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<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;
<br /> (b)A breach of or default under any provision contained in the Note,this Deed of Trust, any of the Loan Instruments,or any
<br /> 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 become a lien on
<br /> 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 or other statute,
<br /> law or regulation relating to bankruptcy, insolvency or other relief for debtors;or there shall be appointed any trustee, receiver or
<br /> liquidator of Trustor or Borrower or of all or any part of the Property,or the rents, issues or profits thereof,or Trustor or Borrower
<br /> 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 the
<br /> Property, either voluntarily or involuntarily,without the express written consent of Lender; provided that Trustor shall be permit-
<br /> ted to execute a lease of the Property that does not contain an option to purchase and the term of which does not exceed one
<br /> year;
<br /> (fl Abandonment of the Property;or
<br /> (g) If Trustor is not an individual, the issuance, sale, transfer, assignment, conveyance or encumbrance of more than (if a
<br /> corporation)a total of percent of its issued and outstanding stock, or(if a partnership)a total of percent
<br /> of partnership interests, or (if a limited liability company) a total of percent of the limited liability company
<br /> 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 notice except as required
<br /> by law, declare all indebtedness secured hereby to be due and payable and the same shall thereupon become due and payable with-
<br /> out any presentment,demand, protest or notice of any kind.Thereafter Lender may:
<br /> (a) Demand that Trustee exercise the POWER OF SALE granted herein, and Trustee shall thereafter cause Trustor's inter-
<br /> est in the Property to be sold and the proceeds to be distributed,all in the 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 occurre�ce of any Event of
<br /> Default;and
<br /> (c)Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the
<br /> covenants hereof.
<br /> No remedy herein conferred upon or reserved to Trustee or Lender is intended to be exclusive of any other remedy herein, in the Loan
<br /> Instruments or by law provided or permitted, but each shall be cumulative, shall be in addition to every other remedy given hereunder,
<br /> in the Loan Instruments or now or hereafter existing at law or in equity or by statute, and may be exercised concurrently, independently
<br /> or succesively.
<br /> 13.Trustee.The Trustee may resign at any time without cause, and Lender may at any time and without cause appoint a suc-
<br /> cessor or substitute Trustee. Trustee shall not be liable to any party, including without limitation Lender, Borrower, Trustor or any pur-
<br /> chaser of the Property,for any loss or damage unless due to reckless or willful misconduct, and shall not be required to take any action
<br /> in connection with the enforcement of this Deed of Trust unless indemnified, in writing, for all costs, compensation or expenses which
<br /> may be associated therewith. In addition, Trustee may become a purchaser at any sale of the Property Qudicial or under the power of
<br /> sale granted herein); postpone the sale of all or any portion of the Property, as provided by law; or sell the Property as a whole, or in
<br /> 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 be entitled to apply
<br /> any sale proceeds first to payment of all costs and expenses of exercising power of sale, including all Trustee's fees,and Lender's and
<br /> Trustee's attorney's fees, actually incurred to extent permitted by applicable law. In the event Borrower or Trustor exercises any right
<br /> provided by law to cure an Event of Default, Lender shall be entitled to recover from Trustor all costs and expenses actually incurred as
<br /> a result of Trustor's 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 advances and read-
<br /> vances to Borrower. Such advances and readvances,with interest thereon, shall be secured by this Deed of Trust.At no time shall the
<br /> principal amount of the indebtedness secured by this Deed of Trust, not including sums advanced to protect the security of this Deed of
<br /> Trust,exceed the original principal amount stated herein,or$ �nn�C�n_pn ,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 secured by this
<br /> Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner,the liabili-
<br /> ry of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings
<br /> against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this
<br /> Deed of Trust by reason of any demands made 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 obligation herein men-
<br /> tioned, and without affecting the lien or charge of this Deed of Trust upon any portion of the Property not then or theretofore
<br /> released as security for the full amount of all unpaid obligations, Lender may, from time to time and without notice (i) release
<br /> any person so liable, (ii) extend the maturity or alter any of the terms of any such obligations, (iii) grant other indulgences, (iv)
<br /> release or reconvey, or cause to be released or reconveyed at any time at Lender's option any parcel, portion or all of the
<br /> Property, (v) take 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 hereunder, or oth-
<br /> erwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. The procure-
<br /> ment of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver or Lender's right to acceler-
<br /> ate 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 herein con-
<br /> tained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Trustor. All
<br /> covenants and agreements of Trustor shall be joint and several. The captions and headings of the paragraphs of this Deed of
<br /> Trust are for convenience only and are not to be used to interpret or define the provisions hereof.
<br /> (e) Request for Notices.The parties hereby request that a copy of any notice of default hereunder and a copy of any notice
<br /> of sale hereunder be mailed to each party to this Deed of Trust at the address set forth above in the manner prescribed by
<br /> applicable law. Except for any other notice required under applicable law to be given in another manner,any notice provided for
<br /> in this Deed of Trust shall be given by mailing such notice by certified mail addressed to the other parties, at the address set
<br /> forth above. Any notice provided for in this Deed of Trust shall be effective upon mailing in the manner designated herein. If
<br /> Trustor is more than one person, notice sent to the address set forth above shall be notice to all such persons.
<br /> (� Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided
<br /> that Lender shall give Trustor notice prior to any such inspection specifying reasonable cause therefor related to Lender's inter-
<br /> est in the Property.
<br /> (g) Reconveyance. Upon payment of all sums secured by this Deed of Trust, Lender shall request Trustee to reconvey the
<br /> Property and shall surrender this Deed of Trust and all notes evidencing indebtedness secured by this Deed of Trust to
<br /> Trustee. Trustee shall reconvey the Property, without warranty and without charge to the person or persons legally entitled
<br /> thereto.Trustor shall pay all costs of recordation, if any.
<br /> (h) Personal Property; Security Agreement. As additional security for the payment of the Note, Trustor hereby grants
<br /> Lender under the Nebraska Uniform Commercial Code a securiry interest in all fixtures, equipment, and other personal property
<br /> used in connection with the real estate or improvements located thereon, and not otherwise declared or deemed to be a part of
<br /> the real estate secured hereby. This instrument shall be construed as a Security Agreement under said Code, and the Lender
<br /> shall have all the rights and remedies of a secured party under said Code in addition to the rights and remedies created under
<br /> and accorded the Lender pursuant to this Deed of Trust; provided that Lender's rights and remedies under this paragraph shall
<br /> be cumulative with, and in no way a limitation on Lender's rights and remedies under any other securiry agreement signed by
<br /> Borrower or Trustor.
<br /> (i) Liens and Encumbrances. Trustor hereby warrants and represents that there is no default under the provisions of any
<br /> mortgage, deed of trust, lease or purchase contract describing all or any part of the Property, or other contract, instrument or
<br /> agreement constituting a lien or encumbrance against all or any part of the Property (collectively, "Liens"), existing as of the
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