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87-- 101147
<br />(e) The sale, transfer, assignment, conveyance or further encumbrance of all or
<br />any part of or any interest in the Property, either voluntarily or involuntarily,
<br />without the express written consent of Lender. -
<br />(f) If Borrower is not an individual, the sale, transfer, assignment, conveyance
<br />or encumbrance of more than per cent of (if a corporation) its issued and
<br />outstanding stock of (if a partnership) per cent of partnership interests.
<br />4. Resedies; Acceleratim Dpen Default. In the event of any Event of Default Lender may
<br />declare all indebtedness secured hereby to be due and payable and the same shall thereupon become
<br />due and payable without any presentment, demand, protect or notice of any kind. Thereafter Lender
<br />any:
<br />(a) Demand that Trustee exercise the POWER OF SAIE granted herein, and Trustee
<br />shall thereafter cause Borrower's interest in the Property to be sold and the proceeds -
<br />to be distributed, all in the manner provided in the Nebraska Trust Deeds Act;
<br />(b) Hither in person or by agent, with or without bringing any action or
<br />proceeding, or by a receiver appointed by a court and without regard to the adequacy of
<br />its security, enter upon and take possession of the Property, or any part thereof, in
<br />its own name or in the name of Trustee, and do any acts which it denims necessary or -
<br />desirable to preserve the value, marketability or rentability of the Property, or part -
<br />thereof or interest therein, increase the income therefrom or protect the security
<br />hereof and, with or without taking possession of the Property, sue for or otherwise
<br />collect the rents, issues and profits thereof, including those past due and unpaid, and
<br />apply the same, less costs and expenses of operation and collection including attorney's -
<br />fees, upon any indebtedness secured hereby, all in such order as lender say determine.
<br />The entering upon and taking possession of the Property, the collection of such rents,
<br />issues and profits and the application thereof as aforesaid, shall not cure or waive any
<br />default or notice of default hereunder or invalidate any act done in response to such
<br />default or pursuant to such notice or default and, notwithstanding the continuance in
<br />possession of the Property or the collection, receipt and application of rents, issues
<br />or profits, Trustee or Lefler shall be entitled to exercise every right provided for in
<br />any of the Loan Instruments or by law upon occurrence of any event of default, including _
<br />the right to exercise the power of sale; and
<br />(c) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a
<br />receiver, or specifically enforce any of the covenants hereof; - -
<br />No remedy herein conferred upon or reserved to Trustee or Lender is intended to be exclusive
<br />of any other remedy herein or by law provided or permitted, but each shall be cumulative, shall be
<br />in addition to every other remedy given hereunder or now or hereafter existing at law or in equity
<br />or by statute, and may be exercised concurrently, independently or successively.
<br />10. Ttmstee. The Trustee may resign at any time without carne, and Lender may at any tine
<br />and without cause appoint a successor or substitute Trustee. Trustee shall not be liable for any
<br />loss or damage unless due to actionable negligence 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 a£ the
<br />Property (judicial or
<br />under the power of sale granted herein); postpone the sale of all or any portion of the Property,
<br />as provided by law; or sell the Property as a whole, or in separate parcels or lots.
<br />U. Miscellaneous Provisions.
<br />(a) Borrower Not Released. Extension of the time for payment or modification of
<br />amortization of the shams secured by this Deed of Trust granted by Lender to any
<br />successor in interest of Borrower shall not operate to release, in any manner, the -
<br />liability of the original Borrower and Borrower's successors in interest.
<br />(b) 1®der's Powers. Without affecting the liability of any other person liable
<br />for the payment of any obligation herein mentioned, and without affecting the lien or
<br />charge of this Deed of Trust upon any portion of the Property not then or theretofore
<br />released as security for the full amount of all unpaid obligations, Lender may, from
<br />Lima to time and without notice (i) release any person so liable, (ii) extend the
<br />maturity or alter any of the terms of any such obligations, (iii) grant other
<br />indulgemes, (IV) release or recomey, or cause to be released or reconveyed at any time
<br />at Lander's options any parcel, portion or all of the Property, (v) take or release any
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