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<br />200704080
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<br />issues and profits thereof, including those past due and unpaid, and apply the same, less costs
<br />and expenses of operation and collection including attorney's fees, upon any indebtedness
<br />secured hereby, all in such order as Lender may determine. The entering upon and taking
<br />possession of the Property, the collection of such rents, issues and profits and the application
<br />thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or
<br />invalidate any act done in response to such default or pursuant to such notice of default and,
<br />notwithstanding the continuance in possession of the Property or the collection, receipt and
<br />application of rents, issues or profits, and Trustee and Lender shall be entitled to exercise every
<br />right provided for herein or by law upon occurrence of any Event of Default, including without
<br />limitation the right to exercise the power of sale. Further, Lender's rights and remedies under
<br />this paragraph shall be cumulative with, and in no way a limitation on, Lender's rights and
<br />remedies under any assignment of leases and rents recorded against the Property. Lender, Trus-
<br />tee and the receiver shall be liable to account only for those rents actually received.
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<br />11. Events of Default. The following shall constitute an Event of Default under this
<br />Deed of Trust:
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<br />(a) Failure to pay any installment of principal or interest or any other sum
<br />secured hereby when due;
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<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;
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<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;
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<br />(d) There shall be filed by or against Trustor or Borrower an action under
<br />any present or future federal, state or other statute, law or regulation relating to
<br />bankruptcy, insolvency or other relief for debtors, or there shall be appointed any
<br />trustee, receiver or liquidator of Trustor or Borrower or of all or any part of the
<br />Property, rents, issues or profits thereof, or Trustor or Borrower shall make any
<br />general assignment for the benefit of creditors;
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<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 or as otherwise herein permitted; or
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<br />(f) Abandonment ofthe Property.
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<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:
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<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;
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<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 Default; and
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<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.
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<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 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.
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<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 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 (judicial or
<br />under the power of sale granted herein); postpone the sale of all or any portion ofthe Property, as
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