<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 />
|