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200204159
<br />). Eminent Domain. Lender is hereby eaelpnad all compensation, awards, damages and other payments or riles (hereinafter "Protease(
<br />In connection with condemnation or other taking of the Property or part thereat, or for conveyance In lieu of condemnation. Lender mall
<br />taken or damaged, Lentler had have the option In its Bola and absolute discretion, to apply all such paths a. after deducting iM1 ... from
<br />all costs and expernee Incurred by It In connection mar such Proceeds, upon any Indebtedness extend hereby and In such order .e
<br />Lender may determine, or to apply all such Proceeds, after such deductions, to the matmartlon of the Property upon such candhiene ea
<br />Lender may determine. Any application of Proceeds to indebtedness shell not extend or postpone the due date of any payments under
<br />the Note, or cure any default thereunder or hereunder. Any unamlial funds shell be paid to Trader.
<br />S. ParlormOnce by Lender. Upon the occurrence of an Event of Default hereunder. or 11 any out Is taken or legal proceeding
<br />commenced which mmadally effects Lenders Interest in the property, Lander may In Its own discretion, but without obllg•tlon to do so,
<br />and without notice to or demand upon Tmator and without releasing Truator from any obligation, do any act which Toaster has Oraaed
<br />but fails to do and may also do any other act It deems necessary to protect the security hereof. Trader shell, Immediately upon demand
<br />therefor by Lender, pay to Lender 011 costs and expenses incurred and soma expended. by Lander in connection with the earls by
<br />Lander of the foregoing rights, together with Interest thereon at the default rate provided In the Note, which shell be added to the
<br />Indebtedness secured hereby. Lander shell not Incur any liability because of anything It may do or omit to do hereunder.
<br />S. Hazardous Materials. Treanor shell keep the Property in eompinnee with all applicable laws, ordinances and regulations relating to
<br />Industrial hygiene or environmental piotectf.n (collectively referred to herein ea "Environmental Laws'). Transfer shell keep the Property
<br />free from all substances deemed to be hazardous or toxic under any Environmental Lew. (colloadvely referred to herein as "Hazardous
<br />Materials "). Truster hereby warrants and represents to Lander that there are on Hazardous Material on or under the Propeny. Trader
<br />hereby agrees to indemnify and hold harmless Lender. Its directors, officers, employees and agents, and any successors to Lender's
<br />t........ from end .,aloe, any and If claims, damages, losses and liabilities arising In connection with the presence, use, disposed or
<br />transport of any Hazardous Materiels on, under, (ram or about the Property. THE FOREGOING WARRANTIES AND REPRESENTATIONS,
<br />AND TRUSTOR'S OBLIGATIONS PURSUANT TO THE FOREGOING INDEMNITY, SHALL SURVIVE RECONVEYANCE OF THIS DEED OF
<br />TRUST.
<br />Ire ts, Issues of Rents. Tremor hereby provide to Lender, and ,rams Lender • uNllty of so E in, all Default feren and hater
<br />the I rents, .suer entl profits of the Progeny: provided that ➢name shall, until the occurrence of en Event of errant[ of an Event t of
<br />the right a ..her, a and re\eln person or leaves and profile as may become due end payable. Upon the F,recence as Event as
<br />Daunt,, Lewder may, either in pere.n ai by agent, with enter upon and take any possession or proceeding, he war or by s receiver appointed of, s by n
<br />nun and without he n regard to the Trustee, an al Its security, which Upon end nke scary r desirable el ,be Raprese yr any part eM1ereof, In es awn
<br />mean .r in the name ai fie any part and tlo any acts which N tlea In necessary or methe to preserve prof the verse, mask ereofiy or
<br />rentability th or ofthe Property.se any wen he Prop rt .suef rorr otherwise r to Incomes the Income therefrom and profits protect the security
<br />din hereof past
<br />with pi without eking Dying ton as the Progeny, eve Ire or Leader. callers the rents. Issues and ndpr fits, In (costs an [FOSS pees
<br />due and ion and by notion In ndi ng to melee payments to Indebtedness Lentler may apply ionic, ls :wee end prelim, Ins costs end expenses
<br />en he
<br />n npereg.w entl d collection osrding attorneys' ohePfees,le any indabietlneof such Fo M1ereby,ell in d such ortlern LaMar may determine. therf as
<br />aforesaid, , shall entl cure, r waive an of the Pep any, the default renfe, Issues end croon, and the se to thereof as
<br />pursuant .M1sl not cure or waive any , , or notice of the hereunder uder Or ne any act opne n r the collection, to ouch ceipt or
<br />porsuati fo each notice as or default
<br />pro and, rustenotwithstanding L the all be in tpossession examine of every Progeny id IM1e coliectlny receipt and
<br />Instrument of rents, lsavea or profile, Trustee end Lender shall be emPoed to out limitation every dg ht provided ex for In any of the Loess
<br />Instruments Len a by law upon remedies a or any Event of Default Including wRM1OUI and Inmost IM1e right to exercise the power of sand
<br />manse Lender's rights .. and ent of a now, d paragraph an shell be cumulative arty, end er no wee a Ind the r cei Lender's shall e,M1ts and
<br />readies under any those r nts act vi Inecei and lea \e recorded egelm[ IM1e Pmpmty. Lender, Truebe end the receiver shell ba liable m
<br />urll wen s oDef non aefolloy ing shell
<br />ca 11. Events of o pay a y Instillment shell ropaRem an Eyam of Default under cured her of Trust:
<br />Rd A be c pay or default a It and of principal
<br />pang re instal of any e N mm secured hereby when due;
<br />Ibl a breech m ra default untler any provislxn contained In IM1e No,e, this Deed of Trust, any of the Loan Instruments, or any
<br />other lien art of execution upon the meat Property;
<br />Id A writ of execullon or attachment or any similar praceas each be entered against Trustoi which shell became a lien an the
<br />Property or any portion thereof or interim liberals:
<br />Id) There shell be filed by or against Turner or Borrower an action under any present or future federal, state or ether statue, law
<br />or regulation relating to bmkeptcy. Insolvency or stripe relief for debtors: or there sM1ell be appointed any trustee, receiver o r
<br />liquidator of Truator or Borrower or of .II or any part of the Property, or the rents, issues or profits thereof, at Truster or Borrower
<br />shall make any general assignment for the benefit of creditors;
<br />(a) The sale, transfer. lease. assignment, conveyance or further encumbrance of ail or my pan of by eny Internet In the Property,
<br />either voluntarily or Involuntarily, without the express written consent of Lender; provided that Truator shall be permitted to execute
<br />R lease of the Property that does not contain an option to purchase and the term of which does not exceed one year;
<br />1fl Abandonment of the Property; or
<br />IS) If Tmator is not on Individual, the Issuance. sale, transfer, assignment, conveyance or encumbrance of more than lif a
<br />,pro ... Good is total Of x/A percent Of Its Issued and Outstanding stock, or Of reportorial l a total Of n/A prseon of
<br />Partnership micros., oT@lrlied mny) liability copa a total of X/A percent oa IM1e limited liability compenT y n0 of voting
<br />rights doing the period this Deed of Trust remains a lien on the Property.
<br />13. Remedies; Apartment. Upon Default In the event of any Event of Default Lander may, without notice all as acquired bylaw.
<br />declare all indebtedness secured hereby to be due and payable and the same shell thereupon became due and payable without any
<br />presentment, demand, protest or notice of any kind. Thereafter Lender may:
<br />Led Demand that Trustee torpreirs, the POWER OF SALE granted herein. and Trustee shall thereafter cause Truster's interest
<br />In the Property to be sold and the proceeds to be distributed, all in the manner provided In the Nebraska Treat Dead. An:
<br />W Exercise any and all rights provided for In any of the Loan Instruments or by law upon occurrence of any Event of
<br />Default; and
<br />W Commence an sate.. to me. I... his Deed of Trust es a mortgage, appoint a receiver, of specifically enforce any of the
<br />covenants hereof.
<br />No remedy herein conferred upon or reserved to Trustee or Lander is Intended to be exclusive of any Other remedy herein, In the Loan
<br />Instruments or by law provided or permitted. but each ,hail be cumulative, shell be In addition to every other remedy given hereunder, In
<br />the Loan Instrument• or now or hereafter painting at law or In equity or by statute, and may be exercised concurrently, Independently or
<br />ec
<br />c... say.
<br />u 13. Trustee. The Trustee may resign at any time without cause, and Lander may at any time and.wnthou\ cause appoint . successor
<br />or substitute Trustee. Trustee .1mil not be liable to any petty. Including without limitation Lender, Borrower. Truster or any purchaser of
<br />the Propane, for any lose m damage ualeas due to reckless of willful m.cOntluct, end shall not be required to take any action In
<br />ne. with the enforcement of this Dead of Trust unless indemnified, in writing, for all coats, compensation or expenses which carry be ettl emaciated ,herewith. In addition, Trusts. may become a purchaser at any hale of the Property (judicial or under the power of sale
<br />granted Israel; postpone the sale of all or any reserve of the Property, ae provided by law; or all the Progeny as • wM1O., .1 In aepr ate
<br />parcels or lots at Trustee's discretion.
<br />14. Fee. and Expenses In the avant True,.. call. the Pnpeny by expec.e of power of sere, Trustee shall be entitled to apply any ante
<br />Proceeds first to payment of all cane and aspens of exorcising power of sale, Including all Tmane's lees, and lace n a and Trustee's
<br />attorney's less, actually Incurred to extent permitted by epplimble law. In the went Borrower or Trader exercises any right providetl by
<br />low to cure an Event of Default. Lender shall be entitled to recover from Trunor all costa and expeneae actually Incurred ee a result of
<br />Truator'. default. Including without limitation .11 Treat.... end nforney'e lees. to the umer pnmliletl by mplial law.
<br />1B. Future Advances. Upon request of Borrower, Lender may, at Its option, make additional and future advances and readvances to
<br />Borrower. Such advances and madvances, with Interest thereon, shell be secured by this Deed of Trust. At no time shall the principal
<br />am u.t of the Intestate... ..rated by This Dead of Trust not Inclutling s advanced to protect the security of this Deed of Trust.
<br />exceed the odel g. principal amount Orated hamlet or E 800, 000.90 whicbavar 1. greater.
<br />vecIsaIF alena•nca,vd o..as aw.ena .
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