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' (f) Abandonment of the Property; or 99"' 1(,�'36,38
<br /> (g) If Trustor is not an individual, the issuance, sale, transfer, assignment, conveyance or encumbrance of more than a
<br /> total of n-d percent of(if a corporation) its issued and outstanding stock or(if a partner-
<br /> ship) a total of n-d percent of partnership interests during the period this Deed of Trust
<br /> remains a lien on the Property.
<br /> 12. Remedies; Acceleration lDpon Default. In the event of any Event of Default Lender may, without notice
<br /> except as required by law, declare all indebtedness secured hereby to be due and payable and the same shall thereupon
<br /> become due and payable without any presentment, demand, protest or notice of any kind. Thereafter Lender may:
<br /> (a) Demand that Trustee exercise the POW�R OF SALE granted herein, and Trustee shall thereafter cause Trustor's
<br /> interest in the Property to be sold and the proceeds to be distributed, all in the manner provided in the Nebraska
<br /> Trust Deeds Act;
<br /> (b) Exercise any and all rights provided for in any of the Loan Instruments or by law upon occurrence of any Event of De-
<br /> fault; and
<br /> (c) Commence an action to foreclose this Deed of Trust as a mortgage,appoint a receiver,or specifically enforce any of
<br /> the covenants hereof.
<br /> No remedy herein conferred upon or reserved to Trustee or Lender is intended to be exclusive of any other remedy herein, in
<br /> the Loan Instruments or by law provided or permitted,but each shall be cumulative,shall be in addition to every other remedy
<br /> given hereunder, in the Loan Instruments or now or hereafter existing at law or in equity or by statute,and may be exercised
<br /> concurrently, independently or successively.
<br /> 13. Trustee.The Trustee may resign at any time without cause,and Lender may at any time and without cause appoint
<br /> a successor or substitute Trustee. Trustee shall not be liable to any party, including without limitation Lender, Borrower,
<br /> Trustor or any purchaser of the Property, for any loss or damage unless due to reckless or willful misconduct, and shall not
<br /> be required to take any action in connection with the enforcement of this Deed of Trust unless indemnified, in writing,for all
<br /> costs, compensation or expenses which may be associated therewith. In addition,Trustee may become a purchaser at any
<br /> sale of the Property Qudicial or under the power of sale granted herein); postpone the sale of all or any portion of the Property,
<br /> as provided 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 Trustee sells the Property by exercise of power of sale,Trustee shall be entitled to
<br /> apply any sale proceeds first to payment of all costs and expenses of exercising power of sale, including all Trustee's fees,
<br /> and Lender's and Trustee's attorney's fees, actually incurred to extent permitted by applicable law. In the event Borrower or
<br /> Trustor exercises any right provided by law to cure an Event of Default, Lender shall be entitled to recover from Trustor all
<br /> costs and expenses actually incurred as a result of Trustor's default, including without limitation all Trustee's and attorney's
<br /> fees, to the extent permitted by applicable law.
<br /> 15. Future Advances. Upon request of Borrower, Lender may, at its option, make additional and future advances and
<br /> readvances to Borrower. Such advances and readvances,with interest thereon,shall be secured by this Deed of Trust.At no
<br /> time shall the principal amount of the indebtedness secured by this Deed of Trust, not including sums advanced to protect
<br /> the security of this Deed of Trust, exceed the original principal amount stated herein, or $ 84,000.00
<br /> whichever is greater. '
<br /> 16. Miscellaneous Provisions.
<br /> (a) Borrower Not Released. Extension of the time for payment or modificatioFl of amortization of the sums secured by
<br /> this Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to release, in any
<br /> manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to
<br /> commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortiza-
<br /> tion of the sums secured by this Deed of Trust by reason of any demands made by the original Borrower and
<br /> Borrower's successors in interest.
<br /> (b) Lender's Powers. Without affecting the liability of any other person liable for the payment of any obligation herein
<br /> mentioned, and without affecting the lien or charge of this Deed of Trust upon any portion of the Property not then or
<br /> theretofore released as security for the full amount of all unpaid obligations, Lender may,from time to time and with-
<br /> out notice(i)release any person so liable, (ii)extend the maturity or alter any of the terms of any such obligations,(iii)
<br /> grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Lender's op-
<br /> tion any parcel, portion or all of the Property, (v) take or release any other or additional security for any obligation
<br /> herein mentioned,or (vi) make compositions or other arrangements with debtors in relation thereto.
<br /> (c) Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or
<br /> otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy.
<br /> The procurement of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of
<br /> Lender's right to accelerate the maturity of the indebtedness secured by this Deed of Trust.
<br /> (d) Successors and Assigns Bound;Joint and Several Liability; Captions. The covenants and agreements herein con-
<br /> tained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and
<br /> Trustor. All covenants and agreements of Trustor shall be joint and several. The captions and headings of the para-
<br /> graphs of this Deed of Trust are for convenience only and are not to be used to interpret or define the provisions
<br /> hereof.
<br /> (e) Request for Notices. The parties hereby request that a copy of any notice of default hereunder and a copy of any
<br /> notice of sale hereunder be mailed to each party to this Deed of Trust at the address set forth above in the manner
<br /> prescribed by applicable law. Except for any other notice required under applicable law to be given in another man-
<br /> ner,any notice provided for in this Deed of Trust shall be given by mailing such notice by certified mail addressed to
<br /> the other parties, at the address set forth above.Any notice provided for in this Deed of Trust shall be effective upon
<br /> mailing in the manner designated herein. If Trustor is more than one person, notice sent to the address set forth
<br /> above shall be notice to all such persons.
<br /> (f) Inspection.Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided
<br /> that Lendershall give Trustor notice prior to any such inspection specifying reasonable cause therefor related to
<br /> Lender'sinterest in the Property.
<br /> (g) Reconveyance. Upon payment of all sums secured by this Deed of Trust, Lender shall request Trustee to reconvey
<br /> the Property and shall surrender this Deed of Trust and all notes evidencing indebtedness secured by this Deed of
<br /> Trust to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons
<br /> legally entitled thereto. Trustor shall pay all costs of recordation, if any.
<br /> (h) Personal Property; Security Agreement. As additional security for the payment of the Note, Trustor hereby grants
<br /> Lender under the Nebraska Uniform Commercial Code a security interest in all fixtures, equipment, and other per-
<br /> sonal properry used in connection with the real estate or improvements located thereon,and not otherwise declared
<br /> or deemed to be a part of the real estate secured hereby . This instrument shall be construed as a Security Agree-
<br /> ment under said Code, and the Lender shall have all the rights and remedies of a secured party under said Code in
<br /> addition to the rights and remedies created under and accorded the Lender pursuant to this Deed of Trust; provided
<br /> that Lender's rights and remedies under this paragraph shall be cumulative with, and in no way a limitation on,
<br /> Lender's rights and remedies under any other security agreement signed by Borrower or Trustor.
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