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' 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. <br />•5- <br />a <br />u <br />r' <br />_J - <br />