|
202107078
<br />(a) The occurrence of an event of default under the Note, including, without limitation, failure
<br />of Trustor to pay any installment of principal and interest, or any other sum secured hereby, when
<br />due after any applicable cure period;
<br />(b) The occurrence of an event of default under any of the Loan Documents;
<br />(b) A breach of or default under any provision contained in this Deed of Trust which is not
<br />cured within thirty (30) days after Trustor's receipt of written notice thereof;
<br />(c) A writ of execution, garnishment or attachment, or any similar process shall be entered
<br />against Trustor;
<br />(d) There shall be filed by or against Trustor an action under any present or future federal,
<br />state or other statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors;
<br />(e) There shall be appointed a trustee, receiver or liquidator of Trustor, or of all or any part of
<br />the Property, or the rents, issues or profits thereof, or Trustor shall make any general assignment
<br />for the benefit of creditors;
<br />(f) The sale, transfer, lease, assignment, conveyance or further encumbrance of all or any
<br />part of, or any interest in, the Property, either voluntarily or involuntarily, without the express written
<br />consent of Lender;
<br />(g) Any material adverse change shall occur in the property, business operations or conditions
<br />(financial or otherwise) of the Borrower; or
<br />(h) Abandonment of the Property.
<br />12. Remedies; Acceleration Upon Default. In the event of any Event of Default, Lender may,
<br />without notice, except as required by law, declare all indebtedness secured hereby to be immediately due
<br />and payable, and the same shall thereupon become due and payable without any presentment, demand,
<br />protest or notice of any kind. Thereafter, Lender may:
<br />(a) Demand that Trustee exercise the POWER OF SALE granted herein, and Trustee shall
<br />thereafter cause Trustor's interest in the Property to be sold and the proceeds to be distributed, all
<br />in the manner provided in the Nebraska Trust Deeds Act;
<br />(b) Exercise any and all rights provided for in any of the Loan Documents or by law, upon
<br />occurrence of any Event of Default; and
<br />(c) Commence an action to foreclose this 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 is intended to be exclusive of any other
<br />remedy herein, in the Loan Documents or by law provided or permitted, but each shall be cumulative, shall
<br />be in addition to every other remedy given hereunder, in the Loan Documents, or now or hereafter existing
<br />at law or in equity 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
<br />and without cause, appoint a successor or substitute Trustee. Trustee shall not be liable to any party,
<br />including, without limitation, Lender, 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 expenses
<br />which may be associated therewith. In addition, Trustee may: (i) become a purchaser at any sale of the
<br />4
<br />
|