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200003148 <br />(c) A writ of execution or attachment or any similar <br />process shall be entered against Borrower which shall become <br />a lien on the Property or any portion thereof or interest <br />therein; <br />(d) There shall be filed by or against Borrower an <br />action under any present or future federal, state or other <br />statute, law or regulation relating to bankruptcy, <br />insolvency or other relief or debtors; or there shall be <br />appointed any trustee, receiver or liquidator of Borrower or <br />of all or any part of the Property, or the rents, issues or <br />profits thereof, or Borrower shall make any general <br />assignment for the benefit of creditors; <br />(e) The sale, transfer, assignment, conveyance or <br />further encumbrance of all or any part of or any interest in <br />the Property, either voluntarily or involuntarily, without <br />the express written consent of Lender. <br />11. Remedies; Acceleration Upon Default. In the event of <br />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 OF SALE <br />granted herein, and Trustee shall thereafter cause <br />Borrower's interest in the Property to be sold and the <br />proceeds to be distributed, all in the manner provided in <br />the Nebraska Trust Deeds Act; <br />(b) Exercise any and all rights provided for in <br />any of the Loan Instruments or by law upon occurrence of any <br />Event of Default; and <br />(c) Commence an action to foreclose this Deed of <br />Trust as a mortgage, appoint a receiver, or specifically <br />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 stature, an may be exercised concurrently, <br />independently or successively. <br />12. Trustee. The Trustee may resign at any time without <br />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 />