); postpone the sale of all or any portion of the Property, as provided by law; or se!I the Property as a whole, or in separate parcels or lots at Trustee's discretion. 14. Fries and Expenses. In the evont Trustee sells the Property by exercise of power of sale, Trustee shall be entitled to apply any sale proceeds first to payment of all costs and expenses of exercising power of sale, Including all Tru~,taB's fees, and Lender's and Trustee's attorn :y's fees, actually incurred to extent permitted by appiicaNn law. In the event Borrower or Trustor exercises any right provided by law to cure an Event of Default, Lender shall be entitled to recover from Trustor all costs and expenses aciuelly incurred as a result of Truster's default, including without limitation all Trustee's and attorney's fees, to the extent permitted by applicable low, 15. Future Advances. Upon request of Borrower, Lender may, at its option, make additional and future advances and re- advances to Borrower. Such advances and readvances, with interest thereon, shall be secured by this Deed of Trust. At no time shall the principal amount of the indebtedness secured by this Deed of Trust, nj~nWVgjlums advanced to protect the security of this Deed of Trust, exceed the original principal amount stated herein, or $ whichever Is greater, 16. Mlscollanaous Provisions. (a) Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust chanted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demands made by the original Borrower and Borrower's successors in interest. (b) Lender's Powers. Without affecting the liability of any other person liable for the payment of any obligation herein menfioned, and without affecting the lien or change of this Deed of rrust upon any portion of the Property not then or theretofore released as security for the full amount of all unpaid obligations. Lender may, from time to time and wittrout notice (1) release any person so liable, (ii) extend the maturity or alter any of the terms of any such obligations, (ill) grant other indulgences, (iv) release or reconvey. or cause to be released or reconveyed at any firve at Lender's option any parcel, portion or all of the Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto.