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200411739 . <br />f) Abandonment of the Property. <br />12) Remedies' Acceleration U on Default. In the event of any Event of Default, Lender may, <br />without notice except as required by law, declare all indebtedness secured hereby to be <br />due and payable, and the same shall thereupon become due and payable without any <br />presentment, demand, protest or notice of any kind. Thereafter, Lender may: <br />a) Demand that Trustee exercise the POWER OF SALE granted herein, and Trustee <br />shall thereafter cause Truster's interest in the Property to be sold and the proceeds to <br />be 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 <br />upon 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 <br />exclusive of any other remedy herein, in the Note or by law provided or permitted, but each <br />shall be cumulative, shall be in addition to every other remedy given hereunder, in the Note <br />or now or hereafter existing at law or in equity or by statute, and may be exercised <br />concurrently, independently or successively. <br />13) Trustee. The Trustee may resign at any time without cause, and Lender may at any time <br />and without cause appoint a successor or substitute Trustee. Trustee shall not be liable to <br />any party, including, without limitation, Lender, Borrower, Truster or any purchaser of <br />the Property, for any loss or damage unless due to reckless or willful misconduct, and <br />shall not be required to take any action in connection with the enforcement of this Deed <br />of Trust unless indemnified, in writing, for all costs, compensation or expenses which <br />may be associated therewith. In addition, Trustee may become a purchaser at any sale of <br />the Property (judicial or under the power of sale granted herein); postpone the sale of all <br />or any portion of the Property, as provided by law; or sell the Property as a whole, or in <br />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 sale, <br />Trustee shall be entitled to apply any sale proceeds first to payment of all costs and <br />expenses of exercising power of sale, including all Trustee's fees, and Lender's and <br />Trustee's attorney's fees actually incurred to the extent permitted by applicable law. In <br />the event Borrower or Truster exercises any right provided by law to cure an Event of <br />Default, Lender shall be entitled to recover from Truster all costs and expenses actually <br />incurred as a result of Truster's default, including, without limitation, all Trustee's and <br />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 <br />and future advances and readvances to Borrower. Such advances and readvances, with <br />interest thereon, shall be secured by this Deed of Treat. At no time shall the principal <br />amount of the indebtedness seemed by this Deed of Trust, not including sums advanced <br />to protect the security of this Deed of Trust, exceed the original principal amount stated <br />herein, or $0.00 whichever is greater. <br />16) Miscellaneous Provisions. <br />a) Borrower Not Released. Extension of the time for payment or modification of <br />amortization of the sums secured by this Deed of Trust granted by Lender to any <br />successor in interest of Borrower shall not operate to release, in any [[tanner, the <br />liability of the original Borrower and Borrower's successors in interest. Lender shall <br />not be required to commence proceedings against such successor or refuse to extend <br />time for payment or otherwise modify amortization of the sums secured by this Deed <br />of Trust by reason of any demands made by the original Borrower and Borrower's <br />successors in interest. <br />b) Lender's Powers. Without affecting the liability of any other person liable for the <br />payment of any obligation herein mentioned, and without affecting the lien or charge <br />of this Deed of Trust upon any portion of Property not then or theretofore released <br />as a security for the full amount of all unpaid obligations, Lender may, from time to <br />docs.doc 4of6 <br />