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. 20p �U0484
<br /> (g) The sale, transfer or other disposition of ten percent (10%) or more of the Borrower's
<br /> membership interests, without the express written consent of Lender;
<br /> (h) The Borrower shall terminate or suspend business operations or otherwise fail to operate its
<br /> business in the ordinary course, or sell all or substantially all of its assets;
<br /> (i) Any material adverse change shall occur in the property, business operations or conditBons
<br /> (financial or otherwise)of the Borrower;
<br /> (j) The Borrowerfiles a statementof intentto dissolve under applicable state law or is liquidated,
<br /> dissolved or wound up or shall commence,or have commenced against it, any action or proceeding
<br /> for dissolution, winding-up or liquidation, or shall have or take any action in furtherance thereof; or
<br /> (k) Abandonment of the Property.
<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 indebtednesssecured hereby to be immediately due and
<br /> payable and the same shall thereupon become due and payable without any presentment, demand, protest
<br /> or notice of any kind. 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
<br /> in the manner provided in the Nebraska Trust Deeds Act;
<br /> (b) Exercise any and all rights provided for in any of the Loan Documents 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
<br /> remedy herein, in the Loan Documents 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 Documents 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, Trustor or any purchaser of the Property for any loss or damage, unless due to
<br /> reckless or willful misconduct,and shall not be required to take any action in connection with the enforcement
<br /> of this Deed of Trust unless indemnified, in writing, for all costs, compensation or expenses which may be
<br /> associated therewith. In addition, Trustee may: (i) become a purchaser at any sale of the Property Qudicial
<br /> or under the power of sale granted herein); (ii) postpone the sale of all or any portion of the Property, as
<br /> provided by law; or(iii) 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 the power of
<br /> sale, Trustee shall be entitled to apply any sale proceeds first to payment of all costs and expenses of
<br /> exercising the power of sale,including,without limitation,all Trustee's fees and the attorneys'fees of Lender
<br /> and Trustee actually incurred to the extent permitted by applicable law. In the event Trustor exercises any
<br /> right provided by law to cure an Event of Default,Lender shall be entitled to recover from Trustor all costs and
<br /> expenses actually incurred as a result of Trustor's default, including, without limitation, all Trustee's and
<br /> attorney's fees, to the extent permitted by applicable law.
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