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� 2�d�U��32
<br /> (e) The sale, transfer, assignment, convey- :
<br /> ance or further encumbrance of all or any part of or :
<br /> any interest in the Property, either voluntarily or :
<br /> involuntarily, without the express written consent of
<br /> Lender.
<br /> 11 . Remedies; Acceleration Upon Default. In the event
<br /> of any Event of Default, Lender may, without notice, except as
<br /> required by law, declare all indebtedness secured hereby to be
<br /> due and payable and the same shall thereupon become due and :
<br /> payable without any presentment, demand, protest or notice of any :
<br /> kind. Thereafter, Lender may: :
<br /> (a) Demand that Trustee exercise the POWER
<br /> OF SALE granted herein, and Trustee shall thereafter
<br /> cause Borrower' s interest in the Property to be sold :
<br /> and the proceeds to be distributed, all in the manner
<br /> provided in the Nebraska Trust Deeds Act; :
<br /> (b) Exercise any and all rights provided for
<br /> in any of the Loan Instruments or by law upon occur�- :
<br /> rence of any Event of Default; and :
<br /> (c) Commence an action to foreclose this
<br /> 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
<br /> is intended to be exclusive of any other remedy herein in the
<br /> Loan Instruments or by law provided or permitted, but each shall
<br /> be cumulative, shall be in addition to every other remedy given
<br /> hereunder in the Loan Instruments or now or hereafter existing at :
<br /> law or in equity or by statute, and may be exercised concur-
<br /> rently, independently or successively.
<br /> 12 . Trustee. The Trustee may resign at any time with-
<br /> out cause , and Lender may at any time and without cause appoint a
<br /> successor or substitute Trustee. Trustee shall not be liable to
<br /> any party, including, without limitation, Lender, Borrower or any
<br /> purchaser of the Property, for any loss or damage unless due to
<br /> reckless or willful misconduct, and shall not be required to take
<br /> any action in connection with the enforcement of this Deed of
<br /> Trust unless indemnified, in writing, for all costs, compensation
<br /> or expenses which may be associated therewith. In addition,
<br /> Trustee may become a purchaser at any sale of the Property
<br /> (judicial or under the power of sale granted herein) ; postpone
<br /> the sale of all or any portion of the Property, as provided by
<br /> law; or sell the Property as a whole , or in separate parcels or
<br /> lots.
<br /> 13 . Fees and Expenses. In the event Trustee sells the
<br /> Property by exercise of power of sale, Trustee shall be entitled
<br /> to apply any sale proceeds first to payment of all costs and
<br /> expenses of exercising power of sale, including all Trustee' s
<br /> fees actually incurred. In the event Borrower exercises any
<br /> right provided by law to cure an Event of Default, Lender shall
<br /> be entitled to recover from Borrower all costs and expenses :
<br /> actually incurred as a result of Borrower' s default, including,
<br /> without limitation, all Trustee' s and attorney' s fees, in the
<br /> maximum amount allowed by law. In addition, in the event of each
<br /> such cure, Lender shall be entitled to a reinstatement fee of 0'ne
<br /> Hundred and No/100 Dollars ($100 . 00) .
<br /> 14 . Future Advances. Upon request of Borrower, Lender
<br /> may, at its option, make additional and future advances and
<br /> re-advances to Borrower. Such advances and readvances , with :
<br /> interest thereon, shall be secured by this Deed of Trust. At no
<br /> time shall the principal amount of the indebtedness secured by
<br /> this Deed of Trust, not including sums advanced to protect the
<br /> security of this Deed of Trust, exceed the original principal
<br /> amount stated herein.
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