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<br /> (a) Failure to pay any installment of principal or interest or any other sum secured
<br /> hereby when due; :
<br /> (b) A breach of, or default under, any provision contained in the Note, this Deed of
<br /> Trust,any of the Loan Instruments,or any other lien or encumbrance upon the Property;
<br /> (c) A writ of execution or attachment, or any similar process, shall be entered against
<br /> Trustor which shall become a lien on the Property or any portion or interest therein; :
<br /> (d) There shall be filed by or against Trustor or Borrower an action under any present or :
<br /> future federal, state or other statute, law or regulation relating to bankruptcy, insolvency or other :
<br /> relief for debtors, or there shall be appointed any trustee, receiver or liquidator of Trustor or :
<br /> Borrower or of all ar any part of the Property, rents, issues or profits thereof, or Trustor or :
<br /> Borrower shall make any general assignment for the benefit of creditors;
<br /> (e) The sale, transfer, assignment, conveyance or further encumbrance of all or any part :
<br /> of or any interest in the Property, either voluntarily or involuntarily, without the express written :
<br /> consent of Lender or as otherwise herein permitted;or :
<br /> (fl Abandonment of the Property. :
<br /> 12. Remedies; Acceleration Upon Default. In the event of and 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
<br /> shall thereafter cause Trustor's interest in the Property to be sold and the proceeds to be
<br /> distributed, all in the manner provided in the Nebraska Trust Deeds Act;
<br /> (b) Exercise any and all rights provided for in the Note, this Deed of Trust or by law :
<br /> upon occurrence of any Event of Default; and
<br /> (c) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a :
<br /> receiver or 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 Note or by law provided or permitted,but each shall be cumulative, shall be in addition to every other
<br /> remedy given hereunder, in the Note or now or hereafter existing at law or in equity or by statute, and may be
<br /> 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 :
<br /> limitation, Lender, Borrower, Trustor or any purchaser of the Property, for any loss or damage unless due to :
<br /> reckless or willful misconduct, and shal( not be required to take any action in connection with the enforcement of
<br /> this Deed of Trust unless indemnified, in writing, for all costs, compensation or expenses which may be associated :
<br /> therewith. In addition, Trustee may become a purchaser at any sale of the Property (judicial 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 :
<br /> 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 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 the 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 :
<br /> this 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$200,000.00,whichever is greater. :
<br /> 16. Miscellaneous Provisions.
<br /> (a) Borrower Not Released. Extension of the time for payment or modification of amortization of :
<br /> the sums secured by this Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate :
<br /> to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall
<br /> not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise
<br /> modify amortization of the sums secured by this Deed of Trust by reason of any demands made by the original :
<br /> Borrower and Borrower's successors in interest.
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