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<br />200807525
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<br />proceedings, and shall also be entitled to make any compromise or settlement in connection with such taking or damage. In
<br />the event any portion of the Property is so taken or damaged, Lender shall have the option, in its sole and absolute discretion,
<br />to apply all such Proceeds, after deducting therefrom all costs and expenses incurred by it in connection with such Proceeds,
<br />upon any indebtedness secured hereby and in such order as Lender may determine, or to apply all such Proceeds, after such
<br />deductions, to the restoration of the Property upon such conditions as Lender may determine. Any application of Proceeds to
<br />indebtedness shall not extend or postpone the due date of any payments under the Note, or cure any default thereunder or
<br />hereunder. Any unapplied funds shall be paid to Trustor.
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<br />8. Performance of Lender. Upon the occurrence of an Event of Default hereunder, or if any act is taken or legal proceeding
<br />commenced which materially affects Lender's interest in the 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 from any obligation, do any
<br />act which Trustor has agreed but fails to do and may also do any other act it deems necessary to protect the security hereof.
<br />Trustor shall, immediately upon demand there for by Lender, pay to Lender all costs and expenses incurred and sums
<br />expended by Lender in connection with the exercise by Lender of the foregoing rights, together with interest thereon at the
<br />default rate provided in the Note, which shall be added to the indebtedness secured hereby. Lender shall not incur any
<br />liability because of anything it may do or omit to do hereunder.
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<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 referred to herein as "Environmental Laws"). Trustor
<br />shall keep the Property fee from all substances deemed to be hazardous or toxic under any Environmental Laws (collectively
<br />referred to herein as "Hazardous Materials"). Trustor hereby warrants and represents to Lender that there are no Hazardous
<br />Materials on or under the Property. Trustor hereby agrees to indemnify and hold harmless Lender, its directors, officers,
<br />employees and agents and any successors to Lender's interest, from and against any and all claims, damages, losses, and
<br />liabilities arising in connection with presence, use, disposal, or transport of any Hazard Materials on, under, from or about the
<br />Property. THE FOREGOING WARRANTIES AND REPRESNTATIONS, AND TRUSTOR'S OBLIGATIONS
<br />PURSUANT TO THE FOREGOING INDEMNITY, SHALLSURVIVE RECONVEYANCE OF THIS DEED OF TRUST.
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<br />10. Assignment of Rents. Trustor hereby assigns to Lender the rents, issues and profits of the Property; provided that Trustor
<br />shall, until the occurrence of an Event of Default hereunder, have the right to collect and retain such rents, issues and profits
<br />as they become due and payable. Upon the occurrence of an Event of Default, Lender may, either in person or by agent, with
<br />or without bringing any action or proceeding, or by a receiver appointed by a court and without regard to the adequacy of its
<br />security, enter upon and take possession of the Property, or any part thereof, in its own name or in the name of the Trustee,
<br />and do any acts which it deems necessary or desirable to preserve the value, marketability or rentability of the Property, or
<br />any part thereof or interest therein, increase the income therefrom or protect the security hereof and, with or without taking
<br />possession of the Property, sue for or otherwise collect the rents, issues and profits thereof, including those past due and
<br />unpaid, and apply the same, less costs and expenses of operation and collection including attorneys' fees, upon any
<br />indebtedness secured hereby, all in such order as Lender may determine. The entering upon and taking possession of the
<br />Property, the collection of such rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any
<br />default or notice of default hereunder or invalidate any act done in response to such default or pursuant to such notice of
<br />default and, notwithstanding the continuance in possession of the Property or the collection, receipt and application of rents,
<br />issues or profits, and Trustee and Lender shall be entitled to exercise every right provided for in any of the Loan Instruments
<br />or by law upon occurrence of any Event of Default, including without limitation the right to exercise the power of sale.
<br />Further, Lender's rights and remedies under this paragraph shall be cumulative with, and in no way a limitation on, Lender's
<br />rights and remedies under any assignment of leases and rents recorded against the Property. Lender, Trustee and the receiver
<br />shall be liable to account only for those rents actually received.
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<br />11. Events of Default. The following shall constitute an Event of Default under this Deed of Trust:
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<br />(a) Failure to pay any installment or principal or interest of any other sum secured hereby when due;
<br />(b) A breach of default under any provision contained in the Note, this Deed of Trust, any of the Loan
<br />Instruments, or any other lien 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
<br />a lien on the Property or any portion thereof or interest therein;
<br />(d) There shall be filed by or against Trustor or Borrower an action under any present or future federal, state, or
<br />other statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors; or there shall be
<br />appointed any trustee, receiver or liquidator of Trustor or Borrower or of all or any part of the Property, or
<br />the rents, issues or profits thereof, or Trustor or Borrower shall make any general assignment for the benefit
<br />of creditors;
<br />(e) The sale, transfer, lease, assignment, conveyance or further encumbrance of all or any part of or any interest
<br />in the Property, either voluntarily or involuntarily, without the express written consent of Lender; provided
<br />that Trustor shall be permitted to execute a lease of the Property that does not contain an option to purchase
<br />and the term of which does not exceed one year;
<br />(1) Abandonment of the Property; or
<br />(g) If Trustor is not an individual, the issuance, sale, transfer, assignment, conveyance, or encumbrance of more
<br />than a total of percent of (if a corporation) its issued and outstanding stock or (if a partnership)
<br />a total of percent of partnership interests during the period this Deed of Trust remains a lien on the
<br />Property.
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<br />12. Remedies: Acceleration Upon Default. In the event of any Event of Default, Lender may without notice except as required
<br />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:
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<br />(a) Demand that Trustee exercise the POWER OF SALE granted herein, and Trustee shall thereafter cause
<br />Trustor's interest in the Property to be sold and the proceeds to be distributed, all in the manner provided in
<br />the Nebraska Trust Deeds Act;
<br />(b) Exercise any and all rights provided for in any of the Loan Instruments or by law upon occurrence of any
<br />Events of Default; and
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