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202207920
<br />(I) 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 Trust,
<br />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 cumulative
<br />and shall be in addition to every other remedy given hereunder, in the Note, or now or hereafter
<br />existing at law or in equity or by statute, and may be exercised concurrently, independently, or
<br />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 any
<br />party, including without limitation Lender, Borrower, Trustor, or any purchaser of the Property,
<br />for any loss or damage unless due to reckless or willful misconduct, and shall not be required to
<br />take any action in connection with the enforcement of this Deed of Trust unless indemnified in
<br />writing for all costs, compensation, or expenses that may be associated therewith. In addition,
<br />Trustee may become a purchaser at any sale of the Property (judicial or under the power of sale
<br />granted herein), postpone the sale of all or any portion of the Property as provided by law, or sell
<br />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 power
<br />of sale, Trustee shall be entitled to apply any sale proceeds first to payment of all costs and
<br />expenses of exercising power of sale, including all Trustee's fees, and Lender's and Trustee's
<br />attorney's fees actually incurred to the extent permitted by applicable law. In the event that
<br />Borrower or Trustor exercises any right provided by law to cure an Event of Default, Lender shall
<br />be entitled to recover from Trustor all costs and expenses actually incurred as a result of Trustor's
<br />default, including without limitation all Trustee's and attorney's fees, to the extent permitted by
<br />applicable law.
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