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<br />200701960 <br /> <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 thirty (30) days; or Borrower initiates, consents to or <br />acquiesces in an action in bankruptcy, reorganization, debt arrangement or other <br />proceeding under any b:m.kruptcy or insolvency law, or [my 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 />(c) 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, which consent shall not be <br />unreasonably withheld, delayed or conditioned, or as otherwise herein permittcd; <br />or <br /> <br />(f) Abandonment of the Property. <br /> <br />12. Remedies: Acceleration UDon 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 shaUthereafter 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 ofDefau1t; and <br /> <br />(c) Commence an action to foreclose this Deed of Trust as a mortgage, <br />appoint a receiver or specifically enforce any of the covenants hereof. <br /> <br />No remedy herein conferred upon, or reserved to, Trustee or Lender is intended to be exclusive <br />of any other remedy herein, in the Notc or by law provided or permitted, but each shall be cumu- <br />lative,shalI 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. Trustee. The Trustee may resign at any time without cause, and Lender may at any <br />time and without cause appoint a successor or substitute Trustee. Trustee 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 thc enforcement of tlus Deed of Trust unless <br />indcmnificd, 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 Trustee's <br />discretion. <br /> <br />14. Fees and Expenses. In the event Trustee sells the Property by exercise of power of <br />sale, Trustee shall be entitled to apply any sale proceeds first to payment (Jf all costs aud <br />cxpenses of exercising power of sale, including all Trustee's fees, and Lender's and TTIlstee's <br />reasonable attorney's fees actually incurred to the extent permitted by applicable law. In the <br />event Borrower or Trnstor exercises any right provided by law to cure an Event of Default, <br />Lcndcr shall be cntitlcd to rccover from Trustor all costs and expenses actually incurred as a <br />result of TTIlstor's default, including, without limitation, all Trustee's and reasonable attorney's <br />fees, to the extent permitted by applicable law. <br /> <br />15. Future Advances. Upon request of Borrower, Lender may, at its option, make <br />additional and future advances and readvances to Borrower. Such advances and readvanees, <br />with intercst thereon, shall be sceured by this Deed of Trust. At no time shall the principal <br /> <br />4 <br />