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state or other statute, law or regulation relating to <br />bankruptcy, insolvency or other relief for debtors; or <br />there shall be appointed any trustee, receiver or <br />liquidator of Borrower or of all or any part of the <br />Property, or the rents, issues or profits thereof, or <br />Borrower shall make any general assignment for the <br />benefit of creditors; <br />- .':ter_ -_ .• <br />r Zz - <br />1 <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 De_ fault. In the event 1 <br />of any Event .of Default, Lender may, without �xot�xotIce, except as <br />required by lay.., declare all indebtedness secured hereby to Ise - <br />due and payal2e and the same shall thereupon become due and <br />payabla without any 1rreaentment, demand, protest or notice of any <br />kind. Thereafter, Lender may: <br />ka) Demand that Trustee exercise the POWER <br />OF SALE granted herein, and Trustee shall thereafter <br />cause Borrower's interest in. .the "7roperty to be sold <br />and the proceeds to be dist,i1buted, all in the manner <br />provided in the Nebraska Trust Act; <br />(b) Exercise any and axll rights provided for <br />In any of the Loan Instruments. cr by law upon occur - <br />ran-ce of any Event of Default; and <br />Cc) Commence an action to foreclose this <br />Deed of Trust as a mortgage, apg©int 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 />Lawn Instruments or by law provided or permitted, but each shall <br />be cummulative, 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 <br />without cause, and Lender may at any time and without cause <br />appoint a successor or substitute Trustee. Trustee shall not be <br />liable to any party, including, without limitation, Lender, <br />Borrower or any purchaser of the Property, for any loss or damage <br />unless due to reckless or willful misconduct, and shall not he ` <br />required to take any ..action in connection with the enforcement of <br />this Meed of Trust unless indemnified, in writing, for all costs, <br />compensation or expenses which may be associated therewith. In <br />addition-„ Trust -wee may become a purchaser at any sale of the <br />Property Qjudi,cial or under the power of sale. granted herein); <br />postpomc_ the sale of all or any portion of the Property, as <br />provided by law; or,sell the Property as a whole, or in separate <br />parcels or lots. <br />13. Fees and Expenses. In the event Trustee- sells the <br />Property by exercise of power of sale, Trustee shall lae entitled <br />to ayply 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 />-5- <br />