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. <br /> . 99-sc�ss�z <br /> issues or profits, and Trustee and Lender sha11 be entitled to exercise every right provided for herein or by law upon <br /> occurrence of any Event of Default, includin� without limitation the right to exercise the power of sa1e. Further, <br /> Lender's rights and remedies under this paragraph shall be cumulative with, and in no way a limitation on, Lender's <br /> rights and remedies under any assignment of leases and rents recorded against the Property. Lender, Trustee and the <br /> receiver shall be liable to account only for those rents actually received. <br /> ' 11. Events of Default. The following shall constitute an Event of Default under this Deed of Trust: <br /> (a) Failure to pay any installment of principal or interest or any other sum secured hereby <br /> when due; <br /> (b) A breach of,or default under,any provision contained in the Note,this Deed of Trust, <br /> any of the Loan Instruments,or any other lien or encumbrance upon the Property; <br /> (c) A writ of eacecution or attachment, or any similar process, sha11 be entered against <br /> Trustor which shall become a lien on the Property or any portion or interest therein; <br /> (d) There sha11 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 <br /> Borrower or of all or any part of the Property, rents, issues or profits thereof, or Trustor or <br /> Borrower sha11 make any general assignment for the benefit of creditors; <br /> (e) The sa1e, transfer, assignment, conveyance or further encumbrance of a11 or any part <br /> of or any irnerest in the Property, either voluntarily or involuntarily, without the express written <br /> consent of Lender or as otherwise herein permitted;or <br /> (fl Abandonment of the Property. <br /> 12. Remedies: Acceleration Upon Default. In the event of and Event of Default, Lender may, without <br /> notice except as required by law, declare all indebtedness secured hereby to be due and payable, and the same shall <br /> thereupon become due and payable without any presentment, demand, protest or notice of any kind. Thereafter, <br /> Lender may: <br /> (a) Demand that Trustee exercise the POWER OF SALE granted herein, and Trustee <br /> shall thereafter cause Trustor's interest in the Property to be sold and the proceeds to be <br /> distributed,all in the manner provided in the Nebraska Trust Deeds Act; <br /> (b) Exercise any and a11 rights provided for in the Note,this Deed of Trust 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 exclusive of any other remedy <br /> herein, in the Note or by law provided or permitted, but each shall be cumulative, shall be in addition to every other <br /> remedy given hereunder, in the Note or now or hereafter existing at law or in equity or by statute, and may be <br /> exercised concunently, independently or successively. <br /> 13. Trustee. The Trustee may resign at any time without cause, and Lender may at any time and without <br /> cause appoint a successor or substitute Trustee. Trustee shall not be liable to any party,including,without limitation, <br /> Lender,Borrower, Trustor or any purchaser of the Property, for any loss or damage unless due to reckless or willful <br /> misconduct, and shall not be required to take any action in connection with the enforcement of this Deed of Trust <br /> unless indemnified, in writing, for a11 costs, compensation or �penses wMch may be associated therewith. In <br /> addition, Trustee may become a purchaser at any sale of the Property (judicial or under the power of sale granted <br /> herein);postpone the sale of a11 or any portion of the Property, as provided by law;or sell the Property as a whole, or <br /> in sepazate parcels or lots at Trustee's discretion. <br /> 14. Fees and Expenses. In the event I'rustee sells the Property by exercise of power of sale, Trustee shall <br /> be entitled to apply any sale proceeds first to payment of a11 costs and expenses of exercising power of sa1e, including <br /> a11 Trustee's fees, and Lender's and Trustee's attorney's fees actually incurred to the extent permitted by applicable <br /> law. In the event 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 incuned as a result of Trustor's default, including, <br /> without limitation,all Trustee's and attorney's fees,to the extent permitted by applicable law. <br /> 15. Future Advances. Upon request of Bonower, Lender may, at its option, make additional and future <br /> advances and readvances to Borrower. Such advances and readvances, with interest thereon, shall be <br /> secured by this Deed of Trust. At no time shall the principal amount of the indebtedness secured by this <br /> Deed of Trust, not including sums advanced to protect the security of this Deed of Trust, exceed the <br /> Page 3 of 5 <br />