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200205612 <br />(a) Failure to pay any installment of principal or interest or any other sum scarred <br />hereby when due, <br />(b) A breach of, or default under, any provision contained in the Note, this Deed of <br />Trust, any ofthe 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 />Tiustoi which shall become a lien on the Property or any portion or interest therein; <br />QI) There shall be fled 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 Trosfor or <br />Borrower or of all or any part of the Property, rents, issues or profits thereof, or Tmstor or <br />Borrower shall make any general assignment for the henefit ofereditois; <br />(c) 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 />(f) Abandonment ofthe Property. <br />12. Remedies: Acceleration Upon Default I the event of and Event of DcE r11, Lender may, it <br />notice except as required by law, declare all 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 thercalicr cause Trusters 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 />(h) Exorcise any and all rights provided for in the Note, this Deed of'Frust or by law <br />upon occurrence of any Event of Default; and <br />(c) Commence an action to foreclose this Deed of 'crust as a mortgage, appoint a <br />receiver or specifically enforce any of the covenants hcmof. <br />No remedy herein confen'ed upon, or reserved to, Trustee or Lender is intended to be exclusive ofany other remedy <br />herein, in the Note or by law provided or permitted, but each shall be cumulative, shall 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 amwreently independently or successively. <br />13. Trustee. the 'Trustee may resign at any lure 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 <br />limitation, Lender, Borrower, T'rustor or any purchaser of the Property, for any loss or damage unless due to <br />reckless or willful misconduct, and shall not be required to take any action in connection with the enforcement of <br />Ibis Decd of Trust unless indemnified, in writing, for all costs, compensation or expenses which may be associated <br />therewith_ In addition, l7ustee may become a purchaser at any sale of the Property judicial or under the power of <br />sale granted herein); postpone the sale ofall or any portion ofthe Property, as provided by law; or sell the Property <br />as a whole, or in separate put cc or Tots at Trustee's discretion. <br />14. Fees and Expenses_ In the event 'Trustee sells the Property by exercise of power of sale, Trustee shall <br />be entitled to apply any sale proceeds first to payment of all costs and expenses of exercising power of sale, <br />including all Trustee's fees, and Leader's and Trustee's attorney's fees actually incurred to the extent permitted by <br />applicable law. In the event Borrower or Truster exercises any right provided by law to cure an Event of Default, <br />Lender shall be entitled to recover from Tmstor all costs and expenses actually incurred as a result of Trustoi's <br />default, including, without hunilatiou, all 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 he secured by <br />this Deed of Trust At no time shall the principal amount of the indebtedness secured by this Deed of Trust, not <br />including sums advanced to protect Lhe security of this Deed of Trust, exceed the original principal amount stated <br />herein, or SO till, whichever is greater. <br />IG. Miscellaneous Provisions. <br />(a) Borrower Not Released. Extension ofthe time for payment or modification of amortization of <br />dm sums secured by this Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate <br />to release, in any manner, the liability of the original Borrower, and B nulkscr's sacre ssom in interest Lender shall <br />not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise <br />modify amortization of the sums secured by this Deed of Trust by reason of any demands made by the original <br />Borrower and Borrower's successors m interest <br />