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<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 bankruptcy,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 thereof,or Trustor or Borrower shall make any general assignment for the benefit of creditors;
<br /> (e) The sale,transfer,lease, assignment,conveyance or further encumbrance 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 Trustor
<br /> shall be permitted to execute a lease of the Property that does not contain an option to purchase and the tern of
<br /> which does not exceed one year;
<br /> (f) Abandonment of the Property;or
<br /> (g) If Trustor is not an individual,the issuance, sale,transfer,assignment,conveyance or encumbrance of more than
<br /> (if a corporation)a total of NA percent of its issued and outstanding stock,or(if a partnership)a total of NA
<br /> percent of partnership interests,or(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 Trust remains a lien on the property.
<br /> 12. Remedies;Acceleration Upon Default. 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 shall
<br /> thereupon become due and payable without any presentment,,demand,protest or notice of any 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 Property to be sold and the proceeds to be distributed, all in the manner provided in the
<br /> Nebraska Trust Deeds Act; (b) Exercise any and all right provided for in any of the Loan Instruments or by law
<br /> upon occurrence in any Event of Default;and
<br /> (c) Commence an action to foreclose this Deed of Trust as a mortgage,appoint a receiver,or specifically enforce
<br /> 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 any time and without
<br /> cause appoint a successor or substitute Trustee. Trustee shall not be liable to any party,including without limitation
<br /> Lender,Borrower,Trustor or any purchaser of the Property,for 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 or expenses which may be associated therewith. In
<br /> addition,Trustee may become a purchaser 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 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,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 all Trustee's fees,and Lender's and Trustee's attorney's fees,actually incurred to extent permitted by
<br /> 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 and future
<br /> advances and readvances to Borrower. Such advances and readvances,with interest thereon,shall be secured by this
<br /> Deed of Trust. At no time shall the principal amount of the indebtedness 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$ 75,000.00 ,whichever is greater.
<br /> 16. 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 release,
<br /> in any manner,the liability of the original Borrower 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 or otherwise modify
<br /> amortization of the sums secured by this Deed of Trust by reason of any demands made by the original Borrower
<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 Trust upon any portion of the Property not
<br /> then or theretofore released as security for the full amount of all unpaid obligations,Lender may, from time to time
<br /> and without notice(1)release any person so liable,(ii)extend the maturity or alter any of the terms of any such
<br /> obligations, (iii)grant other indulgences,(iv)release or reconvey,or cause to be released or reconveyed at any time
<br /> at Lender's option any parcel,portion or all of the Property,(v)take or release any other or additional security for
<br /> any obligation herein mentioned,or(vi)make compositions or 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 such
<br /> right or remedy. The procurement of insurance or the payment of taxes or other liens or charges by Lender shall not
<br /> be a waiver or Lender's right to accelerate the maturity of the indebtedness secured by this Deed of Trust.
<br /> (d) Successors and Assigns Bound;Joint and Several Liability; Captions. 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 Trustor. All covenants and agreements of Trustor shall be joint and several. The captions and headings of the
<br /> paragraphs of this Deed of Trust are for convenience only and are not to be used to interpret or define the provisions
<br /> hereof.
<br /> (e) Request for Notices. The parties hereby request that a copy of any notice of default hereunder and a copy of
<br /> any notice of sale hereunder be mailed to each party to this Deed of Trust at the address set forth above in the
<br /> manner prescribed 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 address set forth above. Any notice
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