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RE- RECORDED
<br />200400708 200400148
<br />c) A writ of execution or attachment or any similar process shall be entered against Trustor
<br />which shall become a lien on the Property or any portion thereof or interest herein;
<br />d) There shall be filed by or against Trustor or Borrower an action under any present or
<br />future federal, state or other statute, law or regulation relating to bankruptcy, insolvency or other
<br />relief for debtors; or there shall be appointed any trustee, receiver or liquidator of Trustor or Borrower
<br />or of all or any part of the Property, or the rents, issues or profits thereof, or Trustor or Borrower shall
<br />make any general assignment for the benefit of creditors;
<br />e) 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; provided that Trustor shall be permitted to execute a lease of the Property that
<br />does not contain an option to purchase and the term of which does not exceed one year;
<br />f) Abandonment of the Property; or
<br />g) If Trustor is not an individual, the issuance, sale, transfer, assignment, conveyance or
<br />encumbrance of more than a total of N/A percent of (if a corporation) its issued and outstanding
<br />stock or (if a partnership) a total of N/A percent of partnership interests during the period this
<br />Deed of Trust remains a lien on the Property.
<br />12. Remedies; Acceleration Upon Default. In the event of any Event of Default Lender
<br />may, without notice except as required by law, declare all indebtedness secured hereby to be due
<br />and payable and the same shall thereupon become due and payable without any presentment,
<br />demand, 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 in
<br />the manner provided in the Nebraska Trust Deeds Act;
<br />b) Exercise any and all rights provided for in any of the Loan Instruments 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,
<br />or specifically enforce any of the covenants hereof.
<br />No remedy herein conferred upon or reserved to Trustee or Lender is intended to be
<br />exclusive of any other remedy herein, in the Loan Instruments.or by law provided or permitted, but
<br />each shall be cumulative, shall be in addition to every other remedy given hereunder, in the Loan
<br />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
<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, for any
<br />loss or damage unless due to reckless or willful misconduct, and shall not be required to take any
<br />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
<br />become a purchaser at any sale of the Property (judicial or under the power of sale granted herein);
<br />postpone the sale of all or any portion of the Property, as provided by law; or sell the Property as a
<br />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
<br />sale. Trustee shall be entitled to apply any sale proceeds first to payment of all costs and expenses
<br />of exercising power of sale, including all Trustee's fees, and Lender's and Trustee's attorney's fees,
<br />actually incurred to extend permitted by applicable law. In the event Borrower or Trustor exercises
<br />any right provided by law to cure an Event of Default, Lender shall be entitled to recover from Trustor
<br />all costs and expenses actually incurred as a result of Trustor's default, including without limitations
<br />all Trustee's and attorney's fees, to the extent permitted by applicable law.
<br />15. Future Advances. Upon request of Borrower, Lender may, at its option, make
<br />additional and future advances and readvances to Borrower. Such advances and readvances, with
<br />interest thereon, shall be secured by this Deed of Trust. At no time shall the principal amount of
<br />indebtedness secured by this Deed of Trust, not including sums advanced to protect the security of
<br />this Deed of Trust, exceed the original principal amount stated herein, or $ n/a ,
<br />whichever is greater.
<br />16. Miscellaneous Provisions.
<br />a) Borrower Not Released. Extension of the time for payment or modification of
<br />amortization of the sums secured by this Deed of Trust granted by Lender to any successor in
<br />interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower
<br />and Borrower's successors in interest. Lender shall not be required to commence proceedings
<br />against such successor or refuse to extend time for payment or otherwise modify amortization of the
<br />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
<br />payment of any obligation herein mentioned, and without affecting the lien or charge of this Deed of
<br />Trust upon any portion of the Property not then or theretofore released as a security for the full
<br />amount of all unpaid obligations, Lender may, from time to time and without notice, (i) release any
<br />person so liable; (ii) extend the maturity or alter any of the terms of any such obligations; (iii) grant
<br />other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at
<br />Lender's option any parcel, portion or all of the Property; (v) take or release any other or additional
<br />security for any obligation herein mentioned; or (vi) make compositions or other arrangements with
<br />debtors in relation thereto.
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