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11i;• 1 0 �t +r..ylle 90-106941 there shall be appointed any trustee, receiver or liquidator of Borrower or of all or any part of the Property, or the rents, issues or profits thereof, or Borrower shall make any general assignment for the benefit of creaitorsl (e) The sale, transfer, assignment, convey- ance or further encumbrance of all or any part of or any :interest in the Property, either voluntarily or involuntarily, without the express written consent of Lender. 11. Remediesj Acceleration U on Default. In the event of any Event o efault, Lender may, without notice, except as required by law, declare all indebtedness secured hereby to be due and payable and the same shall thereupon become due and payable without any presentment, demand, protest or notice of any kind. Thereafter, Lender may: (a) Demand that Trustee exercise the POWER OF SALE granted herein, and Trustee shall thereafter cause Borrower's interest in the Property to be sold and the proceeds to be distributed, all in the manner provided in the Nebraska Trust Deeds Act; (b) Exercise any and all rights provided for in any of the Loan Instruments or by law upon occur- rence of any Event of Defaults and (c) commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the covenants hereof. No remedy herein conferred upon or reserved to Trustee or Lender is intended to be exclusive of any other remedy herein in the Loan Instruments or by law provided or permitted, but each shall be cumulative, shall be in addition to every other remedy given hereunder in the Loan Instruments or now or hereafter existing at law or in equity or by statute, and may be exercised concur- rently, independently or successively. 12. Trustee. The Trustee nay resign at any time without cause, an Lender may at any time and without cause appoint a successor or substitute Trustee. Trustee shall not be liable to any party, including, without limitation, Lender, Borrower or any purchaser of the Property, for any loss or damage unless due to reckless or willful misconduct, and shall not be required to take any action in connection with the enforcement of this Deed of Trust unless indemn:.fied, in writing, for all costs, compensation or expenses which may be associated therewith. In addition, Trustee may become a purchaser at any sale of the Property (judicial or under the power of sale granted herein); postpone the sale of all or any portion of the Property, as provided by law; or sell the Property as a whole, or in separate parcels or lots. 13. Fees and Expenses. rn the event Trustee sells the Property by exercise of power of sale, Trustee shall be entitled to apply any sale proceeds first to payment of all costs and expenses of exercising power of sale, including all Trustee's fees actually incurred. In the event Borrower exercises any richt provided by law to cure an Event of Default, Lender shall berentiitled to recover from Borrower all costs and expenses actually incurred as a result of Borrower's default, including, without limitation, all Trustee's and attorney's fees, in the maximum amount allowed by law. In addition, in the event of each such cure, Lender shall be entitled to a reinstatement fee of one Hundred and No /100 Dollars ($100.00). Miscellaneous Provisions. (a) Borrower Not Released. Extension of the time for payment or modification of'amo— rtization of the sums secured by 4G -iii rti..e _