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i ` j{/ . 99 109361 ,�; ,,/ 11. Remedies; Acceleration Upon Default. In the event of any Event of Default, Lender may, without notice, except as required by law, declare all indebtedness secured hereby to be due and �ayable and the same shall thereupon become due and � payable� without any presentment, demand, protest or notice of any kind. Thereafter, Lender may: (a) Demand that Trustee exercise the POWER OF SALE granted herein, and Trustee shall thereafter cause Borrower's interest in the Propertx to be sold and the proceeds to be distributed, all in the manner provided in the Nebraska Trust Deeds Act; (b) Exercise any and all rights provided for in +' any of the Loan Instruments or by law upon occurrence of any Event of Default; and 1 (c) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specif- ically enforce any of the covenants hereof. No remedy herein conferred upon or reserved to Trustee or Lender is intended to be exclusive of any other remedy herein in the Loan Instruments or by law provided or permitted, but each shall be cumulative, shall be in addition to every other remedy given hereunder in the Loan Instruments or now or hereafter existing at law or in eguity or by statute, and may be exercised con- currently, independently or successively. 12. Trustee. The Trustee may resign at any time with- I' out cause, and Lender may at any time and without cause a successor or substitute Trustee. Trustee shall not be liablentoa any party, including, without limitation, Lender, Borrower or any purchaser of the Property, for any loss or damage unless due to reckless or willful misconduct, and shall not be required to take any action in connection with the enforcement of this Deed of Trust unless indemnified, in writing, for all costs, compensation or expenses which may be associated therewith. In addition, Trustee may become a purchaser at any sale of the Property (judicial or under the power of sale granted herein) ; postpone the sale of all or any portion of the Property, as provided by law; or sell the Property as a whole, or in separate parcels or lots. 13 . Fees and Exoenses. In the event Trustee sells the Property by exercise of power of sale, Trustee shall be entitled , to apply any sale proceeds first to pa�ment of all costs and expenses of exercising power of sale, including all Trustee's fees actuall incurred. ri ht y In the event Borrower exercises any g provided by law to cure an Event of Default, Lender shall be entitled to recover from Borrower all costs and expenses actually incurred as a result of Borrower�s default, including, without limitation, all Trustee's and attorney�s fees, in the maximum amount allowed by law. In addition, in the event of each such cure, Lender shall be entitled to a reinstatement fee of One Hundred and No/100 Dollars ($100.00) . � 14. �Iiscellaneous Provisions; (a) Borrower Not Released. Extension of the time for pa�ment or modification of amortization of the sums secured by this Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the ; liability of the original Borrower and Borrower's successors in interest. �- Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demands made by the original Borrower and j Borrower�s successors in interest.