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200300569
<br />11. Events of Default. The following shall constitute an Event of Default under this
<br />Deed of Trust:
<br />(a) Failure to pay any installment of principal or interest or any other sum
<br />secured hereby when due;
<br />(b) A breach of, or default under, any provision contained in the Note,
<br />this Deed of Trust, any of the Loan Instruments or any other lien or encumbrance
<br />upon the Property;
<br />(c) A writ of execution or attachment, or any similar process, shall be
<br />entered against Truster which shall become a lien on the Property or any portion
<br />thereof or interest therein;
<br />(d) There shall be filed by or against'frustor or Borrower an action under
<br />any present or future federal, state or other statute, law or regulation relating to
<br />bankruptcy, insolvency or other relief for debtors, or there shall be appointed any
<br />trustee, receiver or liquidator of Trustor or Borrower or of all or any part of the
<br />Property, or the rents, issues or profits thereof, or roister or Borrower shall make
<br />any general assignment for the benefit of creditors;
<br />(e) The sale, transfer, assignment, conveyance or further encumbrance of
<br />all or any part of or any interest in the Property, either voluntarily or involuntarily,
<br />without the express written consent of Lender or as otherwise herein permitted; or
<br />(f) Abandonment of the Property.
<br />12. Remedics� Acceleration Upon Default. In the event of any Event of Default, Lender
<br />may, without notice except as required by law, declare all indebtedness secured hereby to be due
<br />and payable, and the same shall thereupon become due and payable without any presentment,
<br />demand, protest or notice of any kind. Thereafter, Lender may:
<br />(a) Demand that Trustee exercise the POWER OF SALE granted herein,
<br />and Trustee shall thereafter cause Truster's interest in the Property to be sold and
<br />the proceeds to be distributed, all in the manner provided in the Nebraska I' rust
<br />Deeds Act;
<br />(b) Exercise any and all rights provided for in the Note, this Deed of 'I rust
<br />or any of the Loan Instruments or by law upon occurrence of any Event of
<br />Default; and
<br />(e) Commence an action to foreclose this Deed of Trust as a mortgage,
<br />appoint a receiver or specifically enforce any of the covenants hereof.
<br />No remedy herein conferred upon, or reserved to,'1'ntstee or Lender is intended to be exclusive
<br />of any other remedy herein, in the Note or any of the Loan Instruments or by law provided or
<br />permitted, but each shall be cumulative, shall be in addition to every other remedy given here-
<br />under, in the Note or any of the Loan Instruments or now or hereafter existing at law or in equity
<br />or by statute, and may be exercised concurrently, independently or successively.
<br />11 Trustee. Trustee may resign at any time without cause, and Lender may at any time
<br />and without use appoint a successor or substitute Trustee. 'Trustee shall not be liable to any
<br />party, including, without limitation, Lender, Borrower, Trustor or any purchaser of the Property,
<br />for any loss or damage unless due to reckless or willful misconduct, and shall not be required to
<br />take any action in connection with the enforcement of this Deed of Trust unless indemnified, in
<br />writing, for all costs, compensation or expenses which may be associated therewith. In addition,
<br />Trustee may become a purchaser at any sale of the Property (udicial or under the power of sale
<br />granted herein); postpone the sale of all or any portion of the Property, as provided by law; or
<br />sell the Property as a whole, or 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
<br />sale, Trustee shall be entitled to apply any sakc proceeds first to payment of all costs and
<br />expenses of exercising power of sale, including all Trustee's fees, and Lender's and Trustee's
<br />attorney's fees actually incurred, to the extent permitted by applicable law. In the event
<br />Borrower or Trustor exercises any right provided by law to cure an Event of Default, Lender
<br />shall be entitled to recover from Trustor all costs and expenses actually incurred as a result of
<br />Trustor's default, including, without limitation, all Trustee's and attorney's fees, to the extent
<br />permitted by applicable law.
<br />15. Future Advances. Upon request of Borrower. Lender may, at its option, make
<br />additional and future advances and readvances to Borrower. Such advances and readvances,
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