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<br />of Trustee at any time after the filing of a Notice of Default or in any action to enforce the assignment of
<br />rents provided herein or otherwise. The entering upon and taking possession of the Property, the collection
<br />of such rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any default or
<br />notice of default hereunder or invalidate any act done in response to such default or pursuant to such notice
<br />of default and, notwithstanding the continuance in possession of the Property or the collection, receipt and
<br />application of rents, issues or profits, and Trustee and Lender shall be entitled to exercise every right
<br />provided for in any of the Loan Instruments or by law upon occurrence of any Event of Default, including
<br />without limitation the right to exercise the power of sale. Further, Lender's rights and remedies under this
<br />paragraph shall be cumulative with, and in no way a limitation on, Lender's rights and remedies under any
<br />assignment of leases and rents recorded against the Property. Lender, Trustee and the receiver shall be liable
<br />to account only for those rents actually received.
<br />11. Events of Default. The following shall constitute an Event of Default under this Deed of Trust:
<br />(a) Failure to pay any installment of principal or interest or any other sum secured hereby when due after
<br />written notice and expiration of twenty (20) day period to cure;
<br />(b) A breach of or defintit 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
<br />become 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
<br />or other statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors; or there shall
<br />be 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
<br />interest in the Property, either voluntarily or involuntarily, without the express written consent of Lender;
<br />provided that Trustor shall be permitted to execute a lease of the Property that does not contain an option to
<br />purchase and the term of which does not exceed one year•,
<br />(f) Abandonment of the Property; or
<br />(g) if Trustor is a legal entity, the issuance, sale, transfer, assignment, conveyance or encumberance of more
<br />than a total of Ten Percent (10%) of the ownership interest in the entity.
<br />12. Remedies. Acceleration Upon Default. In the event of any Event of Default Lender may,
<br />without notice except as required by law, declare all indebtedness secured hereby to be due and payable and
<br />the same shall thereupon become due and payable without any presentment, demand, protest or notice of any
<br />kind. Thereafter 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 Property to be sold and the proceeds to be distributed, all in the manner provided in
<br />the Nebraska Trust Deed Act;
<br />(b) Exercise any and all rights provided for in any of the Loan Instruments or by law upon occurrence of any
<br />Event of Default; and
<br />(c) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically
<br />enforce any of the covenants hereof,
<br />No remedy herein conferred upon or reserved to Trustee or Lender is intended to be exclusive of any other
<br />remedy herein, in the Loan Instruments or by law provided or permitted, but each shall be cumulative, shall
<br />be in addition to every other remedy given hereunder, in the Loan Instruments or now or hereafter existing at
<br />law or in equity or by statute, and may be exercised concurrently, independently or successively.
<br />13. Trustee. The Trustee may resign at any time without cause, and Lender may at any time and
<br />without cause appoint a successor or substitute Trustee. Trustee shall not be liable to any party, including
<br />without limitation Lender, Borrower, Trustor or any purchaser of the Property, for any loss or damage unless
<br />due to reckless or willful misconduct, and shall not be required to take any action in connection with the
<br />enforcement of this Deed of Trust unless indemnified, in writing, for all costs, compensation or expenses
<br />which may be associated therewith. In addition, Trustee may become a purchaser at any sale of the Property
<br />(judicial or under the power of sale granted herein); postpone the sale of all or any portion of the Property, as
<br />provided by law; or sell the Property as a whole, or in separate parcels or lots at Trustee's discretion.
<br />14. Fees and Expenses. In the event Trustee sells the Property by exercise of power of sale,
<br />Trustee shall be entitled to apply any sale proceeds first to payment of all costs and expenses of exercising
<br />power of sale, including all Trustee's fees. and Lende'r's and Trustee's attorney's fees, actually incurred to
<br />extent permitted by applicable law. In the event Borrower or Trustor exercises any right provided by law to
<br />cure an Event of Default, Lender shall be entitled to recover from Trustor all costs and expenses actually
<br />incurred as a result of Truster's default, including without limitation all Trustee's and attorney's fees, to the
<br />extent permitted by applicable law.
<br />15. Miscellaneous Provisions.
<br />(a) Borrower not released. Extension of the time for payment or modification of amortization of the sums
<br />secured by this Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to
<br />release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender
<br />shall not be required to commence proceedings against such successor or refuse to extend time for payment
<br />or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demands made
<br />by the original Borrower 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
<br />obligation herein mentioned, and without affecting the lien or charge of this Deed of Trust upon any portion
<br />of the Property not then or theretofore released as security for the full amount of all unpaid obligations,
<br />Lender may, from time to time and vvithout notice (i) release any person so liable, (ii) extend the maturity or
<br />alter any of the terms of any such obligations, (iii) grant other indulgences, (iv) release or reconvey, or cause
<br />to be released or reconveyed at any time at Lender's option any parcel, portion or all of the Property, (v) take
<br />or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or
<br />other arrangements with debtors 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
<br />such right or remedy. The procurement of insurance or the payment of taxes or other liens or charges by
<br />Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this
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