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200303840 <br />6. Mainlennnee, Repairs And C, pliance wl/h LAws. Tmstor shall keep fire Pr, ty in good condition and repot[; shall <br />promptly repair, or replace ally improvement which may he damaged or dostnryed; shall not consult or period any waste or <br />deteriomtiwl of Property; shall not renmve, demolish or substantially alter any of the improvetneuts on the Property; shall not <br />coolant, suffer or per lid nay act to be done hr or upon the Property in violation of any lots, ordinance, or regulation; and .shall pay and <br />promptly discharge At Tmslot's cost and expense all liens, encumbrances and charges levied, imposed or accessed against the Property <br />in any part thereof, <br />7. Enfluent Domain. Lender is hereby assigned all l ampensation, awards, damages and other payntens or relief (hereinafter <br />"Pracecds ") ill omaeetion with coadenatndon or other taking of the Property or part thereof, or for oouveyauce ill lieu of condem- <br />nation. Lender shall be entitled at its order to commence, appear in and prosecute in its own name any action or pmceedhtgs, and <br />shell also be entitled to makb any compromise or settlement or connection with such taking or damage. In the event any portion of the <br />Properly is era taken ar damaged, Lender shall have the option ill its sole and absolute discretion, to apply All such proceeds, ARer <br />deducting thereCmth all costs and expenses tuctined by It in connection with such Proceeds, upon any indebtedness secured hereby And <br />in such order ns Lender may deternilne, of to apply all such Proceeds, after such deductions, to (lie re3fartio r of the Pmpenty upon <br />auch conditions as Leaden may deterntne. Any application of Ptoceeds to indebtedness shall not extend or postpone Ilse due dam Of <br />any payineuts trader the Note, or cure any default thereunder or hereunder. Arty unappdded finds shall be paid to Tmstor. <br />IT Ferfm'mmhree by Lender. Upon the ou:omoce of an Evert of Defauh herenuder, or if airy act Is taken at legal <br />proceeding connrenced which materially affects Lender's interest in tine Property, Leader may in its own discretion, hilt without <br />Obligation to do so, and without notice In or demand upon Pastor and without ieleaebng Tustor from any obligation, do ally act which <br />poster has agreed but failed to do and may also do any other act it deems necessary to protect file security hereof I itlstor shall, <br />tuunediamly upon demand Ihemfbr by Leader, pay to Lender all cool's and cxpeuses incurred and sums expended by Leader in <br />connection with the exercise by Lender of the foregoing right's, together with interest thereon at the default rate provided in the Note, <br />which shall be added m [lie hudeblerhoss secured hereby. Lender shall not incur any liability because of anything it may do or omit to <br />do heniq ... for . <br />9. hazardous Matelots, Truster shall keep the Property in compliance with all applicable Imes, ordinances and regulations <br />relating to industrial hygiene or environmental protection (collectively referred to herein as "Envirmurenlal Laws "). Tmstor shall <br />keep die Properly Gee from all substances deemed to be hazardous or toxic under any Rnviromnental Laws (collectively referred to <br />herein as "llazal dour Materials "). Tmstor hereby warrants slid nepresc lls to Lender that there arc no HazArdous Materials on or under <br />the Pwpenty. Tarster hereby agrees to iudei n ify and hold harmless Lender, its direotorn, officers, employees and agents, And Any <br />successors In Leadcr'a file cL t, fi'mn and against ally all all claims, danages, losses and liabilities arising in connection will the <br />prescnce, use, disposal or transport of any Elazardons MAtcrlals on, ruder, Gone or about tire Property. IHE POREGOINCt <br />WARRANTIES AND REPP ESENTATIONS, AND TRUSTOR'S 0111-IGA'1'lONS PURSAN'I "PO'THE FOREGOING <br />INDEMNITY, SI IALL St 11Z VIVB R ECONVRVAM IR OP THIS DEED OF TRUST. <br />10. Assignment of Rents. Tmstor hereby assigns to Lender, still ghats Tender a.securify interest in all present, future and <br />after ardsiog ioats, issues Aud Picini of the Pioperty; provided that TrUSIOr shall, until file Occurrence of AnEvent ai D,fauP, <br />hereunder, have file night to collect auch retain such rants, issues and profits as they become due and payable. Upon lire occurrence of <br />an Event oCllefault, Lender clay, eifiter Ito person o[ by ageul, with or adthont hriuging Any -otiot or proceeding, or by a receiver <br />appointed by a coati lard wilhout regard lu ire adequacy of its security, outer upon and take possession of the Property, of Ally part <br />thereof, in its own rune or ill the name of the Trustee, and do any acts which it deems necessary or desirable to preserve the value, <br />marketability or renmbllity of the Property, or any part thaeuL Or inneresf therein, err to increase the income IhereRmu or pm[eet the <br />security her on uud, with or without taking possession of lire Property, site for or otherwise uullecl the tells, issues and profits thereof, <br />iududiag those past due Aad unpaid, by notifying Iona a, to make payments to Lender. Lender may apply rents, issues and D fats, less <br />costs and expenses of operation and collection including attorney's fees, to tiny iudebledueas Averred hereby, all in such order as <br />Lender clay detemune. Tine entering upon and taking possession of tlo Property, the collection of such rents, issues and profits, and <br />the Application thereof as afmasaid shall ]lot cure or waive any default or notice of default hereunder err invalidate Ally act clone in <br />response to such default on pwsuant to such nutioe ofd tint t Bud, notwithstanding the continuance in posseashm of the property or the <br />eolluclioa, receipt and application oftents, issues or profit,,, Trustee all,[ Lender shall be entitled to exercise every right provided Lorin <br />ally of the l.oat, Instruments or by law upon occurrence of any Event of Default, including without linttatlou file tiglit to exercise [lie <br />power of sal,. further, fender's rights and remedies trader this paragraph shall be nunwlative with, and to no way a )Initiation on, <br />Lender's rights lard velocities under any assignment of leases uad rents recorded against Ilse Properly. Lcndeh I al, ee and the receiver <br />shall be liable to account only far those truss actually received. <br />11. ],veuts tit DOanit. 'fire following shall constitute An Event of Default under this Deed of Trust: <br />(A) Failure ro PAY Any installment of principal or interest or any other sum sectrmd hereby when due; <br />(b) A breach of or default under any provision cra lamed in the Note, this Dead of'I'rust, any of ubo Loan <br />Instruments, or any other lien or noumbmrnce upon fhe Property; <br />(c) a writ of execution or afrdntent or any sindlau process shall be. entered againid IEasier nddeh shall fee onne a <br />lion on the Property or any portion thereof of interest therehn; <br />(rd) There shall be filed by or agaiusr Tmstor or Ilotrower an action trader any preseut or future federal, state or <br />other statute, law Or regulation totaling to bankruptcy, insolvency or other inlief for debtors; or there shall be <br />appointed any tnlstee, receiver or liquidator of Tmstor or Burrower or of all or any part of the Property, or file torus, <br />issues or profits thereof, or Truster or rh nower shall make any general assignmtent for the benefit of etedibrs; <br />(e) The sale, hansfeq lease, assignment, conveyance or Twitter encumbrance of all or any part of,, any interest is <br />the Property, either volunta'ily or involuntarily, without tine express written consent of Leader; ac,ided first Troia, <br />shall be perntlted to execute a (ease of tine Property that does not contain au option to put chase slid there term of <br />which does our exceed one year; <br />(0 Abatdomuent or the Property; or <br />(g) If Tmstor is not au individual, the issuance, sale, transfer, assignment, conveyance or encumbrance of more than <br />(ifs corporation) a total of NA percent Of!(' issued and nWSlAoding stock, Or (ifs par ht —Win) A rural of NA <br />percent ofparhnershhp interests, or (ifa limited liability company) a total of NA percuulof fire limited liability <br />company interests or voting rights during Elio period this Deed of Trust nenoius alien on the properly. <br />17. Remedies; Accelerallnn Upon Default, In the eyenl of ary Evert ofUefault Lender may, without malice except as <br />required by law, deelore All indebtedness secured hereby to be due and payable and the 1-111, shall thereupon boetine due and payable <br />wilhout any presentment, demand, protest or notice of any kind Thereafter Lender may; <br />(a) Demand fist Trustee exercise lbe POWER OF SALE granted herein, and Trustee shaft thn,cif er cause tustur's <br />interest in flue Property to be sat,[ and tine proceeds to be distributed, All in the mamrer pnnvided in tire Nebraska <br />Dust Deeds Act; <br />(b) Exercise airy slid all right provided fn in ally of (lie Lea, Eastnrmmns or by IAw upon occurcnce of acy F, cut of <br />Default; and <br />