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20120Q727
<br />(d) There shall be filed b� or against Trustor or Borrower an action under any present or fut�ue federal, staxe or �
<br />other statute, law or reg�ul�tion relating to barikcuptcy, 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 the rents,
<br />issues or profits thereo� or Tnistor or Borrower shall make any general assignment for the benefit of creditors;
<br />(e) The sa1e, transfer, Tease, assigmment, coneeyance or fmther encumbrance of all oz any part of or any interest in
<br />the Properiy, either volun�arily or involuntarily, without the express written. consent of Lender; provided tha.t Tntstor
<br />shall be permitted to execute a lease of the Properiy that does not conta.in an option to purchase and the term of
<br />which does not exceed one year;
<br />( fl Abandonment of the pro�erty; or
<br />(g). If Tivstor is not an individual, the issuance, sale, transfer, assignmeut, couveyance or encumbrance of more than
<br />(if a corporation) a tot�ll of NA percent of its issued and outstanding stock, br (if a partnership) a total of �
<br />percent of partnership interests, ar(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 Tnist remains a lien on the properry.
<br />12. Remedies; �ccelera6ton Upon Defanit. In the even.t of any Event of Default Lender may, without
<br />notice except as required by law, declare all indebtedness secured hereby to be due and payable and the sa.me shal�.
<br />thereupon become due and payable without any presentment, demand, protest or notice of �y kind. Thereafter
<br />Lender may,
<br />(a) Demand that Trustee exercise the POWER OF SALE granted herein, and Trustee shall thereafter cause
<br />Trustor's interest in the Properiy to be sold and the proceeds to be distn"buted, all. in the mauner provided in the
<br />Nebraska Trust Deeds Act; (b) Exercise any and all right provided for in. any of the Loan Instru�ments or by law
<br />upon occvirence in any Event of Default; and
<br />(c) Commence an action to foreclose this Deed of Trust as � mortgage, appoint a receiver, or specifically enforce
<br />any of the covenants hereo£
<br />No remedy herein conferred upon or reserved to Trustee ar Lender is intended to be exclusive of any other remed.q
<br />herein, in the Loan Instruments or by law provided or permitted, but each shall be cumvlative, shall be in additioa to
<br />every other remedy given hereunder, in the Loan Instruments or now or hereafter existing at ].aw or in equity or by
<br />statute; and may be exercised. concurretttly, independenfly or successively.
<br />13. Trnatee. The Trustee may resign at any time without cause, and Lender may at any time and without
<br />cause appoint a successor or substitute Trustee. Trustee shalIl not be liable to any party, including without limitation
<br />Lender, Borrower, Trustor or any purchaser of the Properiy, gor any loss or damage unless due to reckless or willful
<br />misconduct, and shall not be required to take any action in connection with the enforcement of this Deed of Trust
<br />unless indemnified, in writing, for all cost, compensation oz expenses which may be associated therewith. In
<br />addition, Trustee ma.y becbme a purcha.ser at any sale of the Property (judicial or under the power of sale granted
<br />herein); postpone the sale of all or any portion of the Property, as provided by law; or sell the Property as a whole, or
<br />in separate pazcels or lots at Trustee's discretion.
<br />14. Fees �nd Ea�penses. In the event Trustee sells the Properry by exercise of power of sa1e, Trustee shall
<br />be entitled to apply any sale proceeds first to payment of all costs and expenses of exercising power of sale,
<br />including a1l Trustee's fees, and Lender's and Trustee's attormey's fees, actually incutred to extent permitted by
<br />applicable law. In the event Bortowei or Trustor exercises a�y right pzovided by law to cure an Event of Default,
<br />Lender s�a11 be entitled to recover from Trustor all costs and expenses actually incurred as a result of Tnistor's
<br />defa.ult, including without limita.tion all Trustee's and attorney's fees, to the extent permitted by applicable law.
<br />15. Fntare Advancea. Upon request of Borrower, Lender may, at its option, ma.ke additional and future
<br />advances and readvances to Boirower. Such advgnces and zeadvances, with interest tliereon, sha11 be secuTed by this
<br />Deed of Tzust At no time shall the principal amount of the iridebtedness secured by this Deed of Trust, not
<br />including sums advanced to protect the security of this Deed of Trust, exceed the original principal amount stated
<br />herein, or $ 80.000.00 , whichever is greater.
<br />16. M3scellaneous Provisions.
<br />(a) Borrower Not Released. Extension of the time for payment or modification of aanortization of the sums
<br />secured by this Deed of Trust granted by Lenzler to any successor in interest of Bonrower shall not opera.te to release,
<br />in any naanner, the liabilitj� of the original Bortower and Borrower's successors in interest Lender shall not be
<br />required to commence proceedings against such successor or refuse to extend time for payment vr otherwise modify
<br />amortization of the sums secured by this Deed of Tzust by reason of any demands made by the original Boaower
<br />and Borrower's successors in interest
<br />(b) Lender's Powers. Without affecting the liability of any other person liable for the payment of any obligation
<br />herein mentioned, and without affecting the lien or charge of this Deed of Tzust upon any portion o£ the Properiy not
<br />then or theretofore released as security for the full amowat of all wipaid obligations, Lender ma.y, from time to time
<br />and without nofice (i) release any person so liable, (ii) extend the ma.turity or alter any of the terms of any such
<br />obligatibns, (iu� grant other indulgences, (iv) release or reco�vey, or cause to be released or reconveyed at any time
<br />at Lender's option any parcel, portion or all of the Properiy, (v) take or release any other or additional security for
<br />any obligation herein mentioned, or (vi) make compositions or other arrangements with debtois in relation thereto.
<br />(c) Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy
<br />hareunder, or otherwise afforded. by applicable la.w, shall not be a wa.iver of or preclude the exercise of any such
<br />right or remedy. The procurement of �nm�*�nce or the pay.ment of taxes or other liens or charges bq Lender shall not
<br />be a waiver or Lender's zight to accelerate the maxurity of the indebtedness secured by this Deed of Tnist.
<br />(d) Snccessors and A.ssigns Bonnd; Jbint and Several LiaH�ility; Captions. The covenants and agreements
<br />herein conta.ined. shall bind, and the rights hereunder shall inure to, th� respective successors and assigns of Lender
<br />and Trustor. All covenanfs and agreements of Tn�stor shall be joint and several. The captions and headings of the
<br />paragraphs of this Deed of Trust are for convenience only and aze not to be used to interpret or define the provisions
<br />hezeo£
<br />(e) Reqnest for Nolices. The parties hereby request that a copy of any notice of defa.ult hereunder and a copy of
<br />any notice of sale hereunder be ma.iled to each party to tUis Deed. of'Frust at the $ddress set forth above in the
<br />manner prescnbed by applicable law. Except for any other notice sent required under applicable law to be given in
<br />another manner, any notice provided for in this Deed of Trust shall be given by mailing such notice by certified mail
<br />addressed to the other parties, at the addtess set forth above. Any notice
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