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200900809 6. Sums Advanced to Bear Interest: To pay immediately upon demand any sums advanced or paid by Beneficiary or Trustee under any clause or provision of this Deed of Trust. Any such sums, until so repaid, shall be secured hereby and bear interest fonn the date advanced or paid at the same rate as the Promissory Note and shall be secured by this Deed of Trust. ., 7. Assignment of Deposits: That as further additional security if this be a construction loan, Trustor hereby transfers and a"igns to Beneficiary during continuance of these Trusts, all right, title and interest to any and all monies deposited by Trustor or deposited on behalf of Trustor with any city, COWlty, public body or agency, sanitary district, gas and/or electric company, telephone company and any Olher body or agency, for the installation or to secure the installation of any utility by Trustor, pertaining to such property. 8. Failure of Trustor to Comply with Deed of Trust: Should Trustor fail to make any payment, or to do any act as provided in this Deed ofTrust, Or fail to perfonn any obligation secured by this Deed of Trust, or do any act Trustor agreed not to do, Trustor shall be in default under this Deed of Trust. Beneficiary, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any ohligation hereof and without contesting the validity or amount of the same, may (a) make or do the same in such manner and to such extent as it may deem necessary to protect the security hereof, Beneficiary being authorized to enter upon such property for such purposes, and (b) pay, purchase, contest or compromise any eneumbranee,eharge or lien, which in its judgement is or appears to be prior or superior hereto, and (c) in exercising any such power, pay necessary expenses, employ counsel and pay his reasonable fees. Trustor a~'Tees to repay any amount so expended on demand of Beneficiary. 9. Litigation: Trustor shall defend this Trust in any action or proceeding purporting to affect such property, whether or not it affects the security hereof, or purporting to allect the rights or powers of Beneficiary of Trustee, and shall file and prosecute all necessary claims and actions to prevent or recover for any damage to or destruction of such property, and either Trustee or Bcneficiary is hereby authorized without obligation so to do, to eommenec, appcar in or defend any such action, whether brought by or against Trustor, Beneficiary or Trustee, or with or without suit, to exercise or enforce any other right, remedy or power availahle or conferred hereunder, whether or not judgment be entered in any action or proceeding; and Trustor or Beneficiary may appear to intervene in any action or proceeding, and retain counsel fIIerein; and take such action therein, as either may be advised and may settle, compromise Or pay the same Or any other claims and, in the behalf and for any of said purposes, may expend and advance such sums of money as either may deem necessary. Whether or not Trustor so appears or defends, Trustor on demand shall pay all costs and expenses of Beneficiary and Trustee, including costs of evidence of title and attomey's fees in a reasonable sum, in any such action or proceeding iIl which Beneficiary Or Trustee may appear by virtue of being made a party defendant or otherwise and irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned hy such action, including hut nOllimited to any action for the condemnation or partition of such property. 10. Condemnation: All sums duc, paid or payable to Trustor, Or any succeSSor in interest Or Trustor, whether by way of judgement, settlement or otherwise, (a) for injury or damage to such property, or (b) in connection with any condemnation for public use or injnry to such property or any part hereof, or (c) in connection with the transaction financed by the loan secured hereby, or (d) arising out of all causes of action, whether accruing before or after the date of this Deed of Trust, sounding in tort or contract, including causes of action for frand or concealment of a material fact, together with the settlements, proceeds, award and damages, dircet and consequential, in connection thcrewith, are absolutely and irrevocably assigned and shall be paid to Beneficiary. Beneficiary shall be entitled, at its option, to commerce, intervene in, appear in and prosecute in its own name, any action or proceeding, or to make any compromise or scttlement, in connection with any such taking or damage. Trustor agrees to execute such further assignment of any compensation, award, damages, rights of action and proceeds as Beneficiary may require. All amounts received by Beneficiary pursuant to this Deed of Trust under any fire or other insurance policy, in connection with any condemnation for public usc of or inj ury to such property, for injury or damage to such property or in connection with the transactions financed by tile loan secured hereby are to be applied, at tile option of Beneficiary upon any indehtedness secured hereby. No such application, use Or release shall cure or waive any default, or notice of default, hereunder or invalidate any act done pursuant to such notice. 11. Consent, Partial Reconveyance, etc.: That at any time, or from time to time, without liability therefor, and witllOut notice, upon written request of Beneficiary, and without affecting the personal liability of any person for payment of the indebtedness secured hereby, or the lien of this Deed of Trust upon the remainder of such property for the full amoulll of the indebtedness then or thereafter secured hereby, or the rights or powers ofthe Beneficiary or the Tmstee with respect to the remainder of such property, Trustee may (a) reconvey any part of such property, (b) consent ot the making of any map or plat thereof, (c) join in granting any easement thereon, or (d) join in any extension agreement or any agreement subordinating the lien or charge hereof. 12. Full Reconveyance: That, upon written request of Beneficiary stating tllat all sums secured hereby have been paid, Trustee shall reconvey, without warranty, the property then held hereunder. The recitals in such reconveyance of any matters of fact shall be conclusive proof of the truthfulness thereof. The grantee in such reconveyance may be designated as "the person or persons legally entitled thereto". Such request and reconveyance shall operate as a reassignment of the rents, income, issues and profits hereinhefore assigned to beneficiary. 13. Right to collect and Receive Rents and Profits: Notwithstanding any other provisions hereof, Benelieiary hereby grants pennission to Trustor to collect and retain the rents, income, issues and profits of such property as they become due and payable, but reserve the right to revoke such pemlission at any time, with or without cause, by notice in writing to Trustor, mailed to Trustor at his last known address, in any event, such pennission to Tmstor automatically shall be revoked upon default hy Trustor in payment of indebtedness secured hereby or in tile perlomlance of any Agreement hereunder. On any such default, beneficiary may at any time without notice, either in person, by agent, or by receiver to be appoinled by the Court, and without regard to the adequacy of any security for the indehtedness secured hereby, enter upon and take possession of such property, or any part thereof; make cancel, enforce or modify leasesj obtain and eject tenantSj set or modify rents; in its own nanIe sue or otherwise collect the rentsl income, issues and profit~ thereof; including those past due and unpaid; and apply the same, less costs and expenses of operation and collection, including reasonable attorney's fees, upon any indebtedness secured hereby and in such order as Beneficiary may detennine; and except for such application, Beneficiary shall not be Iiahle to any person for the collection or non-collection of any rents, income, issues or profits, for the failure to assert or enforce any of the foregoing rights, nor shall Beneficiary be charged witll any of the duties and obligation of a mortgage in possession. The entering upon and laking possession of such property, the collection of such rents, income, issues or profits, the doing of other acts herein authorized, and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. 14. Hazardous Substances: The temts "hazardous waste", "hazardous substance", "disposal", "release", and" threatened release", as used in this Deed of Trust, shall have file same meaning as set forth in the Comprehensive Environmcntal Response, Compensation, and Liability Act of 1980, as amended, 42 U.s.c. Section 9601, ct se4. (" CRRCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"),the Hazardous Materials Transportation Act, 49 U.S.c. Section 6901, et seq., or other applicable state or Federal laws, mles, or regulations adopted pursuant to any of the foregoing. Trustor represents and warrants to Lender that: (a) During the period of Trustor ownership of file Property, tllere has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any hazardous waste or suhstancc by any person on, under or about the Property; (b) Trustor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged hy Lender in writing, (i) any use, generation, manufacture, storage, treatrnen~ disposal, release, or fIIreatened release of any hazardous waste or suhstanee by any prior OwnerS or occupants of the Property or (ii) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (c) Except as previously disclosed to and acknowledged by Lender in writing, (i) neither Trustor nor any tenant, contmctor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of; or release any hazardous waste or substance on, under, or about tile Property and (ii) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulation and ordinanccs, including without limitation those laws, rcgulations, and ordinances described above. Trustor authorizes Lender and its agents to enter upon the Property to make such inspections and tests as Lender may deem appropriate to detennine compliance of tile Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Trustor or to any other person. The representations and warranties contained herein arc based On Trustor's due diligence in investigating the Property for hazardous waste. Trustor hereby (a) rcleases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for cleanup or other costs under any such laws, and (b) agrees to indenmify and hold hamlless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a bmnch of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, stomge, disposal, release or threatened release occurring prior to Trusto~s ownership or interest in dIe Property, whether or not the same was or should have been known to Trustor. The provisions of this section of the Deed of Trust, including the obligation to indenmify, shall survive the payment of the indebtedness and file satisfaction and reconveyance ofthe lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest in the Property, whetller by foreclosure or otherwise. 15. Judicial Foreclosure or Trustee's Sale on Default: Upon Default by Trustor in payment of any indebtedness secured hereby or in perfonnance of any agreement hereunder or any agreement secured hereby, Beneficiary may declare all sums secured hereby immediately due and payable and, at the option of the Beneficiary, this Deed of Trust may be foreclosed in tile manner provided by law for the foreclosure ofmortgages on real property; or may be sold in the manner provided in the Nebraska Trust Deeds Act under the power of sale conferred upon the Trustee hereunder. In the event tllat the property is sold pursuant to the power of sale conferred upon the Trustee hereunder, the Trustee shall canse to he filed of record a written notice of default and election to sell such property. After tile lapse of such time as then may be required by law following recordation of snch notice of default, and notice of sale having heen given as then required by law, Trustee, without demand on Trustor, shall sell such property, eitller as a whole or in separate parcels, and in such order as it or Beneficiary may detemline at public auction to the highest bidder. Trustee may postpone the sale of all or any portion of such property by public announcement at the time and place of sale, and from time to time tllereafter may postpone the sale by public announcement at the time and place fixed by the preceding postponement. Trustee shall deliver to such purchaser its deed conveying the property so sold, but without any covenant or warranty, express or implied. The recital in such deed of any matters of fact or otherwise shall be conclusive proof of tlle truthfulness thereof. Any person, including Trustor, Trustee or Beneficiary, may purchase at such sale. Trustee may also sell at any such sale and as part hereof any shares of corporate stock securing the obligation secured hereby, and Trustor waives demand and notice of such sale. (Beneficiary at its option may also foreclose On such shares by independent pledge sale, and Trustor waives demand and notice of such sale.) The Trustee shall apply the proceeds of the Trustee's sale, first, to the costs and expenses of exercising the power of sale and of the sale, including tlle payment of Trustee's fees actually incurred, not to exceed five percent of the principal balance unpaid at the time of recording the notice of default; second1 to the payment of the obligation secured the time or recording the notice of default; second, to the payment of the ohligation secured by this trust deed; tllird, to tile payment of junior trust deeds, mortgages or other licns, and the balance, if any, to the person or persons legally entitled thereto. Upon any default under this Deed of Trust or any note secured hereby and following any acceleration of maturity of tile indebtedness secured herehy, a tender of payment ofthe amount necessary to satisfy the entire indebtedness secured hereby, made at any time prior to a foreclosure sale, whether under the power of sale contained herein or pursuant 10 judicial foreclosure proceedings, shall constitute all evasion of the payment terms of tile indebtedness secured hereby and shall be deemed a voluntary prepayment ofthe indebtedness; and any such payment, to the extent permitted by law, must, fIIerefore, include a premium required under the prepayment privilege, if any, contained in any note secured hereby; or, if at that time there shall be no privilege, if any, contained in any note secured hereby; or, if at that time there shall be no privilege of prepayment then snch payment to the extent pennitted by law, will include a premium for such prepayment of five percent of the then principal balance. 8l23.CY (4/03) 18011 Page 3 01'5 $I GOTO(00068c 10)