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_ � <br /> _ 99 11087 � <br /> such order as Lender may deternune. The entering upon and taking 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 Trustee and Lender sha11 be entitled to exercise every right provided for herein or by law upon <br /> occurrence 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 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 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, sha11 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 Borrower 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 shall 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 sale,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 sha11 <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, a11 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 /> occunence 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, sha11 be in addition to every other <br /> remedy given hereunder,in the Note or now or hereafter existing at law or in equity or by statute,and may be exer- <br /> cised concunently,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 anless due to reckless or willful <br /> misconduct,and shall 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 a11 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 incurred to the e�ent 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,a11 Trustee's and attorney's fees,to the extent permitted by applicable law. <br /> 15. Future Advances. Upon request of Borrower,Lender may, at its option,make additional and future <br /> advances and readvances to Borrower. Such advances and readvances,with interest thereon, shall be secured by this <br /> Page 3 of 5 � <br />