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200003492
<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 One
<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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