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6. 11'Iaintenance, Repairs and Compliance n ilh Laws. 'I'rttstor shall keep the Property in good condition and repair, shall
<br />promptly repair, or replace any in,provenrettt which may be damaged or destroyed; shall not couut.it or permit any waste or
<br />deterioration of the Property; shall not remove, demolish or substantially alter any of the improvements oil the Property; shall not
<br />comnut, suffer or permit any act to be done in or upon the Property in violation orally law, ordinance, or regulation; and shall pay and
<br />promptly discharge at Trustor's cost and expense all liens, encumbrances and charges levied, imposed or accessed against the Properly
<br />or any part thereof.
<br />7. Eminent Domain. Lender is hereby assigned all compensation, awards, damages Bud 'other payments or relief (hereinafter G
<br />"Proceeds ") ill coturection with, condemnation or other taking of the Property or part thereof, or for conveyance in lien orcondeul-
<br />nation. Lender shall be entitled at its option to Commence, appear in and prosecute in its own name any action or proceedings, and
<br />shall also be entitled to stake any compromise or settlement in connection with such (,'king or damage. In the event 11131 portion of the
<br />Property is so taken or damaged, Lender shall have the option in its sole and absolute discretion, to apply all such proceeds, after
<br />deducting therefrom all costs and expenses incurred by it in connection with such Proceeds, upon any indebtedness secured lteteby and .�
<br />in such. order as Lender may deternine, or to apply all such Proceeds, after such dediuctions, to the restoration of tile, Property upon Co
<br />such conditions as Lender may determine. Any application of Proceeds to indebtedness shall not extend or postpone the due date of
<br />any payments under the Note, or cure any default thereunder or hereunder. Any unapplied funds shall be paid to "Trustor.
<br />8. Performance by Lender. Upon the occurrence of an Event of Default hereunder, or if arty act is lakeu or legal
<br />proceeding commenced which materially affects Lender's interest in flue Property, Lender may in its own discretion, but without
<br />obligation to do so, and without notice to or demand upon Trustor and without releasing Trustor £roar any obligation, do any act vdticit
<br />Trustor has agreed but failed to do and may also do any other act it deems necessary to protect the security hereof. Trustor slrall,
<br />immediately upon demand therefor by Lender, pay to Lender all costs and expenses incurred and stuns e xpended by bender in
<br />coturection with the exercise by Lender of the foregoing rights, together with interest thereon at the default rate provided in the Note,
<br />which shall be added to the indebtedness secured hereby. Lender shall not incur any liability because of anything it nuav do or omit to
<br />do hereunder.
<br />9. Hazardous Materials. Trustor slrall keep file Property in compliance will, all applicable laws, ordinances and regulations
<br />relating to industrial hygiene or envirommenlal protection (collectively referred to herein as "Envi,ont rental Law,,;"). 'rrustor shall
<br />keep the Property Free trout all substances deemed to be hazardous or toxic under any Environmental Laws (collectively tefetted to
<br />herein as "hazardous Materials "). 'frustor hereby warrants and represents to Lender that there are no Hazardous Materials Ott or under
<br />the Property. Trustor lteteby agrees to indemnify and hold harmless Lender, its directors, officers, employees and agents, and any
<br />successors to Lender's interest, from and against any and all claims, damages, losses and liabilities arising ill connection with the
<br />Presence, use, disposal or transport of any IIazardous Materials on, under, front or about the Property. THE FOREGOING
<br />WARRANTIES AND REPRESENTATIONS, AND TRUSTOR'S OBLIGATIONS PURSANT TO TIIE FOREGOING
<br />INDEMNITY, SHALL SURVIVE RECONVEYANCE OF TIIIS DEED OF TRUST.
<br />10. Assigmuent of Rents. Trustor hereby assigns to Lender, and grants Lender a security interest in, alt present, future and
<br />after arising rents, issues and profits of the Property; provided that Trustor slrall, until the occurrence of ,'n Event of Default,
<br />hereunder, have the right to collect and retain such rents, issues and profits as they become due and payable. Upon the occurrence Of
<br />all Event or Default, Lender tray, either in person or by agent, with. at without bringiog any action or proceeding, or by a receiver
<br />appointed by a court and without regard to thee adequacy of its secutity, enter upon and take possession of the Properly, or any part
<br />thereof, in its own name or in lire name of the Trustee, and do Buy acts which it deems necessary or desirable to preserve file value,
<br />marketability or rentability of tine Property, or any part thereof or interest therein, or to increase fire income therefrom, or protect fhc
<br />security hereof and, with or without taking possession of lire PtOperly, site for or o(l.erwise collect tine rents, issues and profits thereof,
<br />including those past due and unpaid, by notifying tenants to make payments to Lender. Lender may apply rents, issues and profits, less
<br />costs and expenses of operation and collection including attorney's fees, to any indebtedness secured hereby, all in such order as
<br />Lender may delernrine.. The entering upon and lakiug possession of the Ptopetty, the collection of such rents, issues and profits, lod
<br />the application thereof Bs aforesaid slrall not cure or waive any default or notice of default heretmder or invalidate any act done in
<br />,espouse to such default or pursuant to such notice of default and, notwithstanding the cOl.tinuauce in possession of the pt Operty or ttte
<br />collection, receipt and application of rents, issues or profits, Trustee and Lender shall be entilled to exercise every right provided for in
<br />any of the Loan Instrume -,its or by law upon vccurrence of any Eve.nt of Default, including without limitation tine right to exercise file
<br />power of sale. further, Lender's rights and remedies under this paragraph slrall be cumulative with, and in no way a limitation On,
<br />Lender's rights and remedies under an u
<br />y assign,er.t of leases and rents recorded against the Property. Leader, "Trustee and the receiver
<br />shall be liable to account only for those rents actually received.
<br />1 1. Events of llefault. The following shall constitute an Event of Default under this Deed of Trust:
<br />(a) Failure to pay any installment of principal or interest or any other sun, secured lteteby when due;
<br />(b) A breach of or default turder any provision contained in the Note, this Deed of Trust, nny of the Loan
<br />lrtstrurnents, or any other lien or encumbrance upon the Property;
<br />(c) a Nvri.t of execution Or attachment or any similar process shall be entered against Trustor which shall become a
<br />lien on the Property or any portion thereof or interest theteiu;
<br />(d) "there slrall be filed by or against Trustor or Borrower Bit action under airy present or future federal, "stale or
<br />other statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors; or there slrall be
<br />appointed any trustee, receiver or liquidator of Trustor or Borrower or of all or any part of the Property, Or the rents,
<br />issues or profits thereof, or Trustor or Borrower shall make any general assignnent for the benefit of creditors;
<br />(e) The sale, transfer, lease., assigtunent, conveyance or further euctunbraruce of all or any part of Or any interest in
<br />the Property, either voluntarily or involuntarily, without the express written consent of Lender; provided that Trustor
<br />slrall be permitted to execute a lease of the Property that does not contain an option to purchase and the teen of
<br />which does not exceed one year;
<br />(0 Abandonment of lire Property; or
<br />(g) if Trustor is not an individual, file issuance, sale, transfer, assigtunent, conveyance or eucumbtauce of more that,
<br />(if a corporation) a total of NA percent of its issued and outstanding stock, or (if a partnership) n total of NA
<br />percent of partnership interests, or (if a limited liability company) a total of NA percent of the limited liability
<br />company interests or voting rights during the period this Deed of'frust remains a lien on the properly.
<br />12. Remedies; Acceleration Upuri Default. In the event of an }, Event of Default Lender may, without notice except as
<br />requited by law, declare all indebtedness secured hereby to be due and payable and the same slrall thereupon become due Bud payable
<br />without -Illy presentment, demand, protest or notice of any kind. Thereafter Lender may;
<br />(a) Demand that Trustee exercise the POWER OF SALE granted herein, and Trustee shall tttncafler cause Ttus toy 's
<br />interest ill the Property to be sold and the proceeds to be distributed, all it, the manner provided in the Nebraska
<br />Trust Deeds Act;
<br />(b) Exercise any and all right provided for iu any of the Loan Inshumenls or by law upon occurrence of art3' lsveut of
<br />Default; and
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