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200007908
<br />(c) A writ of execution or attachment, or any similar process, shall be entered
<br />against Trustor which shall become a lien on the Property or any portion or interest
<br />therein;
<br />(d) There shall be filed by or against Trustor or Borrower an action under any
<br />present or future federal, state or other statute, law or regulation relating to bankruptcy,
<br />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, rents, issues or
<br />profits thereof, or Trustor or Borrower shall make any general assignment for the benefit
<br />of creditors;
<br />(e) The sale, transfer, assignment, conveyance or further encumbrance of all or
<br />any part of or any interest in the Property, either voluntarily or involuntarily, without the
<br />express written consent of Lender or as otherwise herein permitted; or
<br />(f) Abandonment of the Property.
<br />12. Remedies; Acceleration Upon Default. In the event of and Event of Default, Lender may,
<br />without notice except as required by law, declare all indebtedness secured hereby to be due and payable,
<br />and the same shall thereupon become due and payable without any presentment, demand, protest or notice
<br />of any kind. Thereafter, Lender may:
<br />(a) Demand that Trustee exercise the POWER OF SALE granted herein, and
<br />Trustee shall thereafter cause Trustor's interest in the Property to be sold and the
<br />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 the Note, this Deed of Trust or by
<br />law upon occurrence of any Event of Default; and
<br />(c) Commence an action to foreclose this Deed of Trust as a mortgage, appoint
<br />a 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
<br />other remedy herein, in the Note or by law provided or permitted, but each shall be cumulative, shall be in
<br />addition to every other remedy given hereunder, in the Note or now or hereafter existing at law or in equity
<br />or by statute, and may be exercised concurrently, independently or successively.
<br />13. Trustee. The Trustee may resign at any time without cause, and Lender may at any time and
<br />without cause appoint a successor or substitute Trustee. Trustee shall not be liable to any party, including,
<br />without limitation, Lender, Borrower, Trustor or any purchaser of the Property, for any loss or damage
<br />unless due to reckless or willful misconduct, and shall not be required to take any action in connection with
<br />the enforcement of this Deed of Trust unless indemnified, in writing, for all costs, compensation or
<br />expenses which may be associated therewith. In addition, Trustee may become a purchaser at any sale of
<br />the Property (judicial or under the power of sale granted herein); postpone the sale of all or any portion of
<br />the Property, as provided by law; or sell the Property as a whole, or in separate parcels or lots at Trustee's
<br />discretion.
<br />14. Fees and Expenses. In the event Trustee sells the Property by exercise of power of sale,
<br />Trustee shall be entitled to apply any sale proceeds first to payment of all costs and expenses of exercising
<br />power of sale, including all Trustee's fees, and Lender's and Trustee's attorney's fees actually incurred to
<br />the extent permitted by applicable law. In the event Borrower or Trustor exercises any right provided by
<br />law to cure an Event of Default, Lender shall be entitled to recover from Trustor all costs and expenses
<br />actually incurred as a result of Trustor's default, including, without limitation, all Trustee's and attorney's
<br />fees, to the extent permitted by applicable law.
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