' r
<br />89-- $04238
<br />if) The sale, transfer, assignment, cpr.vay-
<br />artOe.. :or of s ore than a total of thixty-
<br />threb.percent 13311.of.its issued and outstanding,ostock
<br />during the patlod this Deed of Trust remains a lien-oh
<br />the Property.
<br />n 11. Re"dies; Acceleration Upon Default. In the event
<br />of any Event of Default, Under may, thout notice, except as
<br />required by law, declare all indebtedness secured herehy, to -ba _
<br />due and payable and the same shall thereupon become due -aM.
<br />payable without any presentment, demand, protest or notice:of my
<br />kind. Thereafter, Lender slay:
<br />taA 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 pr+oc64ds to be distributed, all in the, manner
<br />provided in the Nebraska Trust Deeds Act;
<br />(is). Exercise any—and all rights provided for
<br />in any of the Loan instruments or by law upon
<br />occurrence 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 />Derr, Instruments or by law provided or permitted,, but each shall
<br />be ausulative, shall be in addition to every other remedy given
<br />hereunder in the Loan Instruments or now or hereafter existing -at
<br />lair .or' in equity or by statute, and may be exercised' concur-
<br />re:v ly, independently or successively.
<br />12. TTruitee. The Trustee may resign at a ;lst time
<br />without cause, and Lender may at any time and witho%, cause
<br />appoint a successor or %uhatitute Trustee. Trustee shall not be
<br />liable to any party, including,,- without limitiltion, Lender,
<br />borrower or any purchaser 'of the Property„ for any loss or damage
<br />unless due to reckless car willful misconduct, and shall not be
<br />required to take any action in connection with the enforcement of
<br />this Deed of Trust unless ' indenni:fied, in wri.t.i tg, for all costs,
<br />compensation or expenses which. may be associates) therewith. In
<br />addition, Trustee may become a' purchaser at 6A' y sale of the
<br />Property (judicial or under the power of sale granted herein►;
<br />postpone the sale of all or any portion of the Property, as
<br />provided by law; br sell the Property as a whole, or in separate
<br />parcels or lots..
<br />11. tees and Expenses. In the event Trustee sells the
<br />Property by exercise or power at 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 />li. Future Advances. Upon request of Borrower, Lender
<br />may, at its option, ma a additional and future advances and
<br />readvances 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 aamoun►t 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, or Two Hundred Thousand and No /100 Dollars
<br />1$20[3,000.00), whichever in greater.
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