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20050,`105
<br />transport of any Hazardous Materials on, under, from or about the Property. THE FOREGOING
<br />WARRANTIES AND REPRESENTATIONS, AND TRUSTOR'S OBLIGATIONS
<br />PURSUANT TO THE FOREGOING INDEMNITY, SHALL SURVIVE RECONVEYANCE
<br />OF THIS DEED OF TRUST.
<br />10. Assignment of Rents. Trustor hereby assigns to Lender the rents, issues and profits
<br />of the Property, provided that Trustor shall, until the occurrence of an Event of Default here-
<br />under, have the right to collect and retain such rents, issues and profits as they become due and
<br />payable. Upon the occurrence of an Event of Default, Lender may, either in person or by agent,
<br />with or without bringing any action or proceeding, or by a receiver appointed by a court and
<br />without regard to the adequacy of its security, enter upon and take possession of the Property, or
<br />any part thereof, in its own name or in the name of Trustee, and do any acts which it deems
<br />necessary or desirable to preserve the value, marketability or rentability of the Property, or any
<br />part thereof, or interest therein, increase the income therefrom, or protect the security thereof,
<br />and, with or without taking possession of the Property, sue for, or otherwise collect, the rents,
<br />issues and profits thereof, including those past due and unpaid, and apply the same, less costs
<br />and expenses of operation and collection, including attorneys' fees, upon any indebtedness
<br />secured hereby, all in such order as Lender may determine. The entering upon and taking
<br />possession of the Property, the collection of such rents, issues and profits and the application
<br />thereof as aforesaid shall not cure or waive any default or notice of default hereunder or
<br />invalidate any act done in response to such default or pursuant to such notice of default and,
<br />notwithstanding the continuance in possession of the Property or the collection, receipt and
<br />application of rents, issues or profits, and Trustee and Lender shall be entitled to exercise every
<br />right provided for herein or in any of the Loan Instruments or by law upon occurrence of any
<br />Event of Default, including, without limitation, the right to exercise the power of sale. Further,
<br />Lender's rights and remedies under this paragraph shall be cumulative with, and in no way a
<br />limitation on, Lender's rights and remedies under any assignment of leases and rents recorded
<br />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
<br />Deed of Trust:
<br />(a) Failure to pay any installment of principal or interest or any other sum
<br />secured hereby when due;
<br />(b) A breach of, or default under, any provision contained in the Note,
<br />this Deed of Trust, any of the Loan Instruments or any other lien or encumbrance
<br />upon the Property;
<br />(c) A writ of execution or attachment, or any similar process, shall be
<br />entered against Trustor which shall become a lien on the Property or any portion
<br />thereof or interest therein;
<br />(d) There shall be filed by or against Trustor or Borrower an action under
<br />any present or future federal, state or other statute, law or regulation relating to
<br />bankruptcy, insolvency or other relief for debtors, or there shall be appointed any
<br />trustee, receiver or liquidator of Trustor or Borrower or of all or any part of the
<br />Property, or the rents, issues or profits thereof, or Trustor or Borrower shall make
<br />any general assignment for the benefit of creditors;
<br />(e) The sale, transfer, assignment, conveyance or further encumbrance of
<br />all or any part of or any interest in the Property, either voluntarily or involuntarily,
<br />without the express written consent of Lender or as otherwise herein permitted; or
<br />(f) Abandonment of the Property.
<br />12. Remedies; Acceleration Upon Default. In the event of any Event of Default, Lender
<br />may, without notice except as required by law, declare all indebtedness secured hereby to be due
<br />and payable, and the same shall thereupon become due and payable without any presentment,
<br />demand, protest or notice of any kind. Thereafter, Lender may:
<br />(a) Demand that Trustee exercise the POWER OF SALE granted herein,
<br />and Trustee shall thereafter cause Trustor's interest in the Property to be sold and
<br />the proceeds to be distributed, all in the manner provided in the Nebraska Trust
<br />Deeds Act;
<br />(b) Exercise any and all rights provided for in the Note, this Deed of Trust
<br />or any of the Loan Instruments or by law upon occurrence of any Event of
<br />Default; and
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