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<br />1 <br /> <br />200701958 <br /> <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, other than a default in the payment of principal or interest due <br />in respect to the Promissory Note, and such default continues for thirty (30) days <br />after notice thereof from Lender is given; <br /> <br />(c) A writ of execution or attachment, or any similar process, shall be <br />entered against Trustor which shall become a lien on the Property or any portion <br />or interest therein, which lien is not removed within thirty (30) days from <br />Trustor's actual knowledge of such lien; <br /> <br />(d) Borrower becomes insolvent or admits in writing its inability to pay <br />debts as they mature; or applies for, consents to or acquiesces in the appointment <br />of a trustee or receiver for any of Borrower's property; or in the absence of an <br />application, consent or acquiescence, a trustee or receiver is appointed for <br />Borrower or a substantial part of Borrower's property and such trustee or receiver <br />is not discharged within thiIiy (30) days; or Borrower initiates, consents to or <br />acquiesces in an action in bankruptcy, reorganization, debt arrangement or other <br />proceeding under any bankruptcy or insolvency law, or any dissolution or <br />liquidation proceeding, is instituted against Borrower and such action against <br />Borrower in bankruptcy, reorganization, debt arrangement or other proceeding <br />under any bankruptcy or insolvency law remains for thirty (30) days undismissed; <br /> <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, whieh consent shall not be <br />tmreasonably withheld, delayed or conditioned, or as otherwise herein permitted; <br />or <br /> <br />(f) Abandonment of the Property. <br /> <br />12. Remedies; Acceleration Upon Default. In the event of and 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 /> <br />(a) Demand that Trustee exercise the POWER OF SALE granted herein, <br />and Trustee shall thereafter cause Trustor's interest in the Property to be sold and <br />the proceeds to be distributed, all in the manner provided in the Nebraska Trust <br />Deeds Act; <br /> <br />(b) Exercise any and all rights provided for in the Note, this Deed of Trust <br />or by law upon occurrence of any Event of Defau!t; and <br /> <br />( c) Commence an action to foreclose this Deed of Tmst as a mortgage, <br />appoint a receiver or specifically enforce any ofthe covenants hereof. <br /> <br />No remedy herein conferred upon, or reserved to, Tmstee or Lender is intended to be exclusive <br />of any other remedy herein, in the Note or by law provided or permitted, but each shall be cumu" <br />lative, shall be in addition to every other remedy given hereunder, in the Note or now or <br />hereafter existing at law or in equity or by statute, and may be exercised concurrently, indepen- <br />dently or successively. <br /> <br />13. :rrustee. The Tmstee may rcsign at any time without cause, and Lender may at any <br />time and without cause appoint a successor or substitute Tmstee. Tmstee shall not be liable to <br />any party, including, without limitation, Lender, Borrower, Trustor or any purchaser of the <br />Property, for any loss or damage unless due to reckless or willful misconduct, and shall not be <br />required to take any action in connection with the enforcement of this Deed of Trust unless <br />indemnified, in writing, for all costs, compensation or expenses which may be associated <br />therewith. In addition, Trustee may become a purchaser at any sale of the Property Gudicial or <br />under the power of sale granted herein); postpone the sale of all or any portion of the Property, as <br />provided by law; or sell the Property as a whole, or in separate parcels or lots at Tmstee's <br />discretion. <br /> <br />4 <br />