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200213698 <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 InsWments, 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 />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, slate 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 I roster 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 sale, transfer, assignment, conveyance us further arwmbiance of all us any part <br />of or any interest in the Property, either voluntarily or involuntarily, without the express written <br />consent of Lender or as othu,ise herein pi n trc?i or <br />(t) Abandonment of the Property_ <br />L' Remedies Acceleration Upon Default In the event of and Event of Dcfault, tender may without <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 thereafter cause Trustor's interest in the Property to be sold and the proceeds to be <br />distributed, all in the mums provided in the Nebi aska'1 iusi Deeds Act, <br />(b) Fxe, rise ray and all rights provides far in the Note, this D. ud 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, 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 concurrently, independently or successively. <br />13. Truste _ 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 he liable to any party, including, without limitation, <br />Lender, Borrower, Truster 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 indenvafied, in writing for all 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 safe of all or any portion of tire 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. Pees 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, including <br />all Trustees fees, and Lender's and Trustee's attorney's fees actually incurred 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 Truster all costs and expenses actually incurred as a result of 1 i'usrors default, including, <br />without limitation, 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 be secured by this <br />Deed off rust. At no time shall 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 />$0.00, whichever is greater. <br />lfi_ Miscellaueous Provisions <br />(a) Boer. Not Rcicased ICxtension of the time for payment or modification of amortization of <br />the 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 Borrower's suer =_ssors 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 am demands made by the original <br />Borrower and Borrower's successors in interest. <br />