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0400101715
<br />and profits as they become due and payable. Upon acceleration or abandonment
<br />of the Property, Lender may, either in person or by agent, with or without
<br />bringing any action or proceeding, or by a receiver appointed by a court and
<br />without regard to the adequacy of its security, enter upon and take possession of
<br />the property, or any part thereof, in its own name or in the name of the Trustee,
<br />and do any acts which it deems necessary or desirable to preserve the value,
<br />marketability or rentability of the Property, or any part thereof or interest therein,
<br />increase the income therefrom or protect the security hereof and, with or without
<br />taking possession of the Property, sue for or otherwise collect the rents, issues and
<br />profits thereof, including those past due and unpaid, and apply the same, less costs
<br />and expenses of operation and collection, including attorneys' fees, upon any
<br />indebtedness secured hereby, all in such order as Lender may determine. The
<br />entering upon and taking possession of the Property, the collection of such rents,
<br />issues and profits and the application thereof as aforesaid, shall not cure or waive
<br />any default or notice of default hereunder or invalidate any act done in response to
<br />such default continuance in possession of the Property or the collection, receipt
<br />and application of rents, issues or profits, and Trustee and Lender shall be entitled
<br />to exercise every right provided for in any of the Loan Instruments or by law upon
<br />occurrence of any event of Default, including, without limitation, the right to
<br />exercise the power of sale. Further, Lender's rights and remedies under this
<br />paragraph 9 shall be cumulative with, and in no way a limitation on, Lender's
<br />rights and remedies under any Assignment of Leases and Rents recorded against
<br />the Property.
<br />Lender, Trustee and the receiver shall be liable to account only for those rents
<br />actually received.
<br />10. Events of Default. The following shall constitute an Event of Default under this
<br />Deed of Trust:
<br />(a) Failure to pay any installment of principal or interest or any other sum
<br />secured hereby when due, or failure to pay when due any other
<br />indebtedness of Borrower to Lender;
<br />(b) A breach of or default under any provision contained in the Note, this
<br />Deed of Trust, any of the Loan Instruments, or any other encumbrance
<br />upon the Property, after giving effect to any applicable cure period
<br />contained therein;
<br />(c) A writ of execution or attachment or any similar process shall be entered
<br />against Borrower which shall become a lien on the Property or any portion
<br />thereof or interest therein;
<br />(d) There shall be filed by or against Borrower an action under any present or
<br />future federal, state or other statute, law or regulation relating to
<br />bankruptcy, insolvency or other relief for debtors; or there shall be
<br />appointed any trustee, receiver or liquidator of Borrower or of all or any
<br />part of the Property, or the rents, issues or profits thereof, or Borrower
<br />shall make any general assignment for the benefit of creditors;
<br />(e) The sale, transfer, assignment, conveyance or further encumbrance of all
<br />or any part of or any interest in the Property, either voluntarily or
<br />involuntarily, without the express written consent of Lender.
<br />11. Remedies; Acceleration Upon Default. In the event of any event of Default,
<br />Lender may, without notice, except as required by law, declare all indebtedness
<br />secured hereby to be due and payable and the same shall thereupon become due
<br />and payable without any presentment, demand, protest or notice of any kind.
<br />Thereafter, Lender may:
<br />(a) Demand that Trustee exercise the POWER OF SALE granted herein, and
<br />Trustee shall thereafter cause Borrower's interest in the Property to be
<br />sold and the proceeds to be distributed, all in the manner provided in the
<br />Nebraska Trust Deeds Act;
<br />(b) Exercise any and all rights provided for in any of the Loan Instruments or
<br />by law upon occurrence of any Event of Default; and
<br />(c) Commence an action to foreclose this Deed of Trust as a mortgage,
<br />appoint a receiver, or specifically enforce any of the covenants hereof.
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