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<br /> income therefrom, or protect the security thereof, and,with or without taking possession of the Property, sue for, or
<br /> otherwise collect,the rents,issues and profits thereof,including those past due and unpaid, and apply the same,less
<br /> costs and expenses of operation and collection including attorney's fees,upon any indebtedness secured hereby,all in
<br /> such order as Lender may deternune. The entering upon and talting possession of the Property,the collection of such
<br /> rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any default or notice of
<br /> default hereunder or invalidate any act done in response to such default or pursuant to such notice of default and,
<br /> notwithstanding the continuance in possession of the Property or the collection,receipt and application of rents,
<br /> issues or profits,and Trostee and Lender shall be entitled to exercise every right provided for herein or by law upon
<br /> occunence of any Event of Default,including without limitation the right to exercise the power of sa1e. Further,
<br /> Lender's rights and remedies under this paragraph sha11 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 sha11 be liable to account only for those rents actually received.
<br /> 11. Events of Default. The following sha11 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 execution or attachment,or any similar process, shall be entered against
<br /> Trustor which shall become a lien on the Property or any portion or interest therein;
<br /> (d) There shall be filed by or against Trustor or Bonower 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 sha11 be appointed any trustee,receiver or liquidator of Trustor or Bor-
<br /> rower or of all or any part of the Property,rents,issues or profits thereof, or Trustor or Borrower
<br /> shall make any general assignment for the benefit of creditors;
<br /> (e) The sa1e,transfer, assignment, conveyance or further encumbrance of all or any part
<br /> of or any interest 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 a11 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 /> sha11 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 all 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 e�sting 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 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 sha11 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 expenses which 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 all or any portion of the Property, as provided by law;or sell the Property as a whole, or
<br /> in separate parcels or lots at Trustee's discretion.
<br /> 14. Fees and Expenses. In the event Trustee sells the Property by exercise of power of sa1e,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 /> all Trustee's fees,and Lender's and Trustee's attorney's fees actually incuned 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 sha11
<br /> be entitled to recover from Trustor all costs and expenses actually incurred as a result of Trustor's default,including,
<br /> without limitation, all Trustee's and attomey's fees,to the extent permitted by applicable law.
<br />' 3 I;
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