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200401726
<br />and unpaid, by notifying tenants to make payments to Lender. Lender may apply rents, issues and profits, less costs
<br />and expenses of operation and collection including attorneys' fees, to any indebtedness secured hereby, all in such order
<br />as Lender may determine. The entering upon and taking possession of the Property, the collection of such rents, issues
<br />and profits, and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder
<br />or invalidate any act done in response to such default or pursuant to such notice of default and, notwithstanding the
<br />continuance in possession of the Property or the collection, receipt and application of rents, issues or profits, Trustee
<br />and Lender shall be entitled to exercise every right provided for in any of the Loan Instruments or by law upon
<br />occurrence of any Event of Default, including without limitation the right to exercise the power of sale. 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 of any other sum secured hereby when due;
<br />(b) A breach of or default under any provision contained in the Note, this Deed of Trust, any of the Loan
<br />Instruments, or any other lien or encumbrance upon the Property;
<br />(c) A writ of execution or attachment or any similar process shall be entered against Trustor which shall become
<br />a lien on the Property or any portion thereof or interest therein;
<br />(d) There shall be filed by or against Trustor or Borrower an action under any present or future federal, state or
<br />other statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors; or there shall be
<br />appointed any trustee, receiver or liquidator of Trustor or Borrower or of all or any part of the Property, or
<br />the rents, issues or profits thereof, or Trustor or Borrower shall make any general assignment for the benefit
<br />of creditors;
<br />(e) The sale, transfer, lease, assignment, conveyance or further encumbrance of all or any part of or any interest
<br />in the Property, either voluntarily or involuntarily, without the express written consent of lender; provided
<br />that Trustor shall be permitted to execute a lease of the Property that does not contain an option to purchase
<br />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 encumbrance of more
<br />than (if a corporation) a total of N/A percent of its issued and outstanding stock, or (if a partnership) a total
<br />of N/A percent of partnership interests, or (if a limited liability company) a total of N/A percent of the limited
<br />liability company interests or voting rights during the period this Deed of Trust remains a lien on the Property.
<br />12. Remedies; Acceleration Upon Default. In the event of any Event of Default, Lender may, without notice except as
<br />required by law, declare all indebtedness secured hereby to be due and payable and the same shall thereupon become
<br />due and payable without any presentment, 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 thereafter cause
<br />Trustor's interest in the Property to be sold and the proceeds to be distributed, all in the manner provided in
<br />the Nebraska 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
<br />Event of Default; and
<br />(c) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce
<br />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 Loan Instruments or by law provided or permitted, but each shall be cumulative, shall be in addition to
<br />every other remedy given hereunder, in the Loan Instruments or now or hereafter existing at law or in equity or by
<br />statute, and may be exercised 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,
<br />Borrower, Trustor or any purchaser of the Property, for any loss or damage unless due to reckless or willful misconduct,
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