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2OO2O3956
<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 hereuntler. Any unappliad funds shall be paid to Truslor.
<br />s. Performance by Lender. Upon the occurrence of an Event of Default , hereunder, or It any act is taken or legal proceeding
<br />Commenced which instantly effects Lender's Interest In the Property, Lender may in its own discretion, but without obligation to do so,
<br />and without nofice to or demand upon Truster and without releasing Trustor from any obligation, do any act which Truster has agreed
<br />but fails to do and may also do any other act it deems necessary to protect the security hereof. Truster shall, immediately upon demand
<br />there for by Lender, pay to Lender all costs and expenses incurred and sums expanded 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. 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 retained to herein as "Environmental Laws "). Truster shell 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 "). Truster hereby warrants and represents to Lender that there are no Hazardous Materials on or under the
<br />Property. Tmstor hereby agrees to Indemnify and hold harmless Lender, Its dbectma, officers, employees and agents, and any successors
<br />to Lender's interest, from and against any and all claims, damages, leases and liabilities arising in connection with the presence, use,
<br />disposal or transport of any Hazardous Materials on, untler, from or about the Property. THE FOREGOING WARRANTIES AND
<br />REPRESENTATIONS, AND TRUSTOR'S OBLIGATIONS PURSUANT TO THE FOREGOING INDEMNITY, SHALL SURVIVE RECONVEVANCE
<br />OF THIS DEED OF TRUST.
<br />10. Assignment of Rents. Truslor hereby assigns to Lender the rents, issues and profits of the Property; provided that Truster
<br />shall, until the occurrence of an Event of Default hereunder, have the right to collect and retain such rants, Issues and profits as they
<br />become due and payable. Upon the occurrence of an Event of Defeat, Lander 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 awn name or in the name of the Trustee, and do any cots which It deems
<br />necessary or desirable to preserve the value, marketability or rentabllily of the Property, or any pert 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. Inclutling those past due and unpaid, and apply the same, less casts and expenses of operation and
<br />collection Including attorneys' lees, 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, shell 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 Lentler shall be entitled to exercise every right provided for a 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 prevision contained In the Note, this Used of Trust, any of the Loan Instruments, or any other
<br />Ilan 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 Ilan on
<br />the Property or any portion thereof or Interest therein;
<br />(d) There shall be fled 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 Truster or Borrower shall make any
<br />general assignment for the benefit of creditors;
<br />(a) The sale, transfer, 'lease, wi gnmant, 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 Truster is not an individual, the Issuance, sale, transfer, assignment, conveyance or encumbrance of more than a total
<br />of percent of (lt a corporation) its issued and outstanding stock or (If a partnership) a total of percent of partnership
<br />interests during the period this Dead Of Treat remains a lien on the Property.
<br />12. Remedies; Acceleration Upon Default. In the event of any Event of Default Lander 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 eximi 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 N any of the Loan Instruments or by law upon occurrence of any Event of Default; and
<br />(c) Commence an action to foreclose this Used of Trust as a mortgage, appoint a receiver, or specifically enforce any of the
<br />..variants 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 pannitted, 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
<br />successively.
<br />13. Trustee. The Trustee may resign at any time without cause, and Lander may at any time and without cause appoint a rI
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