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200315334
<br />(e) The sale, transfer, assignment, conveyance or further encumbrance of all or any
<br />part of or any interest in the Property, either voluntarily or involuntarily, without the express
<br />written consent of Lender.
<br />9. Remedies; Acceleration Upon Default. In the event of any Event of Default, Lender may
<br />declare all indebtedness secured hereby to be due and payable and the same shall thereupon become due
<br />and payable without any presentment, demand, protest or notice of any kind. Thereafter Lender may:
<br />(a) Demand that Trustee exercise the POWER OF SALE granted herein, and
<br />Trustee shall thereafter cause Borrower's interest in the Property to be sold and the
<br />proceeds to be distributed, all in the manner provided in the Nebraska Trust Deeds Act;
<br />(b) Either in person or by agent, with or without bringing any action or proceeding,
<br />or by a receiver appointed by a court and without regard to the adequacy of its security,
<br />enter upon and take possession of the Property, or any part thereof, in its own name or in
<br />the name of Trustee, and do any acts which it deems necessary or desirable to preserve the
<br />value, marketability or rentability ofthe Property, or part thereof or interest therein, increase
<br />the income therefrom or protect the security hereof and, with or without taking possession
<br />of the Property, sue for or otherwise collect the rents, issues and profits thereof, including
<br />those past due and unpaid, and apply the same, less costs and expenses of operation and
<br />collection including attorney's fees, upon any indebtedness secured hereby, all in such order
<br />as Lender may determine. The entering upon and taking possession of the Property, the
<br />collection of such rents, issues and profits and the application thereof as aforesaid, shall not
<br />cure or waive any default or notice of default hereunder or invalidate any act done in
<br />response to such default or pursuant to such notice or default and, notwithstanding the
<br />continuance in possession of the Property or the collection, receipt and application of rents,
<br />issues or profits, Trustee or Lender shall be entitled to exercise every right provided for in
<br />any of the Loan Instruments or by law upon occurrence of any event of default, including
<br />the right to exercise the power of sale; and
<br />(c) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a
<br />receiver, 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
<br />any other remedy herein or by law provided or permitted, but each shall be cumulative, shall be in addition
<br />to every other remedy given hereunder or now or hereinafter existing at law or in equity or by statute, and
<br />may be exercised concurrently, independently or successively.
<br />10. Trustee. The Trustee may resign at any time without cause, and Lender may at any time and
<br />without cause appoint a successor or substitute Trustee. Trustee shall not be liable for any loss or damage
<br />unless due to actionable negligence or willful misconduct, and shall not be required to take any action in
<br />connection with the enforcement of this Deed of Trust unless indemnified in writing, for all costs,
<br />compensation or expenses which may be associated therewith. In addition, Trustee may become a
<br />purchaser at any sale of the Property (judicial or under the power of sale granted herein); postpone the sale
<br />of all or any portion of the Property, as provided by law; or sell the Property as a whole, or in separate
<br />parcels or lots.
<br />11. 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 successor
<br />in interest of Borrower shall not operate to release, in any manner, the liability of the
<br />original Borrower and Borrower's successors in interest.
<br />(b) Lender's Powers. Without affecting the liability of any other person liable for
<br />the payment of any obligation herein mentioned, and without affecting the lien or charge
<br />of this Deed of Trust upon any portion of the Property not then or theretofore released as
<br />security for the full amount of all unpaid obligations. Lender may, from time to time and
<br />without notice (i) release any person so liable, (ii) extend the maturity or alter any of the
<br />terms of any such obligations, (iii) grant other indulgences, (iv) release or reconvey, or
<br />cause to be released or reconveyed at any time at Lender's options any parcel, portion or
<br />all of the Property, (v) take or release any other or additional security for any obligation
<br />herein mentioned, or (vi) make compositions or other arrangements with debtors in relation
<br />thereto.
<br />(c) Forbearance by Lender Not a Waiver. Any forbearance by Lender in
<br />exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not
<br />be a waiver of or preclude the exercise of any such right or remedy. The procurement of
<br />insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver
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