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<br />200704139
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<br />damages, losses and liabilities arising in connection with the presence, use, disposal or transport
<br />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.
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<br />10. Assienment of Rents. Trustor hereby assigns to Lender the'rents, issues
<br />and profits of the Property; provided that Trustor shall, until the occurrence of an Event of
<br />Default hereunder, have the right to collect and retain such rents, issues and profits as they
<br />become due and payable. Upon the occurrence of an Event of Default, Lender may, either in
<br />person or by agent, with or without bringing any action or proceeding, or by a receiver appointed
<br />by a court and without regard to the adequacy of its security, enter upon and take possession of
<br />the Property, or any part thereof, in its own name or in the name of Trustee, and do any acts
<br />which it deems necessary or desirable to preserve the value, marketability or rentability of the
<br />Property, or any part thereof or interest therein, increase the income therefrom or protect the
<br />security hereof and, with or without taking possession of the Property, sue for or otherwise
<br />collect the rents, issues and profits thereof, including those past due and unpaid, and apply the
<br />same, less costs and expenses of operation and coIlection including attorneys' fees, upon any
<br />indebtedness secured hereby, all in such order as Lender may determine. The entering upon and
<br />taking possession of the Property, the collection of such rents, issues and profits and the
<br />application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder
<br />or 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 in any of the Loan Instruments or by law upon occurrence of any Event of
<br />Default, including without limitation the right to exercise the power of sale. Further, Lender's
<br />rights and remedies under this paragraph shall be cumulative with, and in no way a limitation on,
<br />Lender's rights and remedies under any assignment of leases and rents recorded against the
<br />Property. Lender, Trustee and the receiver shaH be liable to account only for those rents actually
<br />received.
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<br />11. Events of Default. Each of the following shall constitute an Event of
<br />Default under this Deed of Trust:
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<br />(a) Events of Default defined in the Note; and
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<br />(b) granting any other lien or encumbrance upon the Property (other than the
<br />lien granted to Platte Valley State Bank & Trust Company securing a $550,000 term note,
<br />which lien shall be junior to the lien granted to Lender under this Deed of Trust).
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<br />12. Remedies: Acceleration Upon Default. In the event of any Event of
<br />Default Lender may, without notice except as required by law, declare all indebtedness secured
<br />hereby to be due and payable and the same shall thereupon become due and payable without any
<br />presentment, demand, protest or notice of any kind. Thereafter Lender may:
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<br />(a) Demand that Trustee exercise the POWER OF SALE granted herein, and
<br />Trustee shall thereafter cause Trustor's interest in the Property to be sold and the proceeds
<br />to be distributed, all in the manner provided in the Nebraska Trust Deeds Act;
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<br />(b) Exercise any and all rights provided for in any of the Loan Instruments or
<br />by law upon occurrence of any Event ofDefau1t; and
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<br />(c) Commence an action to foreclose this Deed of Trust as a mortgage,
<br />appoint a receiver, or specifically enforce any of the covenants hereof.
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<br />No remedy herein conferred upon or reserved to Trustee or Lender is intended to be exclusive of
<br />any other reinedy herein, in the Loan Instruments or by law provided or permitted, but each shall
<br />be cumulative, shall be in addition to every other remedy given hereunder, in the Loan
<br />Instruments or now or hereafter existing at law or in equity or by statute, and may be exercised
<br />concurrently, independently or successively.
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<br />13.
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<br />Trustee.
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<br />Trustee may, upon seven (7) days' prior written notice to
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<br />D-Deed ofTmst (Nebraska) May 2007(1529784_6) (4).DOC
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