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' 99 1Q� 259
<br /> ily or involuntarily, without the express written consent of Lender or as
<br /> otherwise herein permitted; or
<br /> (� Abandonment of the Property.
<br /> 12. Remedies; Acceleration Unon Default. In the event of any Event of Default,
<br /> Lender may, without notice except as required by law, declare all indebtedness secured
<br /> hereby to be due and payable, and the same shall thereupon become due and payable
<br /> without any presentment, demand,protest or notice of any kind. Thereafter, Lender may:
<br /> (a) Demand that Trustee exercise the POWER OF SALE granted
<br /> herein, and Trustee shall thereafter cause Trustor's interest in the Properly
<br /> 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 the Note, this Deed
<br /> of Trust or by law upon occurrence of any Event of Default; and
<br /> (c) Commence an action to foreclose this Deed of Trust as a mort-
<br /> gage, appoint a receiver or specifically enforce any of the covenants
<br /> 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 Note or by law provided or permitted, but
<br /> each shall be cumulative, shall be in addition to every other remedy given hereunder, in
<br /> the Note or now or hereafter existing at law or in equity or by statute, and may be exer-
<br /> cised concurrently, independently or successively.
<br /> 13. Trustee. The Trustee may resign at any time without cause, and Lender may
<br /> at any time and without cause appoint a successor or substitute Trustee. Trustee shall not
<br /> be liable to any party, including, without limitation, Lender, Borrower, Trustor or any
<br /> purchaser of the Property, for any loss or damage unless due to reckless or willful mis-
<br /> conduct, and shall not be required to take any action in connection with the enforcement
<br /> of this Deed of Trust unless indemnified, in writing, for all costs, compensation or
<br /> expenses which may be associated therewith. In addition, Trustee may become a pur-
<br /> chaser 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
<br /> Property as a whole, or in separate parcels or lots at Trustee's discretion.
<br /> 14. Fees and Ex�nses. In the event Trustee sells the Property by exercise of
<br /> power of sale, Trustee shall be entitled to apply any sale proceeds first to payment of all
<br /> costs and expenses of exercising power of sale, including all Trustee's fees, and Lender's
<br /> and Trustee's attorney's fees actually incurred to the extent permitted by applicable law.
<br /> In the event Borrower or Trustor exercises any right provided by law to cure an Event of
<br /> Default, Lender shall be entitled to recover from Trustor all costs and expenses actually
<br /> incurred as a result of Trustor's default, including, without limitation, all Trustee's and
<br /> 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 read-
<br /> vances, with interest thereon, shall be secured by this Deed of Trust to the full extent
<br /> permitted by Neb.Rev.Stat. § 76-1002. At no time shall the principal amount of the
<br /> indebtedness secured by this Deed of Trust, not including sums advanced to protect the
<br /> security of this Deed of Trust, exceed $600,000.00.
<br /> 16. Miscellaneous Provisions.
<br /> (a) Borrower Not Released. Extension of the time for payment or modifi-
<br /> cation of amortization of the sums secured by this Deed of Trust granted by
<br /> Lender to any successor in interest of Borrower shall not operate to release, in any
<br /> manner, the liability of the originai Borrower and Borrower's successors in inter-
<br /> est. Lender shall not be required to commence proceedings against such
<br /> successor or refuse to extend time for payment or otherwise modify amortization
<br /> of the sums secured by this Deed of Trust by reason of any demands made by the
<br /> original Borrower and Borrower's successors in interest.
<br /> (b) Lender's Powers. Without affecting the liability of any other person
<br /> liable for the payment of any obligation herein mentioned, and without affecting
<br /> the lien or charge of this Deed of Trust upon any portion of the Property not then
<br />
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