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99 110131
<br /> AND TRUSTOR'S OBLIGATIONS PURSUANT TO THE FOREGOING
<br /> INDEMNITY, SHALL SURVIVE RECONVEYANCE OF THIS DEED OF TRUST.
<br /> 10. Assi�nment of Rents. Trustor hereby assigns to Lender the rents, issues and
<br /> profits of the Property, provided that Trustor shall, until the occurrence of an Event of
<br /> Default hereunder, have the right to collect and retain such rents, issues and profits as
<br /> they become due and payable. Upon the occurrence of an Event of Default, Lender may,
<br /> either in person or by agent, with or without bringing any action or proceeding, or by a
<br /> receiver appointed by a court and without regard to the adequacy of its security, enter
<br /> upon and take possession of the Property, or any part thereof, in its own name or in the
<br /> name of the Trustee, and do any acts which it deems necessary or desirable to preserve
<br /> the value, marketability or rentability of the Property, or any part thereof, or interest
<br /> therein, increase the income therefrom, or protect the security thereof, and, with or with-
<br /> out taking possession of the Property, sue for, or otherwise collect, the rents, issues and
<br /> profits thereof, including those past due and unpaid, and apply the same, less costs and
<br /> expenses of operation and collection including attorney's fees, upon any indebtedness
<br /> secured hereby, all in such order as Lender may determine. The entering upon and taking
<br /> possession of the Property, the collection of such rents, issues and profits and the
<br /> application thereof as aforesaid, shall not cure or waive any default or notice of default
<br /> hereunder or invalidate any act done in response to such default or pursuant to such
<br /> notice of default and, notwithstanding the continuance in possession of the Property or
<br /> the collection, receipt and application of rents, issues or profits, and Trustee and Lender
<br /> shall be entitled to exercise every right provided for herein or by law upon occurrence of
<br /> any Event of Default, including without limitation the right to exercise the power of sale.
<br /> Further, Lender's rights and remedies under this paragraph shall be cumulative with, and
<br /> in no way a limitation on, Lender's rights and remedies under any assignment of leases
<br /> and rents recorded against the Property. Lender, Trustee and the receiver shall be liable
<br /> to account only for those rents actually received.
<br /> 11. Events of Default. The following shall constitute an Event of Default under
<br /> this Deed of Trust:
<br /> (a) Failure to pay any installment of principal or interest or any
<br /> other sum secured hereby when due;
<br /> (b) A breach of, or default under, any provision contained in the
<br /> Note, this Deed of Trust, any of the Loan Instruments, or any other lien or
<br /> encumbrance upon the Property;
<br /> (c) A writ of execution or attachment, or any similar process, shall
<br /> be entered against Trustar which shall become a lien on the Property or
<br /> any portion or interest therein;
<br /> (d) There shall be filed by or against Trustor or Borrower an
<br /> action under any present or future federal, state or other statute, law or
<br /> regulation relating to bankruptcy, insolvency or other relief for debtors, or
<br /> 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
<br /> thereof, or Trustor or Borrower shall make any general assignment for the
<br /> benefit of creditors;
<br /> (e) The sale, transfer, assignment, conveyance or further encum-
<br /> brance of all or any part of or any interest in the Property, either
<br /> voluntarily or involuntarily, without the express written consent of Lender
<br /> or as otherwise herein permitted; or
<br /> (� Abandonment of the Property. i
<br /> 12. Remedies: Acceleration U�on 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 Trustar's interest in the Property
<br /> to be sold and the proceeds to be distributed, all in the manner provided in
<br /> the Nebraska Trust Deeds Act;
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