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201201372 <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 barikruptcy, insolvency or othez 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 Trustor or Borrower shall make any general assignment for the benefit of creditors; <br />(e) The sale, transfer, Iease, assignment, conveyance or fiuther encwmbrance of all or any part of or any interest in <br />the Property, either voluntarily or involuntarily, without the express written consent of Lender; provided that Trnstor <br />shall be permitted to execute a lease of the Property 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 �roperty; or <br />(g). If Tiustor is not an in.dividual, the issuance, sale, transfer, assignment, conveyance or encumbrance of more than <br />(if a corporation) a tot21 of NA percent of its issued and outstanding stock, or (if a partnership) a total of N� <br />percent of pardiership intezests, or (if a li.mited liability compan.y) a total of NA percent of the limited liabilily <br />company interests or voting rights during the period this Deed of Trust remains a lien on the properry. <br />12. Remedies; Atcceleration Upon Defanit. In the event 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 same shali <br />thereupon become due aud payable without any presentment, demand, protest or notice of any kind. Thereafter <br />Lender ma.y; <br />(a) Demand that Trustee exercise the POWER OF SALE gtanted herein, and Trustee shall thereai�er ca.use <br />Trustor's interest in the Properly to be sold and the proceeds to be distributed, all in the manner provided in the <br />Nebraska Tzust Deeds Act; (b) Exercise any and all right provided for in any of the Loan Instruments or by law <br />npon occurrence 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 herec�£ <br />No remedy herein conferred upon or reserved to Trustee or Lender is intended to be exclusive of any other remedy <br />herein, in the Loan Inslruments or by law provided or permit�ed, but each shall be cumulative, shall be in additio� to <br />every other remedy given hereunder, in the Loan Instruments or now or hereafter existing at law or in equity or by <br />statute; and may be exercised concurrently, independently or successively. <br />13. T�rustee. The Trustee may resign at any time without cause, and Lender may at any time and without <br />cause appoint a successoz or substitute Trustee. Trustee ahalll not be liable to any party, including without limitation <br />Lender, Borrower, Trustoz 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, connpensation or expenses which may �e a.ssociated therewith In <br />add.ition, Trustee may becbme a purchaser at any sale of the Pzoperty (judicial or under the power of sale granted <br />herein); postpone the sale o£ all or any portion of the Property, as provided by law; or sell the Properiy as a whole, or <br />in separa.te patceLs or lots at Trustee's discrerion. <br />14. Fees and Expenses. In the event Trustee sells the Property by exercise of power of sa1e, Trustee shall <br />be enCitled. to apply any sale proceeds first to payment of a11 costs and expenses of exercising power of sa1e, <br />including all Trustee's fees, and Lender's and Trustee's attormey's fees, actua.11y incwrred to extent permitted by <br />applicable law. In the event Borrower or Trustor exercises any right pmvided by law to cure an Event of Default, <br />Lender sk�all be entitled to recover from Trustor all costs and expenses actually incurred as a result of Trustor's <br />defa.ult, inclnding without limitation all Trustee's and attomey's fees, to the extent permitted by applicable law. <br />15. Fnture Advances. Upon zequest of Bonower, Lender may, at its option, make additional and future <br />advances and readvances to Borrower. Such advances and readvances, with interest tliereon, shall be secuted by this <br />Deed of Trust At no time shall tb.e principal amount of the indebtedness secured by this Deed of Tn�st, not <br />including sums advanced to protect the security of this Deed of Trust, exceed the original principal amount stated <br />herein, or $ 50.000.00 , whichever is greater. <br />16. 1Vliscellaneons Provisions. <br />(a) Borrower Not Relea.sed. Extension of the t�xne for payment or modification of amortization of the sums <br />secured by this Deed of Tiust granted by Lender to any successor iva interest of Boaower shall not operate to release, <br />in any manner, the liabili�tj� of the original Bortowez and Borrower's successors in ititerest Lender shall not be <br />required to commence pzoceedings against such successor or refuse to extend time for payment or otherwise modify <br />amortization of the sums secured by this Deed. of Trust by reason of any deivands made by the original Borrower <br />and Borrower's successors in interest <br />(b) Lender's Powers. V�ithout affecting the liability of any other person liable for the payment of any obligation <br />herein mentioned, and wit�tout affecting the lien or charge of this Deed of Trust upon any portion of the Properiy not <br />then or theretofore released as secwrity for the full amount of all unpaid obligations, Lender ma.y, from time to time <br />and without notice (i) release any person so liable, (ii) extend the maturity or alter any of the terms of any such <br />obligatioris, (iu� grant other indulgences, (iv) release or reco�avey, or cause to be released or reconveyed at any time <br />at I,ender's option any parcel, portion or all of the Properiy, (v) talce or release an.y 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 />hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such <br />right or remedy. The proauremen.t of insurance or the gayment of taxes or other liens or charges by Lender shall not <br />be a waiver or Lender's zight to accelera.te the maturity crf the indebtedness secured by this Deed of Trust <br />(d) Successors and Assigns Bonnd; Jbint aad Severall Lialbllity; Capl3ons. The covenants and agreements <br />herein contained. shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender <br />and Tnistor. A11 covenanfs aad agreements of Tnastor shall be joivat and several. The captions and hea.dings of the <br />paragzaphs 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 Not3ces. The parties hereby request that a copy of any notice of defauit hereunder and a copyof <br />any notice of sale hereunder be mailed to each party to this Deed. of'Frust at the address set forth above in the <br />manner prescnbed by applicable law. Except for any other notice sent requared. under applicable la.w 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 address set forth above. Any notice <br />