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..~ ' From: 11/06/2007 15:24 11474 P.010/025 200709864 (b) A breach of or default under any provision contained in the Note, this Deed G)f Trust, any of the Loan Instruments, or any other lien or encumbrancc upon the Property; (c) A writ of execution or attachment or any similar proccss shall be entercd against Trustor which shall bccome a liGll 011 the Property or any portion thereof Or interest Ulerein: (d) There shall be filed by or against Trustor or Borrower all action under any present or tuture tederal, state or other statLlte, law or regulation rehlting to bankruptcy, insolvency QI' other relieHor debtors; or there shall be appointed any trustoe, roccivcr or liquidator of Trustor or Borrower or of all or any part afthe Property, or the rents, issues or profits thereof, or Trustor or Borrowc,' shall make any general as~ignment for the benefit of creditors; (c) The sale, rransfer, lease, assignment, conveyance or fiu'ther encumbrance of all Or any part of or any interest in the Property, either voluntarily or involuntal'ily, withouL the express written consent oLLender; provided that Trustor shall be permitted to execute a lease of the Property thut does not contain an opticm to purchase and the term of which does nuL exceed one year; (I) A bandonment of the Property.: or (g) If Trustor is not an individllal, the issuance, sale, transfer, assignment, conveyance or encumbrance of more than a Mal orTell Percent (10%) of (if a corporation) its issued and uutstanding stock Or (if a partnership) a total ofTen Percent (100;',) ofparLnel'ship interests during the period this Deed of Trust remains a lien on the Property, 12. Remedies. Acceleration Upon Def.1ult In the event of any Event of Default Lender m<lY, without notice oxcept as I'equil'ed by law, declare all indebtedness securcd hereby to be due and payable and the same ,hall thcreupon become due and payable without any presentment, demand, protest or notice of any kind, Thereafter 1.en del' mav: (a) Demand that Trustee exercise the POWER or SALE granted herein, and Trustee shall thereafter cause Trustor's interest in the Property to be sold ami the proceeds to be distributed, all in the manner provided in tho Nebraska Trust Deed Act; (b) Exercise (\ny and all rights provi.ded for in any of the Loan Instruments or by law upon oceur"ence of any Event of Default; and (c) Commence an 'action to toreclose. this Deed ofTrusi as a mortgage, appoint a receiver, or specifically enforce any of the covenants hereol; No remedy herein oonferred upon or reserved to Trustee or Lender is intended to be exclusive of any other remedy herein, in the LOon Instruments or by law provided or permitted, but eaeh shall be cumulative, shall be in addition to every other remedy given hereunder, in the Loan Instruments or now or hereafter existing at law or in equity or by staMe, and may be exercised concurrently, independently or succo"ively, 13. Trustee. The Trustee may resign at any time without caus., and Lender may at any time and without CalIse appoint a successor or substitute Trustee. Trustee shall not be li.able to any party, including without limitation Lender, narrower, Trustor or ally purchaser of the Property, for any loss or damage unless due to reckless or willful misconduct. and shall not he required to take any action in connection with the enforcement ofthis Deed of TnM unless indemnified, in writing, for all costs, compensation or expenses which may be associated therewith, In addition, TruSLee may become a purchaser at any sale ofthe Property (judicial or lU1der the power of sale gnmted herein); postpone thc sale of all or any portion of the Property, a, pruvitled by law; ()]" sell the Property as a whole, or ill sepat'ate parcels or lots at Trustee's discrcriOll, 14. Fees alld F:xpellses. In the event Trustee sells the Property by cxcrcise of powcr of sale, Trustee shall be entitled to apply any sale proceeds first to payment of all costs and expenses of exercising power of sale, including ,,11 Trustee's tees, cmd Lender's and Trustee's attorney's I"os, actually incurred to extenl permitted by applicable law, In the event Harrower or Trustor exercises any rigbt provided by Jaw to curc an Event of Default, Lender shall be entitled to recover from Trustor all costs and expenses actually incurred as a result of Trustor's default, including without limitation all Trustee's and attorncy's fees, to the extent permitted by applicable law, 15, Miscellaneous Provisions. (a) Borrower nol released. Extension ofthc time lor paymcnt or modification ufalnortization ofth. SllmS securcd by this Deed of Trust granted by Lender to 'my successor in interest of Borrower shall not operate to release, in any manner, the liahility of the original Borrower and Borrower's successors in interest. Lender shall not be requircd tu cOmmence proceedings against such successor or renlse to extend time for payment or otherwise modiJY amortization of the sums secured by this Docd of Trust by reason of any dCTIlIUlds made by thc original Borrower and Borrowcr's ~uCCessors in interest. (b) Lender's Powors, Without affec(jl1g the liabIlity of any other pcrson liable for the payment of any obligatioll herc.in mentioned, and without affecting the lien or charge of this Deed of Trust upon any portion of the Property not then or theretofore released as sccurity for the filll amount of allllllpaid obligations, Lemler may, from timc to time and without notice (i) release any person so liable, (ii) extend thc maturity or alter any of the terms of any such obligations, (iii) grant othcr indulgences, (iv) release or reconvey, or Calise to be released Or reconveyed at any time at Lender's option any parcel, portion or all of thc Proper,:" (v) take or rekase allY other or additio"al security br uny obligation herein mentioned, or (vi) make compositions Or other arrangements with debtors in relation thereto, (c) Forbearance by Lender Nor a Waiver, AllY fi)rbearance by Lender in exercising any right or remedy hcrcunder, or otherwi$e afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy, The procurcment of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of I"ender's right to accelerate the maturity of the indebtcdness securcd by this Deed of Tn 1St, (d) Succ~ssors and Assigns Bound; Joinl and &veral Liability; Caprwns, The covenants and agreement' herein contained shall bind, and the rights hcrcll11der shall inurc to, the respective sueccssors and assigns of Lender and frustor, All covenants and agrecments of Trustor shall be joint and several. The captions and headings of the paragraphs of this Deed of Trust are ['-'I' conveniencc only and arc not to b~ used to interpret or define the provisions hereof. (c) RC(IUe.l'1 for Noliees, The parties her.by request that a copy of any notice of dd'lUlt hereunder and a copy of any notice of sale hereunder be mailed to each party to this Deed of Trust at the address set forth above in the manner prescribed by applicable law, Exoept for ~\ny other t10ticc required undcr applicable law to be given in another manner, any notice pl'Ovided for in this Deed of Trust shall be given by mailing by such nutice by certitied mail addressed to the other parties, at the address ,et forth above, Any notice provided for in this Deed of Trust shall be effective upon mailing in Lhe manner do,ignated hercin, If Trustor is more than one person, notice sent to the address set forth above shall be notice to all such persons. (t) lnsp~ction Lender may make or cause to be made I'easonabl. entries upon and Inspections of the Property, provided that Lender shrill give Trustor notice prior to any sllch inspcction specifying reasonable cause therefor related to Lender's intere.st in the Property, li\I09.(;.V (1':I/(J7) Pagc3of4 3307643 GOTO(OOI~iI44)