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202109229 <br />(k) Any of the preceding events occurs with respect to any guarantor, <br />endorser, surety, or accommodation party of any of the indebtedness; or any <br />guarantor, endorser, surety, or accommodation party dies or becomes <br />incompetent, or revokes or disputes the validity of or liability under any Guaranty <br />of the Indebtedness; <br />(1) The sale, transfer, assignment, conveyance, or further encumbrance of <br />all or any part of or any interest in the Property, either voluntarily or involuntarily, <br />without the express written consent of Lender or as otherwise permitted herein; <br />(m) Abandonment of the Property; <br />(n) A material adverse change occurs in Borrower's or Trustor's financial <br />condition, or Lender believes the prospect of payment or performance of the <br />indebtedness is impaired; or <br />(o) Lender in good faith believes itself insecure. <br />12. Remedies; Acceleration Upon Default. Upon occurrence of any Event of Default, <br />Lender may, without notice except as required by law, declare all indebtedness secured hereby to <br />be due and payable, and the same shall thereupon become due and payable without any <br />presentment, demand, protest, or notice of any kind. Thereafter, Lender may: <br />(a) Demand that Trustee exercise the POWER OF SALE granted herein, <br />and Trustee shall thereafter cause Trustor's interest in the Property to be sold and <br />the proceeds to be distributed, all in the manner provided in the Nebraska Trust <br />Deeds Act; <br />(b) Exercise any and all rights provided for in the Note, this Deed of <br />Trust, or by law; and <br />(c) Commence an action to foreclose this Deed of Trust as a mortgage, <br />appoint a receiver, or 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 <br />any other remedy herein, in the Note, or by law provided or permitted, but each shall be <br />cumulative and shall be in addition to every other remedy given hereunder, in the Note, or now <br />or hereafter existing at law or in equity or by statute, and may be exercised concurrently, <br />independently, or successively. <br />13. Trustee. The Trustee may resign at any time without cause, and Lender may at any <br />time and without cause appoint a successor or substitute Trustee. Trustee shall not be liable to <br />any party, including without limitation Lender, Borrower, Trustor, or any purchaser of the <br />Property, for any loss or damage unless due to reckless or willful misconduct, and shall not be <br />required to take any action in connection with the enforcement of this Deed of Trust unless <br />indemnified in writing for all costs, compensation, or expenses that may be associated therewith. <br />In addition, Trustee may become a purchaser at any sale of the Property (judicial or under the <br />power of sale granted herein), postpone the sale of all or any portion of the Property as provided <br />by law, or sell the Property as a whole or in separate parcels or lots at Trustee's discretion. <br />14. Fees and Expenses. In the event that Trustee sells the Property by exercise of <br />power of sale, Trustee shall be entitled to apply any sale proceeds first to payment of all costs <br />and expenses of exercising power of sale, including all Trustee's fees, and Lender's and <br />Trustee's attorney's fees actually incurred to the extent permitted by applicable law. In the event <br />Page 5 of 8 <br />