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<br />200707656 <br /> <br />(b) A breach of or default under any of the terms of the Note, or this Trust <br />Deed; <br /> <br />(c) A writ of execution or attachment or any similar process shall be entered <br />against Trustor which shall become a lien on the Property; <br /> <br />(d) There shall be filed by or against Trustor any action under any present or <br />future federal, state or other statute, law or regulation relating to <br />bankruptcy, insolvency, or other relief for debtors; or there shall be <br />appointed any trustee, receiver, or liquidator of Trustor or of all or any part <br />of the Property, or the rents, issues or profits thereof, or Trustor shall <br />make any general assignment for the benefit of creditors; and <br /> <br />(e) The sale, transfer, assignment, or encumbrance of all or any part of the <br />Property, either voluntarily or involuntarily, without the express written <br />consent of Beneficiary. <br /> <br />9. Remedies, Acceleration Upon Default. Should an event of default occur <br />and not be cured within the time specified herein, in the Note, then the Beneficiary, at <br />their option, may declare all indebtedness secured hereby to be due and payable. <br />Thereafter Beneficiary may: <br /> <br />(a) Elect to foreclose upon the Property by POWER OF SALE granted herein, <br />and Trustee shall thereafter cause Trustor's interest, if any, in the Property <br />to be sold and the proceeds to be distributed in the manner provided in the <br />Nebraska Trust Deeds Act; or <br /> <br />(b) Commence an action to foreclose this Trust Deed as a mortgage, appoint <br />a receiver, or specifically enforce any of the covenants hereof. <br /> <br />No remedy herein conferred upon or reserved to Trustee or Beneficiary is <br />intended to be exclusive of any other remedy herein or by law provided or permitted, but <br />each shall be cumulative and shall be in addition to ever other remedy given hereunder <br />or now or hereafter existing at law or in equity or by statute, and may be exercised <br />concurrently, independently or successively. <br /> <br />10. Appointment of Successor Trustee. The Trustee may resign at any time <br />without cause, and Beneficiary may, from time to time, by written instrument executed <br />and acknowledged by Beneficiary mailed to the Trustor and recorded in Custer County, <br />Nebraska, and by otherwise complying with the provisions of applicable law; substitute <br />a successor or successors to the Trustee named herein or acting hereunder. Trustee <br />shall not be liable to any party, including with limitation Beneficiary, for any loss of <br />damage unless due to reckless or willful misconduct, and shall not be required to take <br />any action in connection with the enforcement of the Trust Deed unless indemnified, in <br />writing, for all costs, compensation or expenses which may become associated <br />therewith. In addition, Trustee may postpone the sale of all or any portion of the <br /> <br />4 <br />