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<br />6. Sums Advanced to Bear Interest: To pay immediately upon demand any SUlllS advanced or paid hy Bellel1ciary or Truslee under any clause or provision of
<br />this Deed of Trust. Any such sums, until so repaid, shall be secured herehy and bear interest form the date advanced or paid at the same rate as the Promissory Note and shall be secnred
<br /> by
<br />this Deed of Trust.
<br />
<br />7. Assignment of Deposits: That as further additional security if this be a constmctionloan, Tmstor hereby transfers and assigns to Beneficiary during continuance
<br />of these Trusts, all right, title and interest to any and all monies dcpositcd by Trustor or deposited on behalf of TnlStor with any city, county, puhlie hody or agency, sanitary district,
<br /> gas
<br />and/or electric company, telephone company and any other body or agency, for dIe installalion or to secure the installation of any utility by Trustor, pertaining tn such property.
<br />
<br />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 of Tmst, or
<br />fail to perfoml any obligation secured by this Dced of Trust, or do any act Trustor agreed not to do, TnlStor shall bc in default uudcr this Deed of Tmst. Bcncficiary, but without obligatiou
<br />so to do and wilhout notice to or demand upon Trustor and widlOutreleasing TmSlor from any obligation hereof and without contesting the validity or amount of the same, may (a) make or
<br />do the same in such manner and to such extent as it may deem necessary lo protect the security hereof, Beneficiary beillg authorized to enter upon such properly for such purposes, and
<br /> (h)
<br />pay, purchase, contest or compromise any ellcumbrallce,charge or lielll which in its judgement is or appears to be prior or superior hereto, and (c) in exercising any such power, pay
<br />necessary expenses, employ counsel and pay his reasonable fees. Trustor agrees to repay any amount so expended on demand of Beneficiary.
<br />
<br />9. Litigation: TruSlor shall defend this Trust in any action or proceeding purporting to affect such property, whether or not it affects the securily hereof, or purporting 10
<br />affect the rights or powers of Beneficiary of Trustee, and shall file and prosecute all necessary claims and aClions to prevent Or recover for any damage to or destruction of such property,
<br />and either Trustee or Beneficiary is hereby authorized without obligation so to do, 10 commence, appear in or defend any such aClion, whether brought by or agaillst TrUStor, Beneficiary
<br /> or
<br />Trustee, or with or without suit, to exercise or enforce any other right, remedy or power available or conferred hereunder, whether or not judgment be entered ill any action or proceeding;
<br />alld Trustor Or Belleficiary may appear to intervelle in any action or proceeding, alld relain counsel therein; and take such action therein, as either may he advised alld may sellle,
<br />compromise or pay Ihe same or any odler claims and, in the behalf and for any of said purposes, may expend and advance snch sums of money as either may deem necessary. Whelher or
<br />not Tmstor so appears or defends, Tmstor on demand shall pay all costs and expenses of Beneficiary and Tmstee, including costs of evidence of title and attomey's fees in a reasonable
<br />sum, in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise and irrespective of whether the interest of
<br />Beneficiary or Trustee in such property is directly questioned by such action, including but 110t limited to any action fUT the cOlH.1emnati011 or partition of such property.
<br />
<br />10. Condemnation: All sums due, paid or payable to Trustor, or any successor in interesl or TruSlor, whether by way of judgement, seltlement or otherwise, (a) for
<br />injury or damage to such property, or (b) in conuection witll any condemnation for public use or injury to such property or any part hereof, or (c) in connection witll tlle transaction
<br /> financed
<br />by the loan secnred hereby, or (d) arising out of all causes of action, whetller accruing before or aftenbe date of this Deed of Trust, sounding in tort or contract, including causes
<br /> of action
<br />for fraud Or concealment of a material fact, together with the settlements, proceeds, award and damages, direct and consequential, in connection therewith) arc absolutely and irrevocably
<br />assigllcd and shall be paid to Beneficiary. Belleficiary shall be entitled, at its option, to commerce, intervene in, appear in and prosecute in its own name, any action or proceeding,
<br /> or to
<br />make any compronlise or settlement, in cOllnection with any such taking or damage_ Trustor agrees to execute such further assignment of any compcnsatio1l1 award, damages, rights of
<br />action and proceeds as Beneficiary may require.
<br />All amounts received by Beneficiary pursuant to this Deed of Trust under any fire or other insurance policYl in connection with any condemnatinn fnT public u~e of OT injuTY to ~uch
<br />property, for injury or damage to such property or ill connection witll tlle transactions financed by the loan secured hereby are to be applied, at the option of Beneficiary upon ally
<br />indebtedness secured hereby. No such application, use or release shall Cure OT waive any default, or notice of default) hcn~undCT OT invalidate any act done pursuant to such notice.
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<br />11. Consent, Partial Reconveyance, etc.: That at any time, or from time to time, without liability therefor, and without notice, upon written request of
<br />Beneficiary, and without affecting lhe personal liability of any person for paymelll of the indebledness secured hereby, (lr Ihe lien of this Deed of Trust UP(ln thc rcmaindcr of such
<br /> propcrty
<br />for the hill amollnt of tlle indebtedness tllen or thereafter secured hereby, or the rights or powers of the Beneficiary or the Trustee witll respect to the remainder of such property,
<br /> Trustee
<br />may (a) rcconvey any part of such properly, (h) conscnt ot d1c making of any map or plat tllereof; (c) join in granting any easement tllereon, or (d) join in any extension agreement
<br /> or any
<br />agreement subordinating the lien or charge heTeof.
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<br />12. Full Reconveyance: That, upon written request of Beneficiary stating that all sums secured hereby have beell paid, Trustee shall reconvey, wilhoul warranly, Ihe
<br />properly Ihen hcld hereunder. The recitals ill such reconveyance of any maltcTS of fact shall be conclusive proof of the truthfulness thereof. TIle grantee in such reconveyance may be
<br />designated as lithe person or persons legally entitled thereto", Such request and reconveyance shall operate a.s a n:assignment of the rents; income, issues and profits hereinbefore
<br /> assigned
<br />lo beneficiary.
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<br />13. Right to collect and Receive Rents and Profits: Notwithstanding any other provisions llercof; Beneficiary hereby grants permission to Trustor to
<br />collt:ct and Tctain the Tcnts, incomc) issues and pTofits of such pToperty as they become due and payable, but reserve the right to revoke such pennissiotl at any time, with OT without
<br /> cause,
<br />by notice in writing to Trustor, mailed to Trustor at his last known address, in any event, such permission to TTIlstor automatically sball be revoked upon default by TTIlstor in payment
<br /> of
<br />indebtedness secured hereby or in the performance of any Agreement hereunder. On any such default, beneficiaTY may at any time without notice, eithcT in pcrson, by agent, or by receiver
<br />to be appointed by the Courl, and wilhout regard to the adequacy Ilf any securily for thc indebtedness secured hereby, enter IIpon and take possession of such pl'Openy, or any part thereof,
<br />make cancel~ enforce or modify leases; obtain and eject tenants, set or modify rents; in its own name sue or otherwi~e collect the rents, income, issues and profits thereof. including
<br /> those
<br />past due and unpaidj and apply the l:Iamej less costs and expenses of operation and collection, including reasonable attomey's fees, upon any indebtedness secured hereby and in such
<br /> order
<br />as Beneficiary may detennine; and except for sllch application, Beneficiary shall not be liable to any person for the collectillnllr non-cllllection of any rcnts, income, isslles or
<br /> profIts, for tlle
<br />failure III assert or enforce any of thc foreglling rights, nor shall Bcncficiary be charged witll any of tlle dnties and obligation of a mortgage in possession. The entering upon and
<br /> taking
<br />possession of such property, the collection of such rentsl income, issue::s OT pTofit.s, the:: doing of otheT acts herein authorized. and the application thereof as aforesaid, shall
<br /> not cure or waive
<br />any default or notice of default hereunder or invalidate any act done pursuant to snch notice.
<br />
<br />14. Hazardous Substances: TIle tenus "hazardons waste", "hazardous snbstance", "disposal", "release", and" lhrealened release", as uscd in this Dced of Trust,
<br />shall have the same mealling as sel forth in the CotnprehCtlsive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.c. Section 9601, et seq. ("
<br />CERCLA"), the Superfund Amendments and Reauthorizalion Act of 1986, Pub. L. Nil. 99-499 ("SARA"),the Hazardons Materials Transportation Act, 49 U.S.c. Section 6901, et seq., or
<br />olher applicable statc or Federal laws, rulcs, or regnlations adopted pursllant to any of tlle foregoing. Tntstor represents and warrants to Lender Ihal: (a) During the period of Trustor
<br />ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal1 Telease or threatened releasc of any hazardous waste or substance by any person
<br /> on,
<br />under or ahllut thc Properly; (b) Trustor has no knowledge of, orreason to believe that tllere has been, except as previously disclosed to and acknowledged hy Lender in wriling, (i)
<br /> any IISC,
<br />generation, mannfacUlre, storage, treatment, disposal, release, or threatened release of any hazardous waste or substance by any prior owners or occupants of tlle Pl'Operty or (ii) any
<br /> acUlal
<br />or threatened litigalion or claims of any kind by any person relating to such matters; and (c) Except as previonsly disclosed to and acknowledged by Lender in wriling, (i) neither Trustor
<br /> nor
<br />any tenant. contractor1 agent or other authorized user of the Property shall use, generate. manufacture, store, treat, dispose of, or Telease any hazardous waste or substance on, under,
<br /> or
<br />about thc Property and (ii) any sllch activity shall be condllcted in compliance witll all applicable federal, state, and Illcallaws, regulation and ordinanccs, including without limitation
<br /> those
<br />laws, regulations, and ordinances described above. Tmstor authorizes Lender and its agents to enter upon the Property to make such inspections and tests as Lender may deem appropriate
<br />to detennille compliance of Ihe Prllperly with this SeClion of the Dccd of Tmst, Any inspections or tests made by Lender shall be for Lender's purposes only and shallnlll he construcd
<br /> to
<br />create any responsibility or liability on the part of Lender to Trustor or to any other person, 111e represenlations and warrantics contained hcrein are based on Trustor's due diligence
<br /> in
<br />investigating the Property for hazardous waste. Trustor hereby (a) releases and waives any fuUlrc claims against Lender for indemnity or contribution in the event Trustor becomes liable
<br /> for
<br />cleanup or odler costs under any snch laws, and (b) agrees to indemnify and hold harmless Lender against ally and all claims, losses, liabilities,damages, penalties, and expenses which
<br />Lender may directly or indirectly sustain or sufler resulting from a branch of tllis section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal,
<br />release or tllreatened release occurring prior to Trustor's ownership or intereSl in the Pnlperty, whcther or not thc samc was or should have been known to Tntstor. The provisions of
<br /> this
<br />scction of the Deed of Trust, inclllding the obligation to indemnify, shall survive the payment of the indebtedness and the satisfaclion and reconveyancc of thc licn ofdlis Deed of Trust
<br /> and
<br />shallnol be affecled by Lender's acquisilion of any inlerest in the Propcrty, whethcr by foreclosure or otherwise.
<br />
<br />15. Judicial Foreclosure or Trustee's Sale on Default: Upon Defanlt by Trustor in payment of any indebtedness secured hereby orin performance of
<br />any agreement hereunder or any agreement secllred hereby, Beneficiary may declare all sulllS secured hereby immediatcly due and payablc and, at the option oftlle Benefkiary, this Deed
<br />ofTrusl may he foreclosed in thc manner providcd by law for thc foreclosure of mortgages on real property; or may be sold in the manner provided in the Nebraska Trust Dccds Act IInder
<br />the power of sale conferred upon the Trustee hereunder.
<br />In the event that the property is sold pursuant to the power of sale conferred upon thc Trustee hereunder, the Trustee shall cause to be filed of record a written nOlice of defaull and
<br />e1eClion to sell such pnlpcrty. Aftcr thc lapse of such time as then may be required by law following recordation of such notice of defaull, and noticc of sale having been given as then
<br />required by law, Trustee, without demand on Tntstor, shall sell such properly, eidler as a whole or in separate parcels, and in such order as it or Beneficiary may delennine al public
<br /> auclion
<br />to tlle highest bidder. Trustee may postpone the sale of all or any portion of such property by pllblic announcement at the time and place of sale, and from lime to timc thercafter may
<br />postpone tlle sale by public announcement at tlle time and place fixed by the preceding postponemcnt. Trustce shall deliver to sllch pllrchaser its deed conveying the properly so sold,
<br /> bul
<br />without any covenant or warrallly, express or hnplied. TIle recital in such decd of any matters of fact or otherwise shall be conclusive pmof of thc truthfillncss thereof Any person,
<br />including Trustor, Tntstee or Benefkiary, may purchase at such sale. Trustee may also sell al any such sale and as part hcrcofany shares of corporate stock securing the obligation secured
<br />hereby, and Trustor waives demand and nOlice of such salc. (Benctlciary at its option may also foreclose on such shares by independelll pledge salc, and Tmstor waives demand and notice
<br />of such sale.) TIle Trustee shall apply dIe proceeds of the Tntstee's sale, first, lO the costs and cxpcnses of exercising the power of sale and of the sale, including the payment of
<br /> Trustcc's
<br />fees aClually incurred, lHIt to excced five percent of the principal balance IInpaid at tlle time of recording the nOlice of default; second, to thc paymcnt of the obligation secured
<br /> the time of
<br />recording tlle notice of default; second, to the paymenl of dle ohligation sccurcd by this tntSl deed; third, to the payment of juniortrust deeds, mortgages or othcr liens, and tlle
<br /> balance, if
<br />any, to tlle person or persons legally entitled tlleretO.
<br />Upon any defaullunder this Deed of Trusl or any note sccured hereby and following any acceleration of malurity of the indebtedness secured hcrcby, a tender of payment of the
<br />amount necessary to satisfy the entire indebtedness secured hereby, made at any time prior to a foreclosurc sale, whether under tlle power of sale contained herein or pursuant 10 judicial
<br />foreclosure pnlceedings, shall constitute an cvasion of the payment tenns oftlle indebtedness secmed hereby and shall be deemed a voluntary prepayment of the indebtedness; and any snch
<br />payment, to the extent pemlitted by law, mllst, therefore, inclnde a premium required under the prcpayment privilcge, if any, contained in any note secured hereby; or, if at thallime
<br /> dlere
<br />shall be no privilege, if any, conlained in any nOle secured hereby; or, if at that time there shall be no privilege of prepayment then such paymenl to the cxtcnt penl1itted by law,
<br /> will include
<br />a premium for such prepayment of five percent of the then principal halance.
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<br />8123.CV (4103)
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<br />99022
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