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<br />c) A writ of execution or attachment, or any similar process, shall be entered against
<br />Truster which shall become a lien on the Property or any portion or interest therein;
<br />d) There shall be filed by or against Truster or Borrower an action under any present or
<br />future federal, state or other statute, law or regulation relating to bankruptcy,
<br />insolvency or other relief for debtors, or there shall be appointed any trustee, receiver
<br />or liquidator of Truster or Borrower or of all or any part of the Property, rents, issues
<br />or profits thereof, or Trustor or Borrower shall make any general assignment for the
<br />benefits 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
<br />express written consent of Lender or as otherwise herein permitted; or
<br />t) Abandonment of the Property.
<br />12) Remedies: Acceleration Upon 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, Tmstor 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 Tmstor 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 Tmstor'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 Trust. At no time shall the principal
<br />amount of the indebtedness secured 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 S whichever is greater.
<br />Thayer DOT.doc 4 of 6
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