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<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 sha11 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
<br /> Borrower or of all or any part of the Property, rents, issues or profits thereof, or Trustor or
<br /> Borrower 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 pernutted;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 /> shall 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, 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
<br /> exercised 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 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 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 shall
<br /> be entitled to recover from Trustor all costs and expenses actually incuned as a result of Trustor's default, including,
<br /> without limitation, all Trustee's and attorney's fees,to the extent pernutted by applicable law.
<br /> 15. Future Advances. Upon request of Bonower, 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 /> Deed of Trust. At no time sha11 the principal amount of the indebtedness secured by this Deed of Trust, not including
<br /> sums advanced to protect the security of this Deed of Trust, exceed the original principal amount stated herein, or $
<br /> ,whichever is greater.
<br /> 16. Miscellaneous Provisions.
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