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20121045; <br />future federal, state or other statute, law or regulation relating to bankruptcy, insolvency or other relief for <br />debtors; or there shall be appointed any trustee, receiver or liquidator of Trustor or Borrower or of all or <br />any part of the Property, or the rents, issues or profits thereof, or Trustor or Borrower shall make any <br />general assignment for the benefit of creditors; <br />(e) The sale, transfer, lease, assignment, conveyance or further encumbrance of all or any <br />part of or any interest in the Property, either voluntarily or involuntarily, without the express written consent <br />of Lender; provided that Trustor shall be permitted to execute a lease of the Property that does not contain <br />an option to purchase and the term of which does not exceed one year; or <br />(f) Abandonment of the Property. <br />12. Remedies; Acceleration ilpnn Default In the event of any Event of Default Lender <br />may, without notice except as required by law, declare all indebtedness secured hereby to be due and payable and the <br />same shall thereupon become due and payable without any presentment, demand, protest or notice of any kind. <br />Thereafter Lender may: <br />(a) Demand that Trustee exercise the POWER OF SALE granted herein, and Trustee shall <br />thereafter cause Trustor's interest in the Property to be sold and the proceeds to be distributed, all in the <br />manner provided in the Nebraska Trust Deeds Act; <br />(b) Exercise any and all rights provided for in any of the Loan Instruments or by law upon <br />occurrence of any Event of Default; and <br />(c) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or <br />specifically 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 remedy <br />herein, in the Loan Instruments or by law provided or permitted, but each shall be cumulative, shall be in addition 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. Trustee. The Trustee may resign at any time without cause, and Lender may at <br />any time and without cause appoint a successor or substitute Trustee. Trustee shall not be liable to any party, <br />including without limitation Lender, Borrower, Trustor or any purchaser of the Property, for any loss or damage <br />unless 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 which may <br />be associated therewith. In addition, Trustee may become a purchaser at any sale of the Property (judicial or under <br />the power of sale granted herein); postpone the sale of all or any portion of the Property, as provided by law; or sell <br />the property as a whole, or in separate parcels or lots at Trustee's discretion. <br />14. Fees and Fipenses, 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 power of <br />sale, including all Trustee's fees, and Lender's and Trustee's attorney's fees, actually incurred to the extent permitted <br />by applicable law. In the event Borrower or Trustor exercises any right provided by law to cure an Event of Default, <br />Lender shall be entitled to recover from Trustor all costs and expenses actually incurred as a result of Trustor's <br />default, including without limitation all Trustee's and attorney's fees, to the extent permitted by applicable law. <br />15. Future Advances. Upon request of Borrower, Lender may, at its option, make additional <br />and future advances and readvances to Borrower. Such advances and readvances, with interest thereon, shall be <br />secured by this Deed of Trust. <br />16. Miscellaneous Provisions. <br />4 <br />